Tag Archive for: Immigration

Andrew Stegmann

Africa: How Zimbabweans Risk Life and Limb to Cross Into South Africa

Jumping into a swimming pool is an insurmountable task for many — but Sithembile Moyo (34)* dares crocodiles and other dangerous reptiles found in the Limpopo River at least four times a month as she illegally crosses into South Africa in search of a better life.

For 10 years, Moyo, who hails from Beitbridge, has risked her life to cross the crocodile-infested river at least twice after every fortnight so that she could feed, clothe and send her three sons to school.

“What can I do for my family? Do you want them to die because I was afraid of a crocodile? I have a duty to take care of them, even if it means risking my life, let it be,” Moyo told The Standard news crew in Beitbridge last week shortly after crossing the Limpopo River from South Africa. She goes to work at a farm that has become popular with illegal immigrants.

She met the news crew on the banks of the river with her luggage which she was to carry for more 10km to the nearest bus stop.

“I have seen colleagues die in this river. Some drowned while others were attacked by crocodiles,” she said.

“But the question is: should I watch my children die of hunger when I can afford to cross the river? This is a matter of survival,” she narrates.

“We are used to this life. Every weekend I come home and on Monday I will be here again, in this water crossing back to South Africa where I work.

“I have seen a lot of things happening here, but the grace of God has kept me going.”

Early this year, Moyo witnessed six people drown after a heavy flood hit them while in the middle of the river.

The person whom they had paid to assist them cross the river was able to swim through the flood and survived.

“I have many friends who have failed to make it across the river because of many factors,” Moyo added.

“Some just collapse along the way, while others are hit by big logs and fall into the water. Some are killed by crocodiles.”

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Andrew Stegmann

SOUTH AFRICA | Major Changes on Visa Validity, Transfers, Rectifications, and Appeals

What’s Changed?

Effective immediately, The South African Department of Home Affairs (DHA) has issued a new policy circular making significant changes to the validity period of all visas, the rules for visa transfers and rectifications, and the appeals process for rejected applications. Some of these changes represent significant departures from past practice and have immediate impact – particularly for current visa holders already in South Africa.

Visa Validities May Not Exceed Passport Validity

In a change of potentially immediate concern for companies, foreign employees, and their families, the DHA will no longer accept applications for the transfer of a visa if the applicant’s passport is already expired. Going forward, new visas will not be issued for a validity period exceeding the applicant’s passport expiration date. However, if a visa is issued with a validity that exceeds the passport’s validity, the DHA will now consider it as issued in error and withdraw the visa entirely.

As the rules already require that foreign nationals’ passports be valid for at least 30 days after the time of departure from South Africa, the maximum possible validity period for any visa is now the validity period of the passport minus 30 days. Under these new rules, if foreign nationals are in South Africa within 30 days of their passport expiring, their visa will be considered withdrawn or expired, and they will be liable for an overstay, resulting in a one-year entry bar.

In addition, foreign national visa holders currently outside of South Africa should take note that the previous practice of entering South Africa with two passports – the expired passport containing the valid visa, and a new passport without a visa – is no longer permitted. Therefore, they should renew their passport before applying for their visa if the expected visa validity period will extend beyond 30 days before their current passport expires.

New Restrictions for Transfer of Valid Visas

As visas cannot outlive the validity of the passport, the DHA has also issued new regulations regarding the transfer of visas to a new passport. Thus, the DHA will now only accept applications to transfer visas from an old passport to a new passport under one of the two following conditions: (1) the passport containing the valid visa is lost, stolen, or damaged, or (2) the passport containing the visa is full and there are no blank pages available for the holder to travel. Again, under these new rules, the visa cannot be transferred if the passport has expired. While there is no government fee, a VFS service fee of ZAR 1350 will be charged for all visa transfers.

Rectification of Visa Errors

The DHA will now only accept applications for visa rectifications under one of the following conditions:

  • The name of the applicant is spelled incorrectly or not captured correctly from the application form;
  • The visa category is captured incorrectly and is not the same as that applied for in the application;
  • The visa reference number is incorrect and does not correspond to the reference number given when the application was accepted; or
  • The visa issue date or expiry date do not correspond to the correct validity period for the visa type for which the holder applied.

For visas issued by South African overseas consular posts, rectification can only be made after receiving an email from the consular post confirming the visa’s authenticity. There are no government or VFS fee for applications for visa rectification.

Appeals of Rejected Applications

The DHA will now only accept appeals from decisions rejecting visa applications if submitted in-person within 10 business days at a VFS office after payment of a ZAR 1350 service fee. Acceptable grounds for appeal include:

  • Mistakes by the adjudicator;
  • The application was rejected based on the wrong category;
  • The adjudicator claimed that required documents were missing from the application, but the applicant believes all required documents were provided;
  • The application was rejected based on grounds the applicant believes to be wrongful; and
  • “Any other negative reason not mentioned above.”

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René Stegmann

New policies on validity of visas announced – South Africa

What is the change? South Africa has announced significant changes to the validity period of visas. Visas will no longer be valid beyond the expiration date of the holder’s passport, and authorities will no longer recognize or transfer an existing visa from an old passport to a new passport.

What does the change mean? All foreign nationals currently holding South African visas should check the expiration date on their passport, which is the date that now controls expiration of their visa (regardless of the visa’s stated validity period). Individuals applying for South African visas should also make sure that their passport is valid for at least 30 days beyond the requested visa period.

How will this impact foreign nationals with existing permits?
· Implementation time frame: Immediate.
· Visas/permits affected: All South African visas.
· Who is affected: Individuals currently holding or applying for South African visas.
· Business impact: The policy adds significant administrative burdens and requires employers and individuals to be aware of passport validity periods before applying for visas, as well as during the term of their visa. Individuals risk overstaying their visa (resulting in a one-year bar from entry into South Africa) if their passport expires before the end of their stated visa term.
· Next steps: Companies should work with their BAL professional to identify affected foreign employees and family members, including minor children whose passports usually have shorter validity periods. Those applying for visas may need to obtain a new passport if it is due to expire within the requested visa period. Those who already hold a visa that expires within 30 days before their passport expires may need to leave South Africa to avoid overstaying their visa.
Background: Previously, South African immigration authorities issued visas with a maximum validity period based on the period requested in the application. If a visa holder’s passport expired during the visa period, authorities would allow the visa holder to travel into South Africa with the expired passport holding the visa and the new passport; those already in South Africa could transfer their visa from an old passport to a new passport.

Under the new Department of Home Affairs policy, the maximum validity of a visa is the passport’s validity period minus 30 days. The policy affects individuals currently holding South African visas as well as those applying for or renewing visas, and affects visas issued abroad or in-country.

According to the DHA statement, “A visa issued with an expiry date beyond that of a passport is considered to have been issued in error and when discovered will be withdrawn.” The statement further clarifies that foreign nationals will not be exempt from immigration enforcement because a visa was issued in error. Therefore, in the event that a visa holder’s passport expires while in South Africa during the visa term (even if the visa validity was issued in error), DHA is likely to deem the foreign national an overstay who is subject to being on the “undesirables” list and barred from re-entry for at least 12 months.

For assistance with matters contact our South African immigration team – immigration@relocationafrica.com or call our offices +27 (0)21 7634240 Relocation Africa can provide a management tool to manage all foreign nationals expiry dates on passports and visas.

Andrew Stegmann

New Zealand Visa Changes: The First of Many New Restrictions for SA Immigration?

Cape Town – The recent announcement of the changes to New Zealand’s visa regulations for travelling to South Africa may not be the last change SA’s Department of Home Affairs will be making to SA’s relatively open immigration policy.

SA’s Minister of Home Affairs, Malusi Gigaba, on Tuesday, 13 December 2016, announced that travellers from New Zealand will have to obtain a visa to enter South Africa.

The announcement came after New Zealand, in October this year, announced new regulations requiring South African travellers to purchase a visa before entering.

“Reciprocity is a national principle,” Gigaba said on Tuesday. “Therefore, in view of the aforementioned, a decision was taken to reciprocate by withdrawing the visa exemption which New Zealand passport holders enjoy,” he said.

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