• The White Paper on Citizenship, Immigration and Refugee Protection proposes a raft of legislative reforms.
• One is that the period a foreign national resides in the country won`t be the main considering factor for granting permanent residency.
• The Department of Home Affairs is looking to introduce a points-based system for foreign nationals to apply for residency.
As part of major policy reforms to overhaul the country`s immigration system, the number of years a foreign national resides in the country will no longer be a main determining factor for granting permanent residency.
Periodic invitations for qualifying foreigners to apply for permanent residence will be introduced, together with a points-based system.
These are among several reforms as part of the White Paper on Citizenship, Immigration and Refugee Protection, as approved by Cabinet in April, as a policy to guide the drafting of new legislation and implementation of a new immigration and citizenship system.
On Tuesday, Home Affairs Minister Leon Schreiber, his deputy, Njabulo Nzuza, and department officials presented the reforms to address challenges in immigration to the Portfolio Committee on Home Affairs.
Mavuso said the policy framework affirmed the use of the critical skills list to attract international migrants with skills and qualifications that were in demand.
`The number of years that a foreigner has resided in the country will no longer be a main determining factor for granting permanent residency. Periodic invitations for qualifying foreigners to apply for permanent residence will be introduced, together with the points-based system.
`Introduction of limited-duration permanent residence permits linked to minimum investment. The policy framework must provide for the establishment of the Immigration Advisory Board that will advise the minister on policy and legislative matters. The policy framework and legislative intervention are required to establish the Immigration Division, whose members are duly qualified to deal with the granting of various visas,` Mavuso said.
He said policy framework and legislative intervention were required to establish Immigration Courts.
On the other hand, the Border Management Authority Act was expected to be reviewed to align it with Immigration and Citizenship`s new policy framework.
In July, Schreiber decided to extend the temporary concession for foreign nationals currently awaiting the outcome of visa, waiver and appeal applications.
According to Schreiber, the extension safeguards

applicants - including those who are contributing to South Africa`s economy through their scarce skills - from suffering adverse consequences or being erroneously declared undesirable while they await the outcome of applications submitted to the department.
The committee was not happy with that decision - and several MPs raised concerns about capacity to ensure that undocumented individuals were deported.
Regarding the protection of refugees, the new legislation must enable the department to refuse admission of persons for whom there were reasonable grounds for regarding them as a danger to the security of the country.
This also includes the introduction of the `First Safe Country` principle as a precondition for admitting asylum seekers who have transited through safe countries.
Mavuso said refugees and asylum seekers travel through safe countries, but still chose to come to South Africa.
`Are we dealing with genuine asylum seekers? Or just economic migrants. Asylum seekers must show good cause for their unlawful entry or presence in the country. Refugee reception offices must be located at ports of entry in line with international practice,` he said.
Furthermore, Mavuso said the department was currently developing a supplementary policy paper, which would be submitted to the minister for approval by 31 March 2025.
The supplementary paper will take into consideration the legal opinion which has since been commissioned by the department.
The MK Party`s Sihle Ngubane said the department`s presentation appeared good, but the situation in reality was worse.
`Here we go again, we are good on paper, but we are bad at implementation. The situation on the ground is not the way it is being presented here. We are used to that now in South Africa. We have porous borders, people are walking over the border like going from the bathroom to the dining room,` he said.
The Patriotic Alliance`s Stacey-Lee Gaby Khojane spoke on the issue of scarce skills.
`Before you bring in foreign skills, you need to go and consult with the Department of Higher Education. We have students with skills that are not finding employment. How will someone from the outside be a better choice than someone on the inside,` she said.
The DA`s Adrian Roos said the legislation would bring synergy between various legislation regarding immigration and citizenship. V.5618

As South Africa’s economy becomes increasingly integrated with global markets, businesses are seeking foreign talent to fill critical roles. Hiring a foreigner in South Africa is not as straightforward as recruiting a local candidate, however. South African labour law imposes strict requirements that employers and foreign employees must meet to ensure compliance. Employers who fail to adhere to these regulations risk facing penalties, reputational damage or legal action. V.5619
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It was chaos inside Sandton City Mall on Wednesday when authorities from the departments of Employment and Labour as well as Home Affairs conducted raids. Anxious waiters and waitresses were seen hastily fleeing from the opulent eateries located in Africa’s richest square mile in order to avoid arrests. V.5620
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The extensions will help address a backlog of applications. One of the first acts of new Home Affairs Minister Leon Schreiber has been to give visa applicants a reprieve. Schreiber extended the temporary concession for foreigners awaiting the outcome of their visa, waiver and appeal applications. Home Affairs claims the move is aimed at addressing a backlog of applications and not prejudicing the applicants due to the expected delays. Protection for lawful contributors to SA V.5616
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Joel Sihle Ngubane of the uMkhonto weSizwe (MK) party and a member of the portfolio committee on Home Affairs have called on the department to prioritise local skills before issuing critical skills visas to foreigners. V.5617
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Here are the latest adjustments to 2024 car licence renewal fees in South Africa, as the department continues with stringent reforms … The new Transport Minister is taking the department to task over 2024 car licence renewal fees. However, motorists are reminded that when it comes to how much licence renewal will cost outright, it still varies from province to province. V.5614
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The news: South Africa’s Home Affairs Minister Leon Schreiber has announced the government’s plan to digitise the department, eliminating the need for in-person visits. The government expects this online system to reduce, if not eliminate, in-person visits by transforming the current paper-based processes into an automated platform, allowing South Africans to access services like ID applications, passport renewals, and visas remotely. V.5615
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Germany`s Chancellor Olaf Scholz (R) and Kenya`s President William Ruto signed the deal in Berlin Germany has agreed to open the doors to 250,000 skilled and semi-skilled Kenyan workers in a controlled and targeted labour migration deal. Kenya is struggling with increasing difficulties in providing work and sufficient income for its young professionals, while Germany is facing a shortage of skilled labour. V.5609
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BEIJING - China said it would gradually raise its statutory retirement age, as the country grapples with a looming demographic crisis and an older population. Hundreds of millions of people in China are set to enter old age in the coming decades while the birth rate dwindles dramatically. V.5610
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A surprise inspection at a Pretoria restaurant resulted in the arrest of two foreign national employees who allegedly did not have documentation to be in the country. (Alex Mitchley/News24) • The Department of Labour has conducted a `blitz` inspection at a restaurant in Menlyn. • The surprise inspection came after a complaint alleging the flouting of labour practices by a former employee that started making the rounds on social media. • One of the restaurant owners dismissed the allegations. V.5611
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The Western Cape High Court has temporarily stopped the initiation of any process to deport a foreign national who has indicated an intent to apply for asylum, until their application has been finalised. • The Western Cape High Court has temporarily halted the initiation of any process to deport a foreign national who has indicated an intent to apply for asylum, until their application has been finalised. • The interim interdict will remain in place pending the outcome of the main court application brought by the Scalabrini Centre of Cape Town. • The court is expected to hear that main challenge in February 2025. V.5612
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