News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

Home Affairs offices open over the weekend

Source: Enca, 17/09/2021

Long queues and systems that are constantly offline have long plagued
Home Affairs offices. It`s affected many people. Home Affairs says it
will be using this weekend to resolve issues just like these. Reporter
Mawande Kheswa has more. Courtesy #DStv403
There are over 400,000 uncollected IDs at Home Affairs offices
nationwide.
For those without these documents, there will be no way to register to
vote this weekend.
Home Affairs offices will be open this weekend from 8am to 5pm to help.
“We are going to be open over the weekend so that all those who want to
come and collect their ID’s they can be able to do so,` said Njabulo
Nzuza, Deputy Home Affairs Minister.
`Those who want to have their temporary Identity documents can also come
through. Those who are having extreme case issues where they need
certain things fixed on their ID’s can also come through to resolve
those errors where you have duplicates and so on.`
www.samigration.com



News Articles

South Africa Business Visa ` General Information

Source: Sa Migration, 07/10/2021

Your expression of interest of a business visa has reference and we have provided you with an overview of the basic requirements
A Business Visa is issued to foreign nationals wishing to invest in or purchase a business in South Africa.
Investment in own Business, with or without a South African partner.
A business visa may be issued by the Department of Home Affairs to a foreigner intending to establish or invest in a business in South Africa in which he or she may be employed, and to members of such foreigners’ immediate family providing that certain requirements have been met.
Although the Act calls for investment of R5,0 million in a business to get both temporary and permanent business visa, you can get these visas with less capital investment - sometimes for as low asR400,000 ($45,000 USD) investment using our expert team at SA Migration Services.
Many businesses do not require a capital investment as large as R5 million and in certain cases, you are allowed to reduce this amount and commit to a smaller investment if your business falls within the certain industries . The following businesses to be in the national interest, and therefore qualifying for reduction or waiver of the capitalisation requirements as determined to be in the national interest in relation to a Business Visa:
• Agro-processing
• Business Process Outsourcing and IT Enabled Services
• Capital / Transport equipment, metals and electrical machinery and apparatus
• Electro Technical
• Textile, Clothing and Leather
• Pulp, paper and Furniture
• Consumer goods
• Boatbuilding
• Automotives and Components
• Green Economy Industries ` Power Generation / Renewable Energy
• Advanced Manufacturing
• Tourism infrastructure
• Chemicals, plastic fabrication and pharmaceuticals
• Creative and Design Industry
• Oil and Gas
• Mineral beneficiation
• Infrastructure Development
• ICT - Information and communications technology
The Minister has declared any businesses in the following sector as undesirable and will therefore not be considered under this category of Visa :

a) Businesses that import second hand motor vehicles into the Republic of South Africa
or the purpose of exporting to other markets outside the Republic of South Africa
b) The exotic entertainment industry
c) Security Industry
SA Migration Services will professionally help to arrange your Business Permits for you.
How to Qualify for a Business Visa in South Africa
How to Qualify for a Business Visa in South Africa
If you want to know how to qualify for a business visa in South Africa, read our top 5 hints and tips below. If you prefer to speak to one of our experts you can call us on any of the numbers above or request a call back, or email us.
Our top 5 hints and tips on how to qualify for a business visa in South Africa.
1. The amount you need to invest
A large part of how to qualify for a business visa in South Africa is how much money you have to invest into your new South African business. A minimum investment is required to be made into the business within a 2 year period of time. Further the source of these funds must be from outside of South Africa.
Whilst exemptions to this investment can be applied for they are granted only rarely.
2. How many jobs you will create
South Africa courts foreign investment, from SME’s through to large corporates. A large factor in it doing so is the creation of employment opportunities for local South Africans. As such your application will be scrutinised for the employment positions it creates.
60% of your employees need to be either South African citizens or permanent residency holders.
3. What sector your proposed business is in
Whilst courting foreign investment, regulations also pay attention to attracting the right sort of businesses to South Africa. There are specific sectors such as tourism and manufacturing that are deemed priority industries.
Speak to one of team about the industry sectors currently deemed a priority.
4. A business plan
Many see a business plan as a blueprint to the success of the business. It is a direct reflection on the amount of research, innovation and thought that has gone into planning the operation.
Further, the business plan will also identify the business’s chances of succeeding and the applicant’s own business ability.
A comprehensive business plan which also highlights the applicant’s ability to meet the business visa requirements is a must.
5. Understanding the ongoing requirements
How to qualify for a business visa in South Africa is one thing; keeping the visa is another, and often little or poor advice is given to this important consideration.
Once the business visa is obtained there are ongoing requirements that must be adhered to. Temporary residency holders are obliged to report back to the Department of Home Affairs every 2 years, whilst permanent residency holders must do similar 2 years after receiving permanent residency and 3 years thereafter.
Know your future obligations and ensure you work with a company that is committed to you over the term of such obligations.
Immigration to South Africa on a business visa
Immigration to South Africa on a business visa
One of the ways of obtaining residency in South Africa is via Immigration to South Africa on a business visa. A business visa does not just mean setting up a business, or buying into one in South Africa, but it also means you wish to work within this business. Should you be wishing to invest, but not wishing to work in the business please see information here on the investors visa.
Below we give you ten need-to-know facts on Immigration to South Africa on a business visa:
1. Who can apply for a business visa?
Immigration to South Africa on a business visa is for foreign nationalities that are not married or in partnerships with either a South African citizen or permanent residency holder.
Those in such a relationship need to apply for either a spousal visa or life partner visa (depending upon their marital status) and obtain an endorsement to this visa rather than a standalone business visa.
2. What residency can you obtain with Immigration to South Africa on a business visa?
You would first apply for temporary residency (a business visa) which, if granted, is normally for a period of not more than 3 years. Once temporary residency has been received you may make an application for permanent residency (a business permit).
3. Can my family also immigrate if I am granted this visa?
As with all visa in South Africa each applicant is granted a visa in their own right. Your spouse or partner and any children of a non school age would need to apply for accompanying visa and children in education would require study visa.
4. What is the basic criteria for a business visa?
The Department of Home Affairs will require, amongst other items:
• A comprehensive business plan;
• An appropriative business structure;
• Undertaking with regards to the employment of South Africans;
• An investment amount of not less than 5 million rand originating from funds abroad;
5. Can I run more than one business?
Immigration to South Africa, on a business visa, is specific to a particular business and does not entitle you to work within any other entity other than the one specified on the application and subsequent visa. You can however freely make investments into other businesses but not work in them.
6. I have seen reports that you can get exemptions from investing the R5 million rand; is this true?
The immigration act does allow for this, you can view more here on business categories that may qualify for a waiver.
7. How many people must I commit to employing?
It is a requirement that 60% of your staff are South African citizens, or Permanent residency holders.

8. In what format must the business plan be?
There is no specified format but business plans are central to Immigration to South Africa on a business visa and as such must be comprehensive. It should also be remembered that the business plan also needs to be written in accordance with specific items that the Department of Home Affairs will look out for in judging your application so it will vary from a normal one.
9. Where should I make an application?
Legislation forbids any visa application that would result in a change of status. As an example, entering South Africa on a tourist visa and then applying whilst on this tourist visa for Immigration to South Africa on a business visa, would not be allowed. Where a change of status does not apply then the application can be made in South Africa.
www.samigration.com



News Articles

Life Partner Visa - South Africa

Source: SA migration, 07/10/2021

Life partner visas and / or visas are issued to foreigners who are
immigrating to South Africa with a South African boyfriend or
girlfriend (life partner) with whom they are in a permanent
relationship.
Life partner visas and visas are not commonly known and accessing
information about them can be difficult, but qualifying people should
look to ensure they consider applying within the life partner visa or
visa category as it can have some excellent benefits.
Below we discuss both the life partner visa for permanent residence,
and the life partner visa for temporary residence. You can find more
specific information on each by simply following the links or in
further information.
The Life Partner Visa and Visa Options
To successfully apply for a life partner visa or visa there are a
number of different criteria the applicants must meet. Perhaps the
most onerous being the compiling of sufficient ‘evidence’ that the
relationship is indeed of a permanent nature and it is one of a ‘life
partner’ status.
Proving cohabitation is also a key element as the length of
cohabitation will dictate whether you may qualify for a life partner
visa (permanent residence) or a life partner visa (temporary
residence).
As South Africa’s leading independent immigration company, Sa
Migration Immigration advises, compiles, submits with you and monitors
the entire application on its client’s behalf. Our years of experience
and enviable success rate in obtaining life partner visas and visas,
means that our clients can rest assured that they are in expert hands.
Life Partner Visa- Temporary Residence
Life partners of South Africans may apply for a life partner visa
under the temporary residence category. Once again there is an onus on
proving the relationship is valid, of a permanent nature and in this
case, that cohabitation has existed for at least 2 years.
Temporary residence visas are issued for an initial period, typically
for 2 or 3 years. Applications can be made to extend this period
subject to the relationship still existing.
Life Partner Visas ` Permanent Residence
Life partner visas under the permanent residence category can be made
if it can be proven that the relationship has been of a permanent
nature for 5 years.
Prospective immigrants should be aware that even if they meet the
criteria to make an application for a life partner under the permanent
category, in all likelihood a temporary life partner visa will need to
be applied for due to the fact home affairs is taking approximately 24
months to issue permanent residence to applicants.
Life Partner Visas ` Working or Setting up a Business
For holders of life partner visas the news is excellent ` you are free
to work, set up a business or study with no further permissions!
For the holders of a life partner visa the news is good ` whilst the
life partner visa itself only allows you to enter and stay in South
Africa, an endorsement can easily be obtained, allowing you to work,
study or set up a business.
Endorsing your life partner visa
For work ` once a suitable position has been found and offered via a
contract of employment, Sa Migration Immigration can apply for an
endorsement to the life partner visa enabling the life partner to
work, This negates the need to apply for a work visa or the
requirements such as proving no South African is available to take up
the position.
For business ` a similar endorsement can be applied for with the
immigrant needing to prove that the business exists, this can be done
by providing documentary proof that a suitable company structure has
been set up, such as a (Pty) Ltd for example.
For study ` once you have been excepted for a course by an appropriate
learning institution, an endorsement can be applied for to enable you
to legally study.
It should be noted that applications for life partner visa and
endorsements can be made simultaneously
A life partner visa is an application based upon the individuals
relationship with a South African for permanent residence.
Who should apply for a life partner visa South Africa?
Applications for a life partner visa should be made by those
individuals who are in a permanent relationship with a South African
citizen or Permanent Residence holder.
Life partner visas do not discriminate between heterosexual or same-
sex couples and the requirements and process are identical.
What is the definition of a life partner in South Africa?
Let’s first look at the official definition:
“Such relationship must be intended to be permanent, exclude any other
person and involve cohabitation, an obligation of mutual emotional
support between the parties and a reciprocal obligation to support one
another financially in circumstances where the one has the means to do
so and the other requires such support to maintain, without recourse
to public funds, his or her financial and social standing and standard
of living.”
This is not a black and white area and perhaps one of the most
difficult parts of applying for a life partner visa. As with many
countries South Africa places a large emphasis on the period of
cohabitation.
For a life partner visa this cohabitation period must be for 5 years.
If you cannot meet the 5 year cohabitation requirements then please
see here for details on the temporary residence option, the life
partner visa.
There is also an onus of proving the relationship meets the official
definition and proving the relationship is akin to that of a married
one with both emotional and financial support being factors.
Therefore applications for life partner visas need to ensure that they
include ample proof of the permanent nature of their relationship.
What type of proof needs to be submitted with a Life Partner visa
application?
Proof needs to substantiate both the historic nature of the
relationship as well as it going forward. Obvious items include:
• Joint bank statements
• Joint financial commitments
• Proof of cohabitation
• Affidavits from relations and friends as to the nature and
term of the relationship
Most of these of course apply to financially supporting each other,
emotional support can be hard to prove with documentation.
For this very reason and the fact that the life partner visa is one of
the most abused in South Africa, interviews are compulsory. Interviews
comprise of a Department of Home Affairs or Consulate Official taking
up their right to call the applicant and their spouse in for
interviews.
These interviews will normally be conducted separately and together
and the aim is for the official to form an opinion as to whether the
couple meet the criteria of proving the relationship is in keeping
with the official definition.
It must therefore be stressed that advice and consultation from an
immigration expert is best sought.
Where to apply for your Life Partner visa
In the past, Life partner visas were commonly applied for in South
Africa. The life partner of the South African would enter South Africa
on a Travel visa, valid for 3 months. After entry they would then make
the submission at a Department of Home Affairs Office.
This route is now no longer available to most people as new
legislation has prevented any visa or visa application in South Africa
that changes an applicant’s status. The vast majority of applications
must now be submitted in the applicants home country, with the
exception of those who already hold a life partner visa or other
qualifying visa type.
Can you work on a Life Partner Visa?
Yes you can. In fact, you can enjoy all the rights that a South
African Citizen does with regards to your ability to work, run a
business or study.
Endorsing a Life Partner Visa
Endorsing a Life Partner Visa
Please note the below information on endorsing a life partner visa
applies to life partner visas that were issued under the new
Immigration rules as of June 2014 and new applications.
These new regulations saw a change in how life partner visas were
named:
• A visa is now for permanent residence.
• A visa is for temporary residence.
Who needs to endorse a life partner visa?
Key here is your status as either a permanent resident or temporary
resident.
• Permanent residence holders (or applicants) needs not apply
for an endorsement and are free to conduct business, work or study
activities with no further permissions from the Department of Home
Affairs.
• Temporary residence holders, or applicants, (now known as a
life partner visa) will need their life partner visa endorsed.
Life Partner - Immigration South Africa
A Life partner visa for South Africa is a form of relatives visa. They
can be applied for by applicants who wish to join either:
• Their partner who is a South African Citizen
• Their partner who is a South African Permanent Resident
It is more and more common for couples to not get married and the
provision of a life partner visa in South Africa’s immigration rules
caters for those in permanent relationships but not spouses.
Need to knows about a Life Partner Visa South Africa
1. With a spousal visa proof of the relationship is easy ` a
marriage certificate. Proving the relationship for a Life partner visa
is not so straight forward. The criteria as laid down by the
Department of Home Affairs specifies “such relationship must be
intended to be permanent, exclude any other person and involve
cohabitation, an obligation of mutual emotional support between the
parties and a reciprocal obligation to support one another financially
…” It therefore follows that the application for a life partner visa
for South Africa focuses on the evidence of this relationship.
2. An application for a Life Partner visa now requires the
applicants to have lived with the South African Citizen or Permanent
Resident for a period of 2 years. If you do not possess this proof you
will need to look at another visa option.
3. Applications for a Life Partner visa can be submitted abroad
in country of origin or the country where you hold residence.
Alternatively, submission can be done in South Africa when one is on a
visitor’s visa (generally issued for 90 days). This is a new
development that came into effect in July 2019.
4. Working on life partner visa is not allowed, nor is running a
business or studying. A life partner visa is purely permission to
enter and stay in South Africa with your South Africa partner.
However, that said, holding a life partner visa, or an entitlement to
apply for it, does provide applicants wishing to undertake some form
of activity with a huge advantage. Applicants may apply for an
endorsement to work, study or run a business rather than make a stand
alone visa application under the specific category i.e. work, business
or study which means meeting far less stringent criteria.
5. The endorsement process for a life partner visa can be applied
for in two ways:- At the time of the application for the life partner
visa- At any time when holding a life partner visa. The right to apply
is of particular importance as many foreign partners have not secured
employment or ‘set in stone’ their plans when making their initial
application. For more details on endorsements to life partner visas
see here.
6. Applications for permanent residence cannot be made on a life
partner visa, but can be on a life partner visa. This is where the
applicant is able to prove that the relationship has been in existence
for a period of 5 years or more.For relationships that are yet to hit
their 5 year anniversary, or lack substantive proof of such, then the
life partner visa is the only option other than assessing their
qualification under another criteria.
It is also worth bearing in mind the processing time for life partner
visa applications for permanent residence. This can take up to 3 years
for the Department of Home Affairs to process. So unless the planned
move to South Africa is made well in advance, there is every
likelihood that even when the permanent residence rules can be met an
application for temporary residence (life partner visa) will also need
to made.
Finding out more about applying for a Life Partner Visa
Summary
• If you are making a life partner visa application (permanent
residence) you do need to concern yourself with endorsing your life
partner visa and are free to carry on your chosen activity with no
further permissions when it is granted.
• If you have a life partner visa or visa on a temporary
residence basis you will need an endorsement.
o Find out more information on endorsing the ‘old life’ partner
visa here.
o Find out more information on endorsing the ‘new’ life partner
visa.
Getting help with your visa or visa application
We welcome the opportunity to consult with you as to your eligibility
for a visa /visa and answer any questions you may have with no
obligation.

www.samigration.com



News Articles

Work Visa for South African Immigration

Source: SA migration, 07/10/2021

Background to Work Visa

South Africa offers a number of options for those who are seeking a
Work Visa for the purposes of South African immigration.
Similar to other countries the Work Visa legislation focuses on two
main areas:
1. The protection of employment opportunities for South Africans
2. The ability to recruit skilled foreign workers into skill
shortage areas or fulfil corporate requirements.
In essence regulations around Work Visas have to provide a balance
between making sure employers recruit local South Africans where
possible, but allow them to recruit workers from abroad where they are
unable to do this.
Types of Work Visa
Broadly speaking there are two types of Work Visa
1. Where the applicant does not have a job offer.
2. Where the applicant has a job offer
Where the applicant requires a work visa and does not have a job
offer:
1. Critical skills work visa ` This visa is based on a well
researched list of occupations that are badly needed in South Africa.
You don’t need a job offer to apply for the visa, and the visa enables
you to enter and stay in South Africa for 12 months to secure a
position
Where the applicant requires a work visa and has a job offer
There exists three options for applying for immigration to South
Africa via a work visa where the applicant has a job offer:
1. An Intra company transfer ` Where the individual is being
transferred from a branch of the company, based outside of South
Africa, to a branch of the company within South Africa. This work visa
can also be applied for by individuals who are employees of sister
companies or companies with a shared interest. The visa allows the
employee to relocate to South Africa and undertake employment for a
certain period of time and only for the specified employer.
2. Corporate work visas ` These can be applied for by
organisations that have a need to recruit a number of foreign staff
over a set period of time. Obtaining a corporate work visa is hugely
beneficial to an organisation. It not only reduces costs, but also
speeds up the work visa application process. The individuals applying
‘under’ the corporate visa do not have to provide for many of the
requirements normally associated with a work visa.
3. General work visa ` Where an individual does not meet the
criteria of any of the above work visas an application would have to
made under the General Work Visa category. According to the South
African Immigration Act, the applicant for a General Work visa has to
provide a conditional offer of employment from a South African based
employer. In addition also documentation, confirming that the employer
has fully endeavoured to employ South African citizens or residents.
Some Frequently asked questions on work visas
Can I apply for Permanent Residency with a work visa?
Obtaining permanent residency via the work visa option inevitably
means first having to not just get temporary residency but also
maintain it for a 5 year period of time. Intra company transfer visa
are not considered within this 5 year rule.
Can my family come with me?
Partners and dependants can accompany holders of work visas. Please
note partners are not allowed to study, work or run a business, they
are simply allowed only to accompany and stay in South Africa. They
may also not be included in permanent residency applications but may
themselves apply at a later time dependent on their relationships with
the permanent resident.
What about my children attending school?
Dependant children can attend a South African school but need to first
obtain a study visa
Critical skills work visa visa for South Africa
Welcome to the critical skills work visa and visa category. For those
potential applicants for a work visa or visa to South Africa, and even
those existing work visa or visa holders, this category of work visa
may well be great news.
Introduced in the new Immigration regulations in June 2014, the
Critical skills work visa and visa saw a refreshingly forward thinking
approach by the Department of Home Affairs to attracting much needed
skills to South Africa and improving the visa and visa application
process.
Some highlights of the critical skills work category include:
• It allows you to get a work visa without a job offer.
• It allows you to enter and stay in South Africa for 12 months
to secure a position.
• Is based on a well researched list of occupations that are
badly needed in South Africa, increasing your chances of finding a
job.
• No restrictions in terms of the numbers in each listed
occupation.
• No department of labour recommendation so quicker turnaround
times.
• Deals with the professional bodies specific to the occupation.
• Can be a pathway to permanent residence immediately as well an
immediate 5 year working visa.
• Qualification for a critical skills visa if you completed a
post graduate (Phd) in South Africa.
• Less obligation on employers.
Both permanent and temporary residency options
A temporary critical skills work visa is issued for a 5 year period of
time. After 5 years you can then apply for permanent residence. Read
more here on the critical skills work visa.
If you already have 5 years experience in your occupation then there
is every chance you can immediately apply for permanent residence as
well. Read more here on the critical skills work visa.
What is the key criteria for a critical skills visa or visa
application?
You must feature on the critical skills list, this is firstly based on
your educational subject and then further broken down into occupations
within these educational areas.
What If I am not on the critical skills list?
There are other visa alternatives that you may qualify for and we
recommend you contact us
Great news I am on the list critical skills!
The best next step is to e-mail us and attach your CV, if you don’t
have a current CV why not call us whatsapp or email us to discuss .
. Intra-company Transfers
An Intra-company transfer is a type of work visa that allows for a
staff member to transfer from an overseas company to a branch,
subsidiary or affiliated business that is operating in South Africa.
Who should apply for an Intra-company transfer work visa?
Ideal for the multi-national company, the Intra-company work visa
(Intra-company transfer) allows for an obvious temporary immigration
route for staff members to South Africa. Employers should however note
that the Intra-company transfer option is only appropriate where the
employee is required in South Africa for a maximum period of a 4
years.
If the employee is required for longer than 4 years, the Intra-company
work visa will not be appropriate and you should view further options
here or you can contact us to discuss your needs.
How long is the Intra-company transfer work visa valid for?
An Intra-company transfer is a temporary work visa only, and as such
its validity period is for a maximum of four years. Please note an
Intra-company transfer work visa cannot be extended.
About applying for an Intra-company transfer work visa
Importantly it should be noted that if a company is transferring an
employee to work at a location in South Africa, you must have an
Intra-company transfer work visa to enter the country. This means that
the Intra-company transfer work visa needs to be applied for outside
of South Africa.
What are the employers responsibilities?
The responsibilities of the employer can be broken down into those
that the company abroad must adhere to and those that the branch,
affiliate or subsidiary in South African must adhere to.
Responsibilities of the South African branch, affiliate or subsidiary
The South African company needs to confirm:
• Acceptance of the transfer of the employee to them in their
capacity as a branch, subsidiary or an affiliate of the company
abroad.
• That the employee will only be employed in the specific
occupation and capacity for which the intra-company transfer work visa
was granted.
• That the foreign employee will at all times comply with the
provisions of the Act and
conditions of their visa.
• That they undertake to immediately notify the Director-General
if the employee does not comply with the provisions of the act or
conditions attached to the visa.
• Any potential deportation costs that maybe associated to the
employee and his or her dependent family members, will be born by the
company should it become necessary.
• That the employee holding the intra-company transfer work visa
will have at all times a valid passport for the duration of his or her
employment;
The South African branch, affiliate or subsidiary also needs to
demonstrate that they have an appropriate plan in place for the
transfer of skills from the Intra-company work visa holder to a South
African citizen or permanent resident holder.
Responsibilities of The South African branch, affiliate or subsidiary
The application will need the company abroad to demonstrate the
following:
• The employees contract of employment (with the company abroad)
is valid for a period of not less than six months.
• Confirmation that the applicant shall be transferred to a
branch, subsidiary or an affiliate of that company in South Africa.
• That the employee will not be staying in South African more
than 4 years.
What you need to apply for an Intra-company Transfer
The application would need to include:
• A completed temporary visa application form.
• A valid passport must with an expiry date no sooner than 30
days after the expiry of your intended visit.
• Proof of financial means to cover living expenses until you
receive a salary in the form of:
o bank statement;
o cash available, or travellers’ cheques.
• A medical and radiological report.
• A vaccination certificate, if required.
• A police clearance is required from every country where you
lived for 12 months or longer since the age of 18 years.
NB ` different consulates and embassies have different requirements
regarding the application content for an Intra-company transfer work
visa. An example of this is that some require a certified copy of the
employee’s birth certificate. Care needs to be taken to ensure that
all information and documentation (as required by the specific
embassy) is included within the application.
Can partners and dependants accompany the employee?
Yes they can. Partners would need to apply for an accompanying visa
whilst dependants of a school age would require a study visa.
Can permanent residency be applied for with an Intra-company transfer
work visa?
No application can be made for permanent residency purely as a result
of holding an intra-company work visa.
That said, applications for permanent residency can be made by those
individuals who have held a work visa for 5 years and the period you
have held an intra-company work visa for counts towards this time
period.
Therefore if you have previously held, or subsequently hold, another
type of work visa for 12 months or more, this combined with 4 years on
an Intra-company work visa would allow for a permanent residency
application.
Work Visa ` General
A General Work Visa South Africa, is one of 5 types of work visa
categories that you can make a work visa application under.
Unlike the others types of work visa, the general work visa requires
that the employer has made every attempt to try to fill their vacant
position with either a South African Citizen or permanent resident.
Below we give you 10 important facts you need to know about a General
Work Visa South Africa.
1. Background to a General Work Visa South Africa:
The whole basis on which general work visa are issued is two fold: To
protect South African labour by ensuring that positions filled by
foreign workers can not be met through locals. To enable companies to
recruit foreign workers where they are unable to locally.
2. Who should apply for a General Work Visa South Africa?
Applicants for a general work visa should first ensure that they do
not meet the qualifying criteria for any of the other work visas. This
can be done by taking advantage of our free assessment. In addition
they shouldn’t be applicants who are being transferred by their
employer from an international branch or whose employer holds a
corporate work visa.
3. Do spouses and partners need to apply for a general work visa?
No general work visa application is required for spouses or partners
of South African citizens or permanent resident holders. The correct
visa application for spouses and partners is a spousal or partner
visa. This visa can then be endorsed to allow the applicant to work
for a specific employer.
4. What is the basic qualifying criteria for a general work visa?
The following will be required for a general work visa application:
• Job offer and acceptance.
• CV.
• Proof of the employer’s attempts to first recruit a South
African permanent resident or citizen for the position.
• SAQA registration, confirming the applicant’s qualifications.
• Proof of good health and character.
5. Where can applications be made?
Applications for a general work visa should be made at the embassy or
in South Africa or consulate in the applicants home country. Renewing
of a general work visa can take place in South Africa.
6. Can spouses and partners of general work visa holders also work?
Only the holder of a general work visa is entitled to work. An
accompanying partner or spouse visa can be applied for but this only
allows for entry and stay in South Africa. Should the spouse or
partner also wish to take up employment they would need to apply for
the appropriate work visa themselves. Also children would need to have
separate applications made for study visa.
7. How long does the application process take?
Time frames for processing general work visa vary greatly. Once the
application has been submitted it generally takes around 8 ` 12 weeks
but delays in this are common. Please note that compiling the
application also takes some time as adverts must be run and SAQA
obtained.
8. How long is a general work visa valid for?
The validity period can vary but is typically between 2 and 4 years.
General work visa can also be extended by a making a further
application towards the existing general work visa expiry date.
9. Can I apply for permanent residency with a general work visa?
The first step is to secure temporary residency and you cannot apply
straight away for permanent residency. However once you have held your
general work visa for a unbroken period of 5 years you may apply for
permanent residency.
10. What comes first the job offer or the work visa?
Prospective immigrants to South Africa are often frustrated as they
attempt to secure jobs. Often employees will not entertain the
prospect of offering positions to foreigners who are not in possession
of a work visa. Some of this is down to not understanding the process.
You can however increase your chances of success. Start the process by
obtaining your SAQA and informing the prospective employer that you
have started the work visa process and retained an immigration company
already.
Working in South Africa: Is SA a good place to work?
Considering living and working in South Africa? Then you probably have
a lot of questions.
It’s quite normal too! After all, you’ll move yourself and perhaps
even a family to a brand-new country. A country that maybe you haven’t
even visited.
To help you get some clarity, we’ve answered seven common questions
around working in South Africa. We also share resources to other
helpful websites at the end of the article.
1. Is South Africa a good place to work?
In our opinion? Yes, South Africa is definitely a good place to work.
Let’s list some reasons for you:
• Many South African employers have shifted to remote work or
hybrid work, where employees work from both the home and the office,
during the COVID-19 pandemic.
• Your rights as an employee are protected by the Basic
Conditions of Employment Act. Under this Act, you’re entitled to,
among other things, annual leave, maternity leave, sick leave, and
family responsibility leave.
• You’ll find many of the world’s top employers in our big
cities. These are companies like Amazon, Deloitte, Google, Microsoft,
Ernest and Young, and General Electric.
• Homegrown South African companies are also great employers!
Five South African companies featured in Forbes’ ranking of the 750
best companies to work for worldwide:
o Aveng (Construction, Oil & Gas Operations, Mining and
Chemicals)
o Discovery Holdings (Banking and Financial Services)
o Old Mutual (Banking and Financial Services)
o Absa Group (Banking and Financial Services)
o Sanlam (Banking and Financial Services)
• Cape Town is one of the world’s most exciting tech cities:
o The Mother City was named one of the 30 best tech cities in
the world in 2019’s Savills Tech Cities Index ` and it was the only
African city on the ranking!
o Cape Town is also considered Africa’s ‘startup capital’. In
2020, a total of USD88 million (roughly R1.2 billion) disclosed
investments were inject into tech start-up in the City of Cape Town
across 46 deals.
• South Africa is one of the most beautiful countries in the
world! With miles of coastline, pristine beaches, mountains, wine
routes (yes, plural), nature reserves and more we really have it all.
You’ll hardly have reason to leave the country!
2. Can foreigners work in South Africa?
Yes, foreigners can work in South Africa ` if you hold a visa that
allows you to do so. These are the visas that allow you to work in
South Africa:
Critical Skills Work Visa
The Critical Skills Work Visa enables foreign nationals who meet the
requirements of the critical skills list to work in South Africa. You
don’t need to have a job to apply for a Critical Skills Work Visa but
once you have your visa, you have to find employment within 12 months.
General Work Visa
This work visa enables foreign nationals to work in South Africa but
it has strict requirements. The most important of those criteria are
the following:
• The employer must be able to prove that they advertised the
position you want to fill and that they could not find a South African
citizen or permanent resident for the position.
• You must have a formal job offer from a South African employer
to apply for a General Work Visa.
Intra-company Transfer Work Visa
The Intra-company Transfer Work Visa enables a multinational company
overseas to send staff to a branch, subsidiary or affiliate in South
Africa. Your employer must apply for this visa.
Corporate Visa
The Corporate Visa is for South African registered companies or
branches and it offers the possibility to employ great numbers of
employees from abroad for a limited time, all under the remit of one
application.
Exchange Visa
If you’re under the age of 25, you can apply for an Exchange Visa to
work in South Africa. It’s a great way to test the waters, so to
speak.
Of course the Exchange Visa does have conditions:
• You may only work in South Africa for up to one year
• You may only work for the company listed on your visa
Spousal and Life Partner Visas
The Spousal and Life Partner Visas aren’t strictly speaking work visas
but you can work in South Africa with an endorsement on your Spousal
or Life Partner Visa.
3. Is it hard to find work in South Africa?
Let’s not beat around the bush ` South Africa’s unemployment rate is
high. There are literally millions of people without jobs at the
moment.
However, we’d hazard a guess and say a large portion of South Africa’s
unemployed are experienced in ‘general jobs’. In other words,
occupations where it’s extremely difficult for a foreign national to
get a work visa.
The flipside of the coin is that many skilled people are emigrating.
These professionals leaving create gaps in our labour force in areas
where South Africa is actively recruiting from overseas using the
critical skills list.
Let’s also keep in mind that the Critical Skills Work Visa and the
General Work Visa often take months to finalise. Unfortunately,
employers aren’t always willing to wait that long for an employee.
Our advice is to search for South African recruitment agencies who are
familiar with assisting overseas job applicants. You could also use
your network to find South African companies who are comfortable with
employing candidates from overseas. Your third solution could be to
ask for a transfer if your employer has a branch in South Africa.
4. What are the most common jobs in South Africa?
The most common jobs in South Africa are not necessarily what will
lead to a successful visa application for you as a foreign national.
You must instead look at what sectors drives South Africa’s economy.
It is in those sectors where you’ll find many of South Africa’s
critical skills:
South Africa’s key economic sectors
The most significant contributors to South Africa’s economy are:
• Mining
• Finance
• Trade
• Transport and Communication
• Personal Services
• Manufacturing
• Government
• Construction
What about South Africa’s fastest growing industries?
It could indeed also be worthwhile to check out South Africa’s fastest
growing industries. The demand for talent in these industries might
outstrip the supply.
In 2021, these 10 sectors are outshining the rest in South Africa:
1. Finance and banking sector
2. Communications and information technology
3. Transport and logistics sector
4. Mining industry
5. Agriculture and agro-processing
6. Pharmaceuticals and healthcare sector
7. Insurance sector
8. Real estate sector
9. Automobile sector
10. Fashion and beauty sector
If you’re an entrepreneur in one of these sectors, you can run a
business in South Africa with a Business Visa.
5. What jobs are in demand in South Africa?
For the answer to this question, as a foreign national looking to work
in SA, you must again look to the critical skills list.
This list contains over 100 occupations across 12 industries and
categories. Each of these occupations, industries and categories have
been given the green light by the Department of Home Affairs because
there aren’t enough local suitable candidates.
And, as explained earlier, if you meet the requirements of the
critical skills list, you’ll be eligible to apply for a Critical
Skills Work Visa.

www.samigration.com



News Articles

Retirement - South Africa: FAQ

Source: Sa Migration, 07/10/2021

Considering retiring to South Africa? Then you’re at the right place! You’ll find all the information you need on this page. We’re discussing:
1. The South African Retired Visa and its criteria
2. How to transfer money to and from South Africa
3. Finding and buying a home in South Africa
4. South African healthcare
1. The South African Retired Visa
The South African Retired Visa lets foreign nationals like yourself spend their retirement years in South Africa.
Not ready to make a permanent move? You don’t have to. You could also only spend part of the year in South Africa if you so choose.
And here’s more good news ` the South African retirement visa has no age restrictions. You can thus apply for this visa at any age.
What are the Retired Visa requirements?
When you hold a Retired Visa, you’re in South Africa as a retiree. As a retiree, you won’t be allowed to work or run a business in SA ` activities that would normally be a source of income.
For this reason, the Department of Home Affairs wants to see that you’re able to support yourself financially while living in South Africa.
What are the funds I must prove?
For the Retired Visa, you must be able to prove a monthly income of R37,000. This R37,000 must be available for each month that your visa is valid.
Usually, a Retired Visa is issued for up to four years, which means you must have at least R37,000 x 48 (48 months in 4 years) available.
That means a total of R1,776,000.
How do I prove my monthly income?
Your income can be from:
• Cash or cash equivalents;
• Cash income generated by capital asset(s), like rental income or pension;
• Or a combination of both.
Can my spouse or life partner join me in SA?
Yes, your spouse or life partner are allowed to join you in South Africa. Your husband, wife or partner can do one of two things:
1. Apply for an accompanying spousal or life partner visa, with you as the main Retired Visa applicant.
2. Apply for their own Retired Visa. Your husband, wife, or life partner will thus have to meet all of the Retired Visa’s requirements, including the financial criteria as explained above.
What if I can’t meet the financial requirements?
If you can’t meet the financial criteria of the Retired Visa, you could apply for a Financially Independent Permit. Instead of having to prove a monthly income, you need to show a net worth of R12 million.
You’ll also have to pay the Department of Home Affairs a once-off fee of R120,000 if you’re permit is granted. The upside is that you get permanent residency straight away with the Financially Independent Permit.
2. Transferring money to South Africa
You’ll usually have two options when transferring money to South Africa:
1. Using your local bank
2. Using a money transfer company
Our advice? Use a South African money transfer company. The reason being that a South African money transfer is familiar with our foreign exchange control regulations.
What is ‘foreign exchange control regulations’?
South Africa’s foreign exchange control regulations control the flow of money into and out of South Africa ` and makes transferring money tricky!
The aim of these regulations, according to the South African Reserve Bank, is to:
• prevent the loss of foreign currency resources through the transfer abroad of real or financial capital assets held in South Africa,
• effectively control the movement of financial and real assets into and out of South Africa; and
• avoid interfering with the efficient operation of the commercial, industrial and financial system.
Why is it important to adhere to South Africa’s control exchange regulations?
Because if you don’t, it might have serious repercussions later on. For instance, if you fail to follow the correct processes and procedures when transferring your money to South Africa, you may incur a 10% ‘fee’ on currency transfers out of SA. In extreme cases, you may not be able to repatriate your funds out of South Africa.
3. Finding and buying a home in South Africa
You are spoilt for choice in South Africa! You can choose to stay in leafy suburbs, overlooking the ocean, in the heart of the city, or in the countryside.
To find the perfect home you can visit any of these prominent real estate websites:
• Property24
• Private Property
• IOL Property
Each of these sites list properties ranging from homes to small holdings that are for sale or to rent.
What about retirement villages?
South Africa does have retirement villages. Retirement villages are not old age homes! Instead they are purpose-built communities for retirees. The focus is on lifestyle as much as on accommodation. You’ll find amenities such as medical and dental clinics, housekeeping services, and spa and gym facilities at many retirement villages.
You choice of housing typically range from apartments and townhouses to villas.
Furthermore, you can choose to purchase a sectional title, buy into a share block scheme or purchase life rights. Each of these options operate on a different purchase and ownership system. You can read more about all three options here.
4. South African healthcare
South Africa offers private and public healthcare options.
Our public healthcare system is equipped to deal with any illness or emergency. Unfortunately, many South African public hospitals are under-staffed, under-resourced, and in disrepair.
This makes private healthcare the preferred choice for many South Africans. This is despite the fact that private healthcare is more expensive than public healthcare.
To access private healthcare, you’ll have to join a medical aid. Some of the top medical aid schemes in South Africa are:
• Bonitas
• Discovery Health
• Liberty Health
• Medihelp
• Momentum Health
Whichever scheme you decide on, you’ll be able to choose from a variety of options within each scheme. These options range from:
• Basic hospital plans ` that only cover you while in hospital; to
• High-end plans ` that pay for out-of-hospital expenses including doctors, dentists, certain specialists and medication.
Trying to understand all the information on medical aid schemes can be difficult and confusing, so we recommend speaking to a medical aid broker.
Quick questions:
How do you register with a doctor or dentist in South Africa?
All you have to do is call to make an appointment. You’ll complete a registration form at the time of your appointment. This will be kept on file. You are under no obligation however to stay with the particular doctor or dentist should you want to use another one.
What does it typically cost to visit a doctor?
Prices vary, but a GP visit could cost anywhere from R350 to R500 or more. Rates are usually higher if your visit are over weekends or during the evening.
What is the main difference between obtaining medical aid from a local provider as opposed to an overseas one?
Mostly the cost factor. Overseas cover comes at a far higher price. That said, the overseas cover is likely to cover more than South African options. You’ll have to decide which option suits your lifestyle and pocket best.
Contact us to find out if you qualify for a Retired Visa
www.samigration.com



News Articles

Retirement - South Africa: FAQ

Source: Sa Migration, 07/10/2021

Considering retiring to South Africa? Then you’re at the right place! You’ll find all the information you need on this page. We’re discussing:
1. The South African Retired Visa and its criteria
2. How to transfer money to and from South Africa
3. Finding and buying a home in South Africa
4. South African healthcare
1. The South African Retired Visa
The South African Retired Visa lets foreign nationals like yourself spend their retirement years in South Africa.
Not ready to make a permanent move? You don’t have to. You could also only spend part of the year in South Africa if you so choose.
And here’s more good news ` the South African retirement visa has no age restrictions. You can thus apply for this visa at any age.
What are the Retired Visa requirements?
When you hold a Retired Visa, you’re in South Africa as a retiree. As a retiree, you won’t be allowed to work or run a business in SA ` activities that would normally be a source of income.
For this reason, the Department of Home Affairs wants to see that you’re able to support yourself financially while living in South Africa.
What are the funds I must prove?
For the Retired Visa, you must be able to prove a monthly income of R37,000. This R37,000 must be available for each month that your visa is valid.
Usually, a Retired Visa is issued for up to four years, which means you must have at least R37,000 x 48 (48 months in 4 years) available.
That means a total of R1,776,000.
How do I prove my monthly income?
Your income can be from:
• Cash or cash equivalents;
• Cash income generated by capital asset(s), like rental income or pension;
• Or a combination of both.
Can my spouse or life partner join me in SA?
Yes, your spouse or life partner are allowed to join you in South Africa. Your husband, wife or partner can do one of two things:
1. Apply for an accompanying spousal or life partner visa, with you as the main Retired Visa applicant.
2. Apply for their own Retired Visa. Your husband, wife, or life partner will thus have to meet all of the Retired Visa’s requirements, including the financial criteria as explained above.
What if I can’t meet the financial requirements?
If you can’t meet the financial criteria of the Retired Visa, you could apply for a Financially Independent Permit. Instead of having to prove a monthly income, you need to show a net worth of R12 million.
You’ll also have to pay the Department of Home Affairs a once-off fee of R120,000 if you’re permit is granted. The upside is that you get permanent residency straight away with the Financially Independent Permit.
2. Transferring money to South Africa
You’ll usually have two options when transferring money to South Africa:
1. Using your local bank
2. Using a money transfer company
Our advice? Use a South African money transfer company. The reason being that a South African money transfer is familiar with our foreign exchange control regulations.
What is ‘foreign exchange control regulations’?
South Africa’s foreign exchange control regulations control the flow of money into and out of South Africa ` and makes transferring money tricky!
The aim of these regulations, according to the South African Reserve Bank, is to:
• prevent the loss of foreign currency resources through the transfer abroad of real or financial capital assets held in South Africa,
• effectively control the movement of financial and real assets into and out of South Africa; and
• avoid interfering with the efficient operation of the commercial, industrial and financial system.
Why is it important to adhere to South Africa’s control exchange regulations?
Because if you don’t, it might have serious repercussions later on. For instance, if you fail to follow the correct processes and procedures when transferring your money to South Africa, you may incur a 10% ‘fee’ on currency transfers out of SA. In extreme cases, you may not be able to repatriate your funds out of South Africa.
3. Finding and buying a home in South Africa
You are spoilt for choice in South Africa! You can choose to stay in leafy suburbs, overlooking the ocean, in the heart of the city, or in the countryside.
To find the perfect home you can visit any of these prominent real estate websites:
• Property24
• Private Property
• IOL Property
Each of these sites list properties ranging from homes to small holdings that are for sale or to rent.
What about retirement villages?
South Africa does have retirement villages. Retirement villages are not old age homes! Instead they are purpose-built communities for retirees. The focus is on lifestyle as much as on accommodation. You’ll find amenities such as medical and dental clinics, housekeeping services, and spa and gym facilities at many retirement villages.
You choice of housing typically range from apartments and townhouses to villas.
Furthermore, you can choose to purchase a sectional title, buy into a share block scheme or purchase life rights. Each of these options operate on a different purchase and ownership system. You can read more about all three options here.
4. South African healthcare
South Africa offers private and public healthcare options.
Our public healthcare system is equipped to deal with any illness or emergency. Unfortunately, many South African public hospitals are under-staffed, under-resourced, and in disrepair.
This makes private healthcare the preferred choice for many South Africans. This is despite the fact that private healthcare is more expensive than public healthcare.
To access private healthcare, you’ll have to join a medical aid. Some of the top medical aid schemes in South Africa are:
• Bonitas
• Discovery Health
• Liberty Health
• Medihelp
• Momentum Health
Whichever scheme you decide on, you’ll be able to choose from a variety of options within each scheme. These options range from:
• Basic hospital plans ` that only cover you while in hospital; to
• High-end plans ` that pay for out-of-hospital expenses including doctors, dentists, certain specialists and medication.
Trying to understand all the information on medical aid schemes can be difficult and confusing, so we recommend speaking to a medical aid broker.
Quick questions:
How do you register with a doctor or dentist in South Africa?
All you have to do is call to make an appointment. You’ll complete a registration form at the time of your appointment. This will be kept on file. You are under no obligation however to stay with the particular doctor or dentist should you want to use another one.
What does it typically cost to visit a doctor?
Prices vary, but a GP visit could cost anywhere from R350 to R500 or more. Rates are usually higher if your visit are over weekends or during the evening.
What is the main difference between obtaining medical aid from a local provider as opposed to an overseas one?
Mostly the cost factor. Overseas cover comes at a far higher price. That said, the overseas cover is likely to cover more than South African options. You’ll have to decide which option suits your lifestyle and pocket best.
Contact us to find out if you qualify for a Retired Visa
www.samigration.com



News Articles

More than 300 000 people in UK could head to SA after red-list removal

Source: Find 24, 08/10/2021

vaccinated travellers will resume on 11 October between the UK
• main inbound tourism industry body says there was an immediate jump in enquiries from UK travellers after the announcement that the country will be removed from the UK red list.
• The UK government announced that quarantine-free travel between that country and South Africa will resume on 11 October, and SA vaccine certificates will also be regarded as valid proof of vaccination.
• The CEO of the Tourism Business Council of SA urged all workers in the tourism industry to get vaccinated.
More than 300 000 British passport holders could visit friends and family or take advantage of holiday deals across southern Africa after the UK revised its travel red list, according to an estimate from South Africa’s main inbound tourism industry body.
On Thursday, the UK scrapped tough Covid-19 quarantine travel rules for 47 destinations, including South Africa.
The Southern Africa Tourism Services Association (Satsa), which represents 1 350 businesses, said UK operators had already seen a jump in enquiries from `sun-starved Brits looking for a winter escape`, just after the announcement.
The UK has traditionally been South Africa`s biggest source of international tourists, and the local economy lost an estimated R790 million per month while the country was on the red list.
The UK started to imposed travel restrictions on South Africa in December last year, and Thursday`s announcement followed months of lobbying, including a call from President Cyril Ramaphosa to UK Prime Minister Boris Johnson.
`We do want to thank the president, the minister of tourism, the minister of international relations and everybody else who has worked on this from the public sector, for the work that they have done. It wouldn’t have happened if they didn’t get involved,` CEO of the Tourism Business Council of SA Tshifhiwa Tshivhengwa said.
He told Fin24 that people working in the tourism value chain now need to be vaccinated and protocols should be followed to avoid incidents that may tarnish the work done to get South Africa off the list.
Cape Town’s mayoral committee member for economic opportunities and asset management, James Vos, said the city is ready for British travellers. He plans to contact the Britain’s High Commissioner and Consul General to discuss the city’s plans to attract international travellers.
Vos also appealed to the government to implement a remote worker visa, saying Cape Town is a favourite location for `digital nomads` with high incomes, and asked the government to approve Delta Airlines’ request to fly to Cape Town.
Quarantine-free travel for vaccinated travellers will resume on 11 October between the UK and South Africa. South Africa is one of the 47 countries the UK is removing from the red list. Only seven destinations - Colombia, Dominican Republic, Ecuador, Haiti, Panama, Peru and Venezuela - remain on the red list.
`From 04:00 [on] Monday, 11 October, eligible travellers vaccinated in over 37 new countries and territories including Brazil, Ghana, Hong Kong, India, Pakistan, South Africa and Turkey, will also be treated the same as returning fully vaccinated UK residents, so long as they have not visited a red list country or territory in the 10 days before arriving in England,` said Transport Secretary Grant Shapp.
www.samigration.com



News Articles

More than 300 000 people in UK could head to SA after red-list removal

Source: Find 24, 08/10/2021

vaccinated travellers will resume on 11 October between the UK
• main inbound tourism industry body says there was an immediate jump in enquiries from UK travellers after the announcement that the country will be removed from the UK red list.
• The UK government announced that quarantine-free travel between that country and South Africa will resume on 11 October, and SA vaccine certificates will also be regarded as valid proof of vaccination.
• The CEO of the Tourism Business Council of SA urged all workers in the tourism industry to get vaccinated.
More than 300 000 British passport holders could visit friends and family or take advantage of holiday deals across southern Africa after the UK revised its travel red list, according to an estimate from South Africa’s main inbound tourism industry body.
On Thursday, the UK scrapped tough Covid-19 quarantine travel rules for 47 destinations, including South Africa.
The Southern Africa Tourism Services Association (Satsa), which represents 1 350 businesses, said UK operators had already seen a jump in enquiries from `sun-starved Brits looking for a winter escape`, just after the announcement.
The UK has traditionally been South Africa`s biggest source of international tourists, and the local economy lost an estimated R790 million per month while the country was on the red list.
The UK started to imposed travel restrictions on South Africa in December last year, and Thursday`s announcement followed months of lobbying, including a call from President Cyril Ramaphosa to UK Prime Minister Boris Johnson.
`We do want to thank the president, the minister of tourism, the minister of international relations and everybody else who has worked on this from the public sector, for the work that they have done. It wouldn’t have happened if they didn’t get involved,` CEO of the Tourism Business Council of SA Tshifhiwa Tshivhengwa said.
He told Fin24 that people working in the tourism value chain now need to be vaccinated and protocols should be followed to avoid incidents that may tarnish the work done to get South Africa off the list.
Cape Town’s mayoral committee member for economic opportunities and asset management, James Vos, said the city is ready for British travellers. He plans to contact the Britain’s High Commissioner and Consul General to discuss the city’s plans to attract international travellers.
Vos also appealed to the government to implement a remote worker visa, saying Cape Town is a favourite location for `digital nomads` with high incomes, and asked the government to approve Delta Airlines’ request to fly to Cape Town.
Quarantine-free travel for vaccinated travellers will resume on 11 October between the UK and South Africa. South Africa is one of the 47 countries the UK is removing from the red list. Only seven destinations - Colombia, Dominican Republic, Ecuador, Haiti, Panama, Peru and Venezuela - remain on the red list.
`From 04:00 [on] Monday, 11 October, eligible travellers vaccinated in over 37 new countries and territories including Brazil, Ghana, Hong Kong, India, Pakistan, South Africa and Turkey, will also be treated the same as returning fully vaccinated UK residents, so long as they have not visited a red list country or territory in the 10 days before arriving in England,` said Transport Secretary Grant Shapp.
www.samigration.com



News Articles

More than 300 000 people in UK could head to SA after red-list removal

Source: Find 24, 08/10/2021

vaccinated travellers will resume on 11 October between the UK
• main inbound tourism industry body says there was an immediate jump in enquiries from UK travellers after the announcement that the country will be removed from the UK red list.
• The UK government announced that quarantine-free travel between that country and South Africa will resume on 11 October, and SA vaccine certificates will also be regarded as valid proof of vaccination.
• The CEO of the Tourism Business Council of SA urged all workers in the tourism industry to get vaccinated.
More than 300 000 British passport holders could visit friends and family or take advantage of holiday deals across southern Africa after the UK revised its travel red list, according to an estimate from South Africa’s main inbound tourism industry body.
On Thursday, the UK scrapped tough Covid-19 quarantine travel rules for 47 destinations, including South Africa.
The Southern Africa Tourism Services Association (Satsa), which represents 1 350 businesses, said UK operators had already seen a jump in enquiries from `sun-starved Brits looking for a winter escape`, just after the announcement.
The UK has traditionally been South Africa`s biggest source of international tourists, and the local economy lost an estimated R790 million per month while the country was on the red list.
The UK started to imposed travel restrictions on South Africa in December last year, and Thursday`s announcement followed months of lobbying, including a call from President Cyril Ramaphosa to UK Prime Minister Boris Johnson.
`We do want to thank the president, the minister of tourism, the minister of international relations and everybody else who has worked on this from the public sector, for the work that they have done. It wouldn’t have happened if they didn’t get involved,` CEO of the Tourism Business Council of SA Tshifhiwa Tshivhengwa said.
He told Fin24 that people working in the tourism value chain now need to be vaccinated and protocols should be followed to avoid incidents that may tarnish the work done to get South Africa off the list.
Cape Town’s mayoral committee member for economic opportunities and asset management, James Vos, said the city is ready for British travellers. He plans to contact the Britain’s High Commissioner and Consul General to discuss the city’s plans to attract international travellers.
Vos also appealed to the government to implement a remote worker visa, saying Cape Town is a favourite location for `digital nomads` with high incomes, and asked the government to approve Delta Airlines’ request to fly to Cape Town.
Quarantine-free travel for vaccinated travellers will resume on 11 October between the UK and South Africa. South Africa is one of the 47 countries the UK is removing from the red list. Only seven destinations - Colombia, Dominican Republic, Ecuador, Haiti, Panama, Peru and Venezuela - remain on the red list.
`From 04:00 [on] Monday, 11 October, eligible travellers vaccinated in over 37 new countries and territories including Brazil, Ghana, Hong Kong, India, Pakistan, South Africa and Turkey, will also be treated the same as returning fully vaccinated UK residents, so long as they have not visited a red list country or territory in the 10 days before arriving in England,` said Transport Secretary Grant Shapp.
www.samigration.com



News Articles

Matriculant petitions for stateless youths to get into universities

Source: Groundup, 08/10/2021

She is among many South African-born children with immigrant parents struggling to get identification documents
• A Cape Town matriculant has started to petition the Department of Home Affairs to make special provisions for children born in South Africa with immigrant parents to apply for identity documents.
• She has collected over 25,000 signatures to date.
• The matriculant has been struggling to submit online applications to universities across the country because she does not have an ID or passport number.
• She has been advised to contact the representing body, Universities South Africa, for assistance.
A Cape Town matriculant has started a petition, calling for the Department of Home Affairs to make special provisions for children born in South Africa with immigrant parents to apply for identity documents. At the time of publication, the petition had more than 25,000 signatures.
Karolyn Mujinga is among scores of South African-born children of immigrants who are struggling to enrol in tertiary institutions and to access funding to further their studies. With the refugee reception centres still closed, many young people have been left in limbo and are unable to apply for citizenship or identity documents.
Mujinga, 18, was born in Cape Town and has lived in South Africa all her life. Her mother is originally from Congo.
“When I was applying to university, most did not have provision for refugee applicants or asylum seeker students. It’s like we don’t even exist. I couldn’t use my birth certificate because there’s no ID number,” she said.
Mujinga tried applying online to the University of Johannesburg, University of Pretoria, Wits University, University of Cape Town, and Nelson Mandela University, where she hoped to study Law, Chemical and Mechanical Engineering.
She said most of the institutions’ websites would only give the option to select, “South African citizen, permanent resident, or international student to use with a passport number”.
Mujinga said although she was able to enrol at school, she could not apply for funding or bursaries. “It’s quite disheartening when most of the bursaries are just for South African citizens. There needs to be at least something where 20% of the students they accept are refugees and asylum seekers, and 80% are South Africans,” she said.
“When you step into primary school, you believe that you are all equal. You believe that when you leave high school, you’ll leave with a choice on whether to study further, take a gap year or work. But for most immigrants, it isn’t a choice,” she said.
In December 2019, a ruling by the Makhanda High Court on the Admission of Learners to Public Schools stated that all children must be conditionally admitted to school while parents try to get documents. But for many refugee and immigrant children, the process has not been as simple, with many being unable to access state schools.
Lawyers for Human Rights legal researcher Tshegofatso Mothapo said although the law provides for a provisional admission to school, it has “proven to be a barrier for children of refugees, asylum seekers, undocumented South Africans, undocumented or migrants, and those with stateless parents because they are unable to furnish documents such as birth certificates”.
“There is a misconception by school administrators that a handwritten birth certificate often presented by learners whose parents are non-nationals is not legitimate proof of documentation. When it in actual fact is,” she said.
The Department of Basic Education also released a directive in July 2019 informing schools that it is unlawful to turn away undocumented learners, however, many refugee and migrant children are still unable to access state schools.
Mothapo said several schools might not have received the circular or heard of the judgment, and have continued operating on the basis that a parent must present an official birth certificate of the learner when applying for admission to a state school.
She said another delay is that the online platform to register children does not allow registration without school administrators uploading documentation. “It seems the DBE has not put measures in place to ensure the registration of undocumented learners takes place on the online platform, resulting in learners being turned away.”
CEO and spokesperson of Universities South Africa (USAf) ` the representative body of South Africa’s public universities ` Professor Ahmed Bawa said provision is available to immigrant learners wanting to apply to tertiary institutions.
“All immigrant students must apply to the Matriculation Board at Universities South Africa for the appropriate recognition and the issuing of the Matriculation Exemption to be considered for university entrance,” he said.
The Matriculation Board will then evaluate exemptions based on the qualifications presented and not the country of residence, said Bawa. He said there were currently no substantial delays or backlogs in the Matriculation Board system.
www.samigration.com



News Articles

Section 10 of Births and Deaths Registration Act `impairs dignity of unmarried fathers` - ConCourt

Source: News24, 08/10/2021

Section 10 of Births and Deaths Registration Act has been declared unconstitutional.
• The Constitutional Court has declared a section of the Births and Deaths Registration Act unconstitutional.
• The section does not allow an unmarried father to register his child`s birth under his surname, unless the mother gives consent or is present.
• A ConCourt judge says there is no justification for differentiating between married and unmarried fathers.
The Constitutional Court has declared section 10 of the Births and Deaths Registration Act - which does not allow an unmarried father to register his child`s birth under his surname, unless the mother is present or gives consent - unconstitutional.
In a judgment by Justice Margaret Victor on Wednesday, which was read out by Justice Steven Majiedt, the court found there was no justification for differentiating between married and unmarried fathers.
`Section 10 of the act impairs the dignity of unmarried fathers, whose bonds with their children are deemed less worthy than the children of married parents,` Majiedt said.
The apex court confirmed a 2020 ruling by the Eastern Cape High Court, which found the act invalid and inconsistent.
Father Menzile Lawrence Naki approached the court after the Department of Home Affairs refused to register his child under his surname because the mother was an undocumented Democratic Republic of Congo national.
Consent
The department would also not allow him to register the birth, without the mother`s consent.
Chief Justice Mogoeng Mogoeng was one of two dissenting justices. He acknowledged that the act discriminated against unmarried fathers, but held the discrimination was reasonable, justifiable and fair.
`The chief justice holds that children are vulnerable and their best interests are of paramount importance in issues that concern them have to be addressed.
`The chief justice further reasons that they must be protected and not exposed to the risks of being easily claimed and adopted by people, whose relationship with them or subsequently to be in their lives, has been established,` said Majiedt.
www.samigration.com



News Articles

Business Startup as a foreigner South Africa

Source: Sa Migration, 13/10/2021

Business Startup as a foreigner South Africa
Starting a business as a foreigner in South Africa can be an arduous task without enlisting professional help. There are a number of ‘hoops’ that must be circumvented and the process can be time consuming and a distraction from the all important task of establishing your business.
At SA Migration Immigration we have assisted hundreds of entrepreneurs with their ambition to create a business in South Africa and are able to boast of an unrivalled track record of success, all based on what we believe to be the most comprehensive service available.
Below we detail the important aspects of starting a business as a foreigner in South Africa but if you prefer to talk to a human being to discuss your needs, feel free to call us on any our contact numbers
Where to begin with starting a business as a foreigner in South Africa
Importantly and before you commit time and money, you should have an assessment of your circumstances and requirements carried out. Assessments, as with ourselves, should be free of charge and carry no obligation.
Very often, and understandably, people source information on the obvious, in this case the business . There is however a real alternative that should be considered, if for no other reason to ensure you have made an informed decision.
Below we look at the two routes for starting a business as a foreigner in South Africa and discuss the merits and pitfalls of each.
The different ’s for starting a business as a foreigner in South Africa
In order to be able to set up, invest into and work within a business in South Africa as an immigrant there are two types of you can apply for:
1. Business ` Traditionally, for anyone starting a business as a foreigner in South Africa this category has been the most recommended.
2. Independent Financial Visa ` A very underused Visa category that allows for the holder to commence a business, but also offers a host of other benefits over the business route.
Who can apply?
Business are for those individuals seeking to invest in a business, or an existing start up, and who will be working within the business.
The Independent Financial skills Visa is a Visa that is not restricted to a certain economic activity. As such it allows the holder total freedom to invest into a business, whether they will be working in it or not. There is also no obligation to invest, or start a business. In short the holder of the Independent Visa is free to make their own decision as to whether they run a business, work or even retire.
Must there be local ownership?
No a business can be owned and run with 100% foreign ownership. However for those with a local partner this is also fine. This applies to both the business and independent financially independent.
Can I buy into or outright an existing business?
Yes, which ever Visa or category you select you can do either or indeed set up one from scratch.
Is there a minimum shareholding a foreigner must own?
As a business holder you will need to typically own in excess of 25% of the business. A Financially Independent Visa holder has no restrictions.
Is there a minimum amount of investment required?
For business holders you need to invest ZAR 5 million into the business unless you qualify for a waiver.
You can read more about the minimum investment amount below .
Investment Waiver Business Application
The normal requirement for a business dictates a cash investment of R5 million rand or capital equivalent (in the form of new machinery or equipment.
Certain business types can however apply for a waiver to reduce this stipulated investment amount.
The process for applying for a business waiver will mean the formation and presentation of a business plan. The business waiver application will be judged on the various factors in this business plan including:
• Contribution to economy.
• Feasibility of business.
• Jobs created for South African citizens or permanent residency holders.
• Desirability of the business.
Most importantly, the business waiver application, will have to demonstrate that the business fits into one of the below categories.
Business waiver applications that may apply for a waiver (by category)
Agro-processing
• Fisheries and aquaculture i.e. freshwater aquaculture and marine culture
• Food processing in the milling and baking industries
• Beverages viz. fruit juices and the local beneficiation, packaging and export of indigenousteas
• High value natural fibres viz., organic cotton and downstream mohair production
• High value organic food for the local and export market
• Biofuels production viz. bioethanol and biogas
• Processing of seed oils: tea extracts, including buchu, honeybush: and other oil derivatives(avocado, amarula etc.)
• Diversification / beneficiation of biomass sources i.e. sugar, maize
Business Process Outsourcing and IT Enabled Services
• Call centers
• Back Office Processing
• Shared Corporate Services
• Enterprise solutions e.g. fleet management and asset management
• Legal process outsourcing
Capital / Transport equipment, metals and electrical machinery and apparatus
• Basic iron and steel
• Basic precious and non-ferrous metals
• Casting of metals
• Other fabricated metal products: metalwork service activities
• General purpose machinery
• Tooling manufacturing
• Foundries
• Electric motors, generators and transformers
• Electricity distribution and control apparatus
• Insulated wire and cable
• Accumulators, primary cells and primary batteries
• White goods and associated components
Electro Technical
• Advanced telecommunications
• Software development
• Software and mobile applications
• Smart metering
• Embedded software
• Radio frequency identifications
• Process control, measurement and instrumentation
• Security and monitoring solutions
• Financial software
• Manufacturing sensors
• Digital TV and Set Top Boxes due to migration to full digital television
Textile, Clothing and Leather
• Spinning, weaving and finishing of textiles
• Knitted and crocheted fabrics and articles
• Wearing apparel except fur apparel
• Dressing and dying of fur
• Leather skins and hides beneficiation
• Consumer goods
• White goods and associated components
Boatbuilding
Boatbuilding and associated services industry
• Engines and engine systems
• Marine equipment and accessories
Pulp, paper and Furniture
• Manufacture of wood and products of wood and cork
• Manufacture of articles of straw and plaiting materials
• Manufacture of paper products: publishing, printing and reproduction
• Paper and paper products and furniture
Automotives and Components
• Engines, radiators, filters and components thereof
• Air conditioners / climate control systems
• Alarms and Tracking devices
• Axles, transmission shafts
• Body parts and panels
• Catalytic converters, silencers and exhaust systems and components
• Seats and parts thereof, seatbelts, leather covers
• Suspension and shock absorbers, springs and parts thereof
• Steering wheels, columns and boxes
• Ignition, starting equipment, gauges and instrument parts
• Lighting equipment
• Wiring harnesses, instrument panels vehicle interiors, electronic drive train components,
• Body parts
Green Economy Industries
Power generation:
• Independent power generation, energy infrastructure and alternative energy
• Nuclear Build Programme i.e. joint ventures, consortiums and the establishment of new companies to grow South Africa’s nuclear manufacturing capability and nuclear supply industry to supply into the nuclear build programme
Renewable Energy:
• Onshore wind power ` manufacture of turbines/blades
• Solar PV and Concentrated Solar Power manufacture/assembly
• Biomass
• Small hydro
• Energy efficiency and energy saving industries
• Solar water heaters
• Waste Management and Recycling
• Reducing landfill
• Lowering greenhouse gas emis
• sions from landfill sites
Advanced Manufacturing
• Nano-materials
• High performance materials based on natural resources (advanced bio-compositesAdvanced materials, polymers and composites
• Medical devices, diagnostics and composites
• Space e.g. satellite manufacturers etc. and astronomy e.g. SKA, telescopes, dishes etc.
• Composites (intelligent textiles used in medical, building and construction industries)
• Continuous fibre reinforced thermoform composites
• Biochemical and biologics for applications in agriculture, industry and health/medicalsectors
• Electricity demand Site Management Solutions to improve electricity efficiency usage
• Lasers and laser-based additive manufacturing various applications
• Advanced Robotics Mobile Intelligent Autonomous Systems
• Applications in the mining industry, data collection and analysis
• Bio ` manufacturing ` Biochemical and biologics for applications in agriculture, industryand health/medical
• Fuel cells and Technology
Tourism infrastructure
• Accommodation ` hotels, boutique hotels, lodges and resorts
• Urban integrated tourism/ entertainment precincts
• Adventure, ` eco-, sport-, conference- and cultural tourism
• Infrastructure developments
• Leisure complexes and world class golf courses
• Harbour and waterfront developments
• Trans frontier conservations areas
• Tourism transport ` aviation, rail, cruise liners etc.
• green building and green technologies for tourism attractions and activity ` based tourism, museums and heritage
Chemicals, plastic fabrication and pharmaceuticals
• Basic chemicals
• Water treatment chemical products
• Man-made fibres
• Plastic products: polypropylene and polyvinculchloride
• Medical (drips and syringes), manufacture of active pharmaceutical ingredient
• (APIs) for key anti-retrovirals (ARVs)Manufacture of reagents for AIDS/HIV diagnostics
• Production of vaccines and biological medicines
Creative and Design Industry
• Film studios, treaty film co-production ventures, distribution infrastructure
• Servicing of foreign productions
• Production of film and documentaries, commercials, stills photography and Multi-media
• Post-production
• Design
• Jewellery manufacturing and design
• Fashion design
Oil and Gas
• Maintenance ship and rig repair
• Fabrication ` equipment and specialised components
• Specialised services ` training and accreditation
• Specialised services ` non-descriptive testing, inspection services, SHEQ services
• Exploration ` technical services: seismic surveys, logging, environmental impact assessments, etc.
• Exploration ` offshore
• Exploration ` onshore shale gas
• Exploration ` onshore coal bed methane and underground coal gasification
• Infrastructure ` refineries (Oil and GTL)
• Infrastructure ` terminals LPG/LNG import, storage and distribution
• Infrastructure ` ports and associated infrastructure
• Infrastructure ` storage
• Logistics ` pipeline
Mineral beneficiation
Downstream processing and value addition
Infrastructure Development
ICT
• IT
• Wireless and Telecom
• Electronics
• Geoamatics and Digital media
• Software Development
• Advanced programming

There is no requirement for the holder of the Financially Independent Visa to invest any set amount into as business, they are free to invest as little or as much as they desire. Note however, to successfully apply for a Financially Independent Visa, you need to prove a net worth of the equivalent of ZAR12,000,000 (12 million) but these funds do not need to be brought into South Africa.
Can my partner or children work in the business?
Partners of the business holder can work in the business but not for remuneration. Children would not be able to work in the business unless a work was granted in their own right. If you have children still in education years a study would be required.
Partners of Independent Financial Visa holders will need to secure residency in their own right which would involve a spousal or life partner application. Dependent children would require a study .
Must I employ South Africans?
There is a requirement that employees are at least 60% South Africans (citizens or permanent residency holders). These must be employed on a permanent basis in the business if you hold a business . There are no such requirements for the Independent Financial Visa holder.
Can I apply for permanent residency?
Starting a business as a foreigner in South Africa, via the business route, would first mean obtaining temporary residency. Once in receipt of this, permanent residency can be applied for.
Independent Financial Visa applicants may only apply for permanent residency. This of course has its attractions but the disadvantage can be that permanent residency takes longer for the Department to process.
What sort of company must I set up?
Typically a Pty Ltd would be the appropriate company structure and you can read more about the various business structures below .
I am in a permanent relationship / married to a South African ` do I need a business ?
Neither a business , not an Independent Financial Visa are required if you have a South African partner. Starting a business as a foreigner in South Africa with a South African partner requires you to have either a spousal or life partner which you can then endorse to set up and run a business.
If I am not working in the business, just investing, do I need a business ?
Business ’s are designed for the holder to work in the business. Foreign investors do not require a business . Any foreigner may own a business with no restriction. However should they intend to work within the business or come to live in South Africa a would be required.
How do I prove my business concept and my credentials?
When making a business application, part of the application’s supporting evidence is the submission of a comprehensive business plan. The business plan purpose is twofold ` one, and in the traditional sense, to prove the business will be successful, and two, to highlight some of the home affairs requirements.
There is no requirement for a Financial Independent application to submit a business plan.
Would my business need to be audited?
There are requirements for businesses with a certain turnover to be audited and also others like estate agents are required from a regulatory prospective. There is also an argument for it being good practise for all businesses to be audited..
The decision, subject to these rules, is up to the business holder.
Can I set up an NGO in South Africa as a foreigner?
Yes, non profits are able to set be up
How long does the application process take?
There are two aspects to the application process:
1. The compilation of the or Visa application.The compilation of the business application is more time consuming as this stage involves not only the Home Affairs requirements but also supporting documentation such as the company registration paperwork and the memorandum of incorporation. In addition other departments such as the Department of Trade and Industry are involved. Compilation can therefore take 4 ` 12 weeks.
2. The Financially Independent application does not involve such third parties and can therefore be achieved much quicker.The second stage is the submission to the Department of Home Affairs and the Departments timing can vary from 4 weeks to 12 weeks usually for a business .
Here there can be a potential drawback for applicants for the Financially Independent as these have historically taken approx 9 months.
Is there any other important distinctions?
You can see here below for a summary breakdown of the business versus the Independent Financial Visa. But in summary, whilst the independent financial Visa is a lot more flexible and carries little obligations with it either initially or on an ongoing basis there are 2 considerations that must be taken into account:
1. The timing of your move. Permanent residency applications (Independent Financial Visas) take longer to process. If you plan in ample time this can be mitigated.
2. The Department of Home Affairs levies an additional charge for successful applicants of the Independent Financial Visa of ZAR 120,000. This is almost akin to a success fee as it is only payable if your application is approved.
Starting a Business as a foreigner in South Africa
Starting a Business as a foreigner in South Africa
Starting a business as a foreigner in South Africa can be an arduous task without enlisting professional help. There are a number of ‘hoops’ that must be circumvented and the process can be time consuming and a distraction from the all important task of establishing your business.
At SA Migration Immigration we have assisted hundreds of entrepreneurs with their ambition to create a business in South Africa and are able to boast of an unrivalled track record of success, all based on what we believe to be the most comprehensive service available.
Where to begin with starting a business as a foreigner in South Africa
Importantly and before you commit time and money, you should have an assessment of your circumstances and requirements carried out. Assessments, as with ourselves, should be free of charge and carry no obligation.
Very often, and understandably, people source information on the obvious, in this case the business . There is however a real alternative that should be considered, if for no other reason to ensure you have made an informed decision.
Below we look at the two routes for starting a business as a foreigner in South Africa and discuss the merits and pitfalls of each.
The different ’s for starting a business as a foreigner in South Africa
In order to be able to set up, invest into and work within a business in South Africa as an immigrant there are two types of you can apply for:
1. Business Visa ` Traditionally, for anyone starting a business as a foreigner in South Africa this category has been the most recommended.
2. Independent Financial Visa ` A very underused Visa category that allows for the holder to commence a business, but also offers a host of other benefits over the business route.
Who can apply?
Business are for those individuals seeking to invest in a business, or an existing start up, and who will be working within the business.
The Independent Financial skills Visa is a Visa that is not restricted to a certain economic activity. As such it allows the holder total freedom to invest into a business, whether they will be working in it or not. There is also no obligation to invest, or start a business. In short the holder of the Independent Visa is free to make their own decision as to whether they run a business, work or even retire.
Must there be local ownership?
No a business can be owned and run with 100% foreign ownership. However for those with a local partner this is also fine. This applies to both the business and independent financially independent.
Can I buy into or outright an existing business?
Yes, which ever Visa or category you select you can do either or indeed set up one from scratch.
Is there a minimum shareholding a foreigner must own?
As a business holder you will need to typically own in excess of 25% of the business. A Financially Independent Visa holder has no restrictions.
Is there a minimum amount of investment required?
For business holders you need to invest ZAR 5 million into the business unless you qualify for a waiver.
There is no requirement for the holder of the Financially Independent Visa to invest any set amount into as business, they are free to invest as little or as much as they desire. Note however, to successfully apply for a Financially Independent Visa, you need to prove a net worth of the equivalent of ZAR12,000,000 (12 million) but these funds do not need to be brought into South Africa.
Can my partner or children work in the business?
Partners of the business holder can work in the business but not for remuneration. Children would not be able to work in the business unless a work was granted in their own right. If you have children still in education years a study would be required.
Partners of Independent Financial Visa holders will need to secure residency in their own right which would involve a spousal or life partner application. Dependent children would require a study .
Must I employ South Africans?
There is a requirement that employees are at least 60% South Africans (citizens or permanent residency holders). These must be employed on a permanent basis in the business if you hold a business . There are no such requirements for the Independent Financial Visa holder.
Can I apply for permanent residency?
Starting a business as a foreigner in South Africa, via the business route, would first mean obtaining temporary residency. Once in receipt of this, permanent residency can be applied for.
Independent Financial Visa applicants may only apply for permanent residency. This of course has its attractions but the disadvantage can be that permanent residency takes longer for the Department to process.
I am in a permanent relationship / married to a South African ` do I need a business ?
Neither a business , not an Independent Financial Visa are required if you have a South African partner. Starting a business as a foreigner in South Africa with a South African partner requires you to have either a spousal or life partner which you can then endorse to set up and run a business.
If I am not working in the business, just investing, do I need a business ?
Business ’s are designed for the holder to work in the business. Foreign investors do not require a business . Any foreigner may own a business with no restriction. However should they intend to work within the business or come to live in South Africa a would be required.
How do I prove my business concept and my credentials?
When making a business application, part of the application’s supporting evidence is the submission of a comprehensive business plan. The business plan purpose is twofold ` one, and in the traditional sense, to prove the business will be successful, and two, to highlight some of the home affairs requirements.
There is no requirement for a Financial Independent application to submit a business plan.
Would my business need to be audited?
There are requirements for businesses with a certain turnover to be audited and also others like estate agents are required from a regulatory prospective. There is also an argument for it being good practise for all businesses to be audited..
The decision, subject to these rules, is up to the business holder.
Can I set up an NGO in South Africa as a foreigner?
Yes, non profits are able to set be up.
How long does the application process take?
There are two aspects to the application process:
1. The compilation of the or Visa application.The compilation of the business application is more time consuming as this stage involves not only the Home Affairs requirements but also supporting documentation such as the company registration paperwork and the memorandum of incorporation. In addition other departments such as the Department of Trade and Industry are involved. Compilation can therefore take 4 ` 12 weeks.
2. The Financially Independent application does not involve such third parties and can therefore be achieved much quicker.The second stage is the submission to the Department of Home Affairs and the Departments timing can vary from 4 weeks to 12 weeks usually for a business .
Here there can be a potential drawback for applicants for the Financially Independent as these have historically taken approx 9 months.
Is there any other important distinctions?
You can see here for a summary breakdown of the business versus the Independent Financial Visa. But in summary, whilst the independent financial Visa is a lot more flexible and carries little obligations with it either initially or on an ongoing basis there are 2 considerations that must be taken into account:
1. The timing of your move. Permanent residency applications (Independent Financial Visas) take longer to process. If you plan in ample time this can be mitigated.
2. The Department of Home Affairs levies an additional charge for successful applicants of the Independent Financial Visa of ZAR 120,000. This is almost akin to a success fee as it is only payable if your application is approved.
www.samigration.com



News Articles

Investor ` Financially Independent Permit South Africa

Source: Sa Migration, 14/10/2021

Investor Permit South Africa
For those seeking permanent residency in South Africa they may well be searching for an investor permit option.
Unfortunately there is no investor permit for South Africa but it is worth looking at the alternative solution ` a Financially Independent permit.
What the difference between an Investor Permit and a Financially Independent Permit?
An investor permit is typically also an immediate pathway to obtaining permanent residency in a country but requires the immigrant to make a substantial investment. This investment invariably must be made from funds outside of the country you are emigrating to and you will have to commit the investment to your destination country for a considerable period of time.
This downside of this is your capital is tied up and often with little or no interest.
A Financially Independent permit requires you to make no such investment, nor in fact to transfer any amount of funds to South Africa.
Therefore you achieve the same result as an investor permit ` the right to stay on a permanent basis without tying up your capital.
What is the qualifying criteria for a Financially Independent permit?
The permit is aimed at high net worth individuals. However this high net worth level in rand terms is very achievable for many with a stronger currency.
Applicants must prove a net worth of R12 million from their world wide assets.
Are there any restriction or obligations?
There is no obligations as in many countries where you are required to purchase property and such like. Furthermore, there are no restrictions and upon receipt you may undertake any activity you so desire ` such as commence a business or work.
Nor must you permanently reside in South Africa, you must simply ensure you enter South Africa at least once every 3 years.
Can my spouse join me?
This can be achieved in two ways ` either by making a Financially Independent permit application for your spouse (or other permit if they qualify) or waiting for the main applicants permit approval and making an application as a spouse.
What fees are involved?
Applications have the following fees imposed on them, an application VFS and DHA submission fee and a further fee ` payable only when the permit is granted of R120,000.
You are welcome to direct your Financially Independent permit query by email to us, or any of the other contact points on this page. Your consultation is free of charge and carries no obligation
www.samigration.com



News Articles

Starting a Business as a foreigner in South Africa

Source: Sa Migration, 14/10/2021

Starting a business as a foreigner in South Africa can be an arduous task without enlisting professional help. There are a number of ‘hoops’ that must be circumvented and the process can be time consuming and a distraction from the all important task of establishing your business.
At Sa Migration Immigration we have assisted hundreds of entrepreneurs with their ambition to create a business in South Africa and are able to boast of an unrivalled track record of success, all based on what we believe to be the most comprehensive service available.
Below we detail the important aspects of starting a business as a foreigner in South Africa but if you prefer to talk to a human being to discuss your needs, feel free to call us on any of our phone numbers
Where to begin with starting a business as a foreigner in South Africa
Importantly and before you commit time and money, you should have an assessment of your circumstances and requirements carried out. Assessments, as with ourselves, should be free of charge and carry no obligation.
Very often, and understandably, people source information on the obvious, in this case the business visa. There is however a real alternative that should be considered, if for no other reason to ensure you have made an informed decision.
Below we look at the two routes for starting a business as a foreigner in South Africa and discuss the merits and pitfalls of each.
The different visa’s for starting a business as a foreigner in South Africa
In order to be able to set up, invest into and work within a business in South Africa as an immigrant there are two types of visa you can apply for:
1. Business visa ` Traditionally, for anyone starting a business as a foreigner in South Africa this category has been the most recommended.
2. Independent Financial Permit ` A very underused permit category that allows for the holder to commence a business, but also offers a host of other benefits over the business visa route.
Who can apply?
Business visa are for those individuals seeking to invest in a business, or an existing start up, and who will be working within the business.
The Independent Financial skills permit is a permit that is not restricted to a certain economic activity. As such it allows the holder total freedom to invest into a business, whether they will be working in it or not. There is also no obligation to invest, or start a business. In short the holder of the Independent permit is free to make their own decision as to whether they run a business, work or even retire.
Must there be local ownership?
No a business can be owned and run with 100% foreign ownership. However for those with a local partner this is also fine. This applies to both the business visa and independent financially independent.
Can I buy into or outright an existing business?
Yes, which ever permit or visa category you select you can do either or indeed set up one from scratch.
Is there a minimum shareholding a foreigner must own?
As a business visa holder you will need to typically own in excess of 25% of the business. A Financially Independent permit holder has no restrictions.
Is there a minimum amount of investment required?
For business visa holders you need to invest ZAR 5 million into the business unless you qualify for a waiver.
There is no requirement for the holder of the Financially Independent permit to invest any set amount into as business, they are free to invest as little or as much as they desire. Note however, to successfully apply for a Financially Independent permit, you need to prove a net worth of the equivalent of ZAR12,000,000 (12 million) but these funds do not need to be brought into South Africa.
Can my partner or children work in the business?
Partners of the business visa holder can work in the business but not for remuneration. Children would not be able to work in the business unless a work visa was granted in their own right. If you have children still in education years a study visa would be required.
Partners of Independent Financial permit holders will need to secure residency in their own right which would involve a spousal or life partner visa application. Dependent children would require a study visa.
Must I employ South Africans?
There is a requirement that employees are at least 60% South Africans (citizens or permanent residency holders). These must be employed on a permanent basis in the business if you hold a business visa. There are no such requirements for the Independent Financial permit holder.
Can I apply for permanent residency?
Starting a business as a foreigner in South Africa, via the business visa route, would first mean obtaining temporary residency. Once in receipt of this, permanent residency can be applied for.
Independent Financial permit applicants may only apply for permanent residency. This of course has its attractions but the disadvantage can be that permanent residency takes longer for the Department to process.
What sort of company must I set up?
Typically a Pty Ltd would be the appropriate company structure and you can ask us about about the various business structures here.
I am in a permanent relationship / married to a South African ` do I need a business visa?
Neither a business visa, not an Independent Financial Permit are required if you have a South African partner. Starting a business as a foreigner in South Africa with a South African partner requires you to have either a spousal visa or life partner visa which you can then endorse to set up and run a business.
If I am not working in the business, just investing, do I need a business visa?
Business visa’s are designed for the holder to work in the business. Foreign investors do not require a business visa. Any foreigner may own a business with no restriction. However should they intend to work within the business or come to live in South Africa a visa would be required.
How do I prove my business concept and my credentials?
When making a business visa application, part of the application’s supporting evidence is the submission of a comprehensive business plan. The business plan purpose is twofold ` one, and in the traditional sense, to prove the business will be successful, and two, to highlight some of the home affairs requirements.
There is no requirement for a Financial Independent application to submit a business plan.
Would my business need to be audited?
There are requirements for businesses with a certain turnover to be audited and also others like estate agents are required from a regulatory prospective. There is also an argument for it being good practise for all businesses to be audited.
The decision, subject to these rules, is up to the business holder.
Can I set up an NGO in South Africa as a foreigner?
Yes, non profits are able to set be up.
How long does the application process take?
There are two aspects to the application process:
1. The compilation of the visa or permit application.The compilation of the business visa application is more time consuming as this stage involves not only the Home Affairs requirements but also supporting documentation such as the company registration paperwork and the memorandum of incorporation. In addition other departments such as the Department of Trade and Industry are involved. Compilation can therefore take 4 ` 12 weeks.
2. The Financially Independent application does not involve such third parties and can therefore be achieved much quicker.The second stage is the submission to the Department of Home Affairs and the Departments timing can vary from 4 weeks to 12 weeks usually for a business visa.
Here there can be a potential drawback for applicants for the Financially Independent as these have historically taken approx 9 months.
Is there any other important distinctions?
But in summary, whilst the independent financial permit is a lot more flexible and carries little obligations with it either initially or on an ongoing basis there are 2 considerations that must be taken into account:
1. The timing of your move. Permanent residency applications (Independent Financial Permits) take longer to process. If you plan in ample time this can be mitigated.
2. The Department of Home Affairs levies an additional charge for successful applicants of the Independent Financial permit of ZAR 120,000. This is almost akin to a success fee as it is only payable if your application is approved.
Making an Application for a Business Visa
Making an Application for a Business Visa
This section deals with making an application for a business visa in South Africa. A business visa is required by a person who is seeking to buy into or set up a business in South Africa in which they will be actively involved (work).
Please read on for information how you make application for a business visa in South Africa or should you prefer you can contact one of our team to discuss your situation. For further information on business visa you can also view our quick links on the left hand side of this page.
Getting assistance with making a business visa application
• You can e-mail your business visa enquiry here to info@sami.co.za
• Use or office Whtaspp number + 282 3738415 to contact us
NOTE: If you are an existing company based abroad but seeking to expand your operations into South Africa please mention this with details on the visa that may be applicable to you.
Who should apply for a Business Visa?
Applications for business visa, as alluded to above, are for individuals who wish to either invest into an existing South African business that they will work in, or set up a new business that will work in.
Business visa versus investor visa
A business visa should not be confused with an investor visa. A business visa allows you to work in the business and the visa is issued for this purpose. An investor visa (which is not offered in South African immigration) allows immigration through investment of a certain amount of capital and does not require the immigrant to work.
When applying for a business visa what are the residency options?
Making an application for a business visa in South Africa allows you to apply for temporary residency. Once you are in receipt of temporary residency you can then apply for permanent residency.
How long can I apply for on my business visa application?
As with all temporary visa’s, the decision as to the validity period of a business visa lies with the Department of Home Affairs. In the case of a business visa it will not be issued for more than 3 years.
When can you apply for permanent residency?
Permanent residency can be applied of at any stage but it is most normal to make an application after receiving your business visa for temporary residency.
Where should my business visa application be made?
First time applications that involve a change of your via status, for example from tourist to resident, must be made from outside of South Africa. It is only where there is no residency status change that you can apply in South Africa, for example renewing an existing temporary visa.
What is the main criteria when making an application for a business visa in South Africa?
• A completed application form
• A thorough business plan
• An appropriate company structure
• Applicable registrations or undertakings
• Investment amount for business visa
• Employment of South African citizens or Permanent residency holders

• Types of business structures in South Africa
• Types of business structures in South Africa
• The Companies Act of 2008 relays the appropriate types of business structures in South Africa pertaining to companies. Whether you are seeking a business visa, or an endorsement to a visa you will have to select the right business structure.
• Sa Migration Immigration has assisted individuals / companies since 2006 with advice on the types of business structures in South Africa and with the setting up thereafter.
• Types of business structures in South Africa
• Below we give you an insight into each of the types of business structure in South Africa you may consider for your business if setting up operations as a foreigner. Where there is more information available on the business type simply click on the headers below.

• Sole Proprietorship
• A sole proprietorship, which is often referred to as a sole trader, is a business structure that is owned and run by one individual.
• It is important to note that with a sole proprietorship there is no separation between the owner and the business structure ` the business does not have its own legal entity. In practise this means the income of the business is all for the owner, as are the taxes and any liabilities.

• Partnership
• A partnership is akin to a coming together of between 2 and 20 people who contractually agree to operate a profit generating business business together. They further agree to split any profits as per their agreement and in proportion to their interests.
• In establishing a partnership each partner needs to make a contribution to it and as per a sole proprietorship the partnership is not a separate legal entity, leaving partners generally liable for debts
• .
• Private Companies
• Typically the choice for most foreigners setting up a business in South Africa. This type of business structure in South Africa does not place any prohibition on foreign shareholding and only requires one shareholder and one director.
• The new Companies Act prohibits a Private Company (Pty Ltd) from offering securities to the public.
• Private companies are seen as separate legal entities and as such are taxed in their own right and offer the shareholders protection against liabilities.
• A Pty Ltd will require reservation of a company name, the completion of a memorandum of incorporation and written consent of the auditors, if any, to act for the company.

• Public Companies
• A public company is largely set up to offer shares to the general public for the purpose of capital raising. There is a requirement for a minimum of one shareholder and three directors.
• Public companies are known as Ltd companies and have their own legal identity.

• Personal Liability Companies
• If a company incorporates under section 8(2)(c) of the Companies Act the terms of its memorandum of incorporation (MOI) state that the directors and past directors are jointly and severally liable, together with the company, for any debts and liabilities of the company, as are or were contracted during their respective periods of office. Typically this means professions such as attorneys and accountants that make use section 8(2)(c) of the Companies Act.

• State Owned Companies
• A State owned company is either a company defined as a “state-owned enterprise” in the Public Finance Management Act 1 of 1999 or a company owned by a municipality. The majority of the provisions of a public company will apply to state-owned companies as well.
• Non-profit Companies (NPC)
• A non profit company is incorporated public that is established, as an example, for some form of cultural or social activities or communal / group interests. Income is not distributed to any stakeholder from this type of business structure.

• Foreign and External Companies
• External companies are foreign owned companies that are incorporated outside of South Africa but trade in South Africa. There is a requirement for foreign owned companies to register as an external company with the CIPC and they may not offer securities to the South African public.
• This type of business structure in South Africa is utilised by foreign companies wishing to set up a branch in South Africa.
Business Plans for South Africa
Researching a business plan, formulating it and ensuring the business plan is realistic and workable are just some of the key criteria when commencing a new business.
When such a business plan is presented as supporting evidence to immigration authorities its importance becomes even more valid.
A business plan is a written document that describes the business, the business objectives, strategies, market segment, forecasts and financial resources.
The functions of a business plan are many but include:
• Providing a template from which to run your business
• Measuring the success of your business
• Setting out financial goals ` short and long term
• Quantifying expansion plans
• Raising capital
• Supporting immigration applications
• A review document
• Attracting investors, shareholders and business networking

What should a Business Plan include?
A business plan is a written statement of the journey your business is going to take. It should provide details of how you intend to develop the business, who is going to play a role in this business and how the financial side of the business will be managed.
Clarity on these issues is particularly important if you’re looking for finance, investment or using the business plan to support an immigration application. Your plan should at least include:
• An executive summaryThis is an overview of the business you want to start. This is essential ` first impressions count! Many people will be influenced by how well the summary is presented based on the first few pages of your plan.
• Short description of the business opportunityThis details who you are, what product or service you will supply and why, who you will supply the product to and how.
• OperationsIncluding such things as manpower, premises, IT infrastructure, future expansion.
• Marketing and sales strategyWho will buy your service or product and why. How will you promote the service in terms of product, placement and pricing.
• FinancialsOne of the most important aspects of the business plan. These documents and tables translate everything form the business plan into figures.
www.samigration.com



News Articles

Joining family in South Africa: A visa guide

Source: Sa Migration, 14/10/2021

Joining family in South Africa: A visa guide
Families are scattered across the globe these days. Sometimes, though, it gets too much. What grandparent doesn’t want to see their grandchildren grow up?
Thankfully, South Africa’s immigration regulations allow grandparents to reunite with their children and grandchildren.
Our Immigration Act also provides opportunity for spouses, life partners and children to join their immediate South African family member or members in SA. The same goes for siblings of South Africans and the immediate family members of foreign nationals moving to SA.
South African visa options for joining family in SA
As explained above, South Africa has several visas that enable families to reunite and live together in SA. These visas are:
1. Spousal Visa
2. Life Partner Visa
3. Relatives Visa
4. Accompanying Dependent Visa
The most suitable visas for you and your family will depend on your personal circumstances. If you continue reading, you’ll understand each visa category better..
1. Spousal Visa
When a civil marriage union exists between a foreign national and a South African citizen or permanent resident, the foreign national spouse can apply for a Spousal Visa.
The starting point is applying for temporary residency, which is usually issued for two to three years. After being married for five years, your spouse will be able to apply for permanent residency.
What if you’re already married for five years when your spouse applies for a visa?
Your spouse is allowed to apply for permanent residency right away if you have been married for five years already.
It’s not advisable though.
The Department of Home Affairs takes years to adjudicate permanent residency applications. It can easily become a 2-year waiting period ` or longer!
It is for this reason that we advise our clients to start with a temporary residency application regardless of how long the marriage is at the time of applying. Once your spouse has temporary residency, he or she can enter and live in South Africa and then apply for permanent residency.
Can my spouse work in South Africa?
If your spouse wants to work in South Africa, or study or conduct business, they would need get an endorsement on their visa. Endorsements allow spousal visa holders to take up their chosen activity in South Africa.
Spouses with permanent residency are free to work, study or do business in South Africa as they please. Permanent residents have the same rights and privileges as South African citizens, with the exception of being able to vote and to apply for a South African identity document.
2. Life Partner Visa
Your foreign national partner can apply for a Life Partner Visa in the absence of a civil marriage union. This visa is for when a good faith relationship exists between a foreigner and South African citizen or permanent resident.
You’ll have to prove that your relationship is ‘real’
For Life Partner Visa applications, the Department of Home Affairs wants to see that the relationship is genuine and of a stable nature. To prove this, you’ll need the following:
• Proof of joint cohabitation for a minimum of two years
• Proof of shared financial responsibility for a minimum of two years
Should you be able to demonstrate evidence for a two year period, temporary residency is an option. If your and your life partner have proof for five years or more, your partner can apply for permanent residency.
Can my partner work in South Africa?
Just like with the Spousal Visa, your life partner will be allowed to work in South Africa as a temporary resident with an endorsement on their visa.
Your life partner must also apply for an endorsement if they want to study or conduct business if they hold temporary residency.
Once your partner is a permanent resident, they’ll no longer need an endorsement.
3. Relatives Visa
The Relatives section of the immigration act provisions for those who are in the first and second step of kinship to a South African citizen or permanent resident. This includes spouses, life partners, children, parents and siblings.
Only some family members qualify for temporary and permanent residency
The Immigration Act only offers a temporary and permanent residency to:
• Spouses
• Life partners
• Children
• Parents
Unfortunately, you’ll only qualify for temporary residency if you fall within one of these categories:
• Siblings
• Parents of minor children, i.e. children under the age of 18. Permanent residency is only an option once the child is 18 years or older.
If you’re either of these and you’d like PR in South Africa, we suggest looking at other visa options.
4. Accompanying Dependent Visa
If you’re not a South African citizen or permanent resident and the visa options above are not relevant to you, there is an alternative visa option for your family to join you.
The accompanying dependent visa is likely to be the best option. It allows for spouses, life partners and minor children of foreign nationals to join that person in South Africa.
The accompanying dependent visa does not allow for any activity in South Africa such as work or study. It only allows for your family member to be here in South Africa with you
www.samigration.com



News Articles

Business Plans ` What you need to know about South Africa

Source: Sa Migration, 17/10/2021

Researching a business plan, formulating it and ensuring the business plan is realistic and workable are just some of the key criteria when commencing a new business.
When such a business plan is presented as supporting evidence to immigration authorities its importance becomes even more valid.
A business plan is a written document that describes the business, the business objectives, strategies, market segment, forecasts and financial resources.
The functions of a business plan are many but include:
• Providing a template from which to run your business
• Measuring the success of your business
• Setting out financial goals ` short and long term
• Quantifying expansion plans
• Raising capital
• Supporting immigration applications
• A review document
• Attracting investors, shareholders and business networking

What should a Business Plan include?
A business plan is a written statement of the journey your business is going to take. It should provide details of how you intend to develop the business, who is going to play a role in this business and how the financial side of the business will be managed.
Clarity on these issues is particularly important if you’re looking for finance, investment or using the business plan to support an immigration application. Your plan should at least include:
• An executive summary
• This is an overview of the business you want to start. This is essential ` first impressions count! Many people will be influenced by how well the summary is presented based on the first few pages of your plan.
• Short description of the business opportunity
• This details who you are, what product or service you will supply and why, who you will supply the product to and how.
• Operations
• Including such things as manpower, premises, IT infrastructure, future expansion.
• Marketing and sales strategy
• Who will buy your service or product and why. How will you promote the service in terms of product, placement and pricing.
• Financials
• One of the most important aspects of the business plan. These documents and tables translate everything form the business plan into figures.
www.samigration.com



News Articles

Business Visa Waiver Applications for South Africa

Source: Sa Migration, 17/10/2021

The normal requirement for a business visa dictates a cash investment of R5 million rand or capital equivalent (in the form of new machinery or equipment.
Certain business types can however apply for a waiver to reduce this stipulated investment amount.
The process for applying for a business visa waiver will mean the formation and presentation of a business plan. The business waiver application will be judged on the various factors in this business plan including:
• Contribution to economy.
• Feasibility of business.
• Jobs created for South African citizens or permanent residency holders.
• Desirability of the business.
Most importantly, the business visa waiver application, will have to demonstrate that the business fits into one of the below categories.
Business Visa waiver applications that may apply for a waiver (by category)
Agro-processing
• Fisheries and aquaculture i.e. freshwater aquaculture and marine culture
• Food processing in the milling and baking industries
• Beverages viz. fruit juices and the local beneficiation, packaging and export of indigenousteas
• High value natural fibres viz., organic cotton and downstream mohair production
• High value organic food for the local and export market
• Biofuels production viz. bioethanol and biogas
• Processing of seed oils: tea extracts, including buchu, honeybush: and other oil derivatives(avocado, amarula etc.)
• Diversification / beneficiation of biomass sources i.e. sugar, maize
Business Process Outsourcing and IT Enabled Services
• Call centers
• Back Office Processing
• Shared Corporate Services
• Enterprise solutions e.g. fleet management and asset management
• Legal process outsourcing
Capital / Transport equipment, metals and electrical machinery and apparatus
• Basic iron and steel
• Basic precious and non-ferrous metals
• Casting of metals
• Other fabricated metal products: metalwork service activities
• General purpose machinery
• Tooling manufacturing
• Foundries
• Electric motors, generators and transformers
• Electricity distribution and control apparatus
• Insulated wire and cable
• Accumulators, primary cells and primary batteries
• White goods and associated components
Electro Technical
• Advanced telecommunications
• Software development
• Software and mobile applications
• Smart metering
• Embedded software
• Radio frequency identifications
• Process control, measurement and instrumentation
• Security and monitoring solutions
• Financial software
• Manufacturing sensors
• Digital TV and Set Top Boxes due to migration to full digital television
Textile, Clothing and Leather
• Spinning, weaving and finishing of textiles
• Knitted and crocheted fabrics and articles
• Wearing apparel except fur apparel
• Dressing and dying of fur
• Leather skins and hides beneficiation
• Consumer goods
• White goods and associated components
Boatbuilding
Boatbuilding and associated services industry
• Engines and engine systems
• Marine equipment and accessories
Pulp, paper and Furniture
• Manufacture of wood and products of wood and cork
• Manufacture of articles of straw and plaiting materials
• Manufacture of paper products: publishing, printing and reproduction
• Paper and paper products and furniture
Automotives and Components
• Engines, radiators, filters and components thereof
• Air conditioners / climate control systems
• Alarms and Tracking devices
• Axles, transmission shafts
• Body parts and panels
• Catalytic converters, silencers and exhaust systems and components
• Seats and parts thereof, seatbelts, leather covers
• Suspension and shock absorbers, springs and parts thereof
• Steering wheels, columns and boxes
• Ignition, starting equipment, gauges and instrument parts
• Lighting equipment
• Wiring harnesses, instrument panels vehicle interiors, electronic drive train components,
• Body parts
Green Economy Industries
Power generation:
• Independent power generation, energy infrastructure and alternative energy
• Nuclear Build Programme i.e. joint ventures, consortiums and the establishment of new companies to grow South Africa’s nuclear manufacturing capability and nuclear supply industry to supply into the nuclear build programme
Renewable Energy:
• Onshore wind power ` manufacture of turbines/blades
• Solar PV and Concentrated Solar Power manufacture/assembly
• Biomass
• Small hydro
• Energy efficiency and energy saving industries
• Solar water heaters
• Waste Management and Recycling
• Reducing landfill
• Lowering greenhouse gas emis
• sions from landfill sites
Advanced Manufacturing
• Nano-materials
• High performance materials based on natural resources (advanced bio-compositesAdvanced materials, polymers and composites
• Medical devices, diagnostics and composites
• Space e.g. satellite manufacturers etc. and astronomy e.g. SKA, telescopes, dishes etc.
• Composites (intelligent textiles used in medical, building and construction industries)
• Continuous fibre reinforced thermoform composites
• Biochemical and biologics for applications in agriculture, industry and health/medicalsectors
• Electricity demand Site Management Solutions to improve electricity efficiency usage
• Lasers and laser-based additive manufacturing various applications
• Advanced Robotics Mobile Intelligent Autonomous Systems
• Applications in the mining industry, data collection and analysis
• Bio ` manufacturing ` Biochemical and biologics for applications in agriculture, industryand health/medical
• Fuel cells and Technology
Tourism infrastructure
• Accommodation ` hotels, boutique hotels, lodges and resorts
• Urban integrated tourism/ entertainment precincts
• Adventure, ` eco-, sport-, conference- and cultural tourism
• Infrastructure developments
• Leisure complexes and world class golf courses
• Harbour and waterfront developments
• Trans frontier conservations areas
• Tourism transport ` aviation, rail, cruise liners etc.
• green building and green technologies for tourism attractions and activity ` based tourism, museums and heritage
Chemicals, plastic fabrication and pharmaceuticals
• Basic chemicals
• Water treatment chemical products
• Man-made fibres
• Plastic products: polypropylene and polyvinculchloride
• Medical (drips and syringes), manufacture of active pharmaceutical ingredient
• (APIs) for key anti-retrovirals (ARVs)Manufacture of reagents for AIDS/HIV diagnostics
• Production of vaccines and biological medicines
Creative and Design Industry
• Film studios, treaty film co-production ventures, distribution infrastructure
• Servicing of foreign productions
• Production of film and documentaries, commercials, stills photography and Multi-media
• Post-production
• Design
• Jewellery manufacturing and design
• Fashion design
Oil and Gas
• Maintenance ship and rig repair
• Fabrication ` equipment and specialised components
• Specialised services ` training and accreditation
• Specialised services ` non-descriptive testing, inspection services, SHEQ services
• Exploration ` technical services: seismic surveys, logging, environmental impact assessments, etc.
• Exploration ` offshore
• Exploration ` onshore shale gas
• Exploration ` onshore coal bed methane and underground coal gasification
• Infrastructure ` refineries (Oil and GTL)
• Infrastructure ` terminals LPG/LNG import, storage and distribution
• Infrastructure ` ports and associated infrastructure
• Infrastructure ` storage
• Logistics ` pipeline
Mineral beneficiation
Downstream processing and value addition
Infrastructure Development
ICT
• IT
• Wireless and Telecom
• Electronics
• Geoamatics and Digital media
• Software Development
• Advanced programming



News Articles

Zimbabweans in South Africa face uncertain future over ZEP status

Source: Daily Vox, 17/10/2021

Thousands of Zimbabwean permit holders are living in uncertainty because the South African government has not yet indicated whether it will renew their permits. It’s difficult to ascertain how many Zimbabweans there are in South Africa. According to data collected from Africa Check, the number of migrants from Zimbabwe living in South Africa is well under a million. And come December 2021, Zimbabwean permit holders face an uncertain future.
[UPDATE AS OF August 27] In response to questions from The Daily Vox, the department said an announcement about what happens with the Zimbabwe Exemption Permit after 31 December 2021 will be made in due course.
[Update as of August 25] VFS Global has told The Daily Vox their role is limited to the administration of the permit. They schedule appointments, accept applications and fees, enrol in biometrics and submit applications to the department. The adjudication of the permit applications is done by the department. VFS Global has no role in the decision making process, they said.
What is a ZEP?
The ZEP was a permit issued to Zimbabweans who had a valid Zimbabwean Special Permit (ZSP). On September 8, 2017 the South African government issued a statement by then home affairs minister Hlengiwe Mkhize about the closure of the (ZSP). Minister Mkhize announced the opening of the new Zimbabwean Exemption Permit (ZEP). Before the ZSP, there was the Zimbabwean Special Dispensation permit.
With the deadline approaching for the ZEP, the department has not mentioned what will happen next.
The ZEP permits were issued for a maximum period of four years. They begin on January 1, 2018 and are set to expire on December 31, 2021. An administrative fee of R1090 was charged to ZSP permit holders that wanted to remain in South Africa.
The permits and applications centres are managed by VFS Global for the Department of Home Affairs (DHA). Applicants are required to submit a completed application form and supporting documents online through the VFS global website.
Applicants were required to make an appointment at the VFS Global application centre and attend this appointment in person to complete the application process and submit their biometrics. Minors did not need to attend the submission process. Applicants are required to provide their valid Zimbabwean passport and copies of the permit along with other supporting documents.
There are three categories of people who are allowed to apply. People are allowed to apply for work, if they own a business and if they are studying. Each of the categories require a letter from the relevant institutions.
The ZEP conditions state that the permit “does not entitle the holder the right to apply for permanent residence irrespective of the period of stay in the RSA.” It also states that “ZEP permits will not be renewable/extendable.”
How does it affect people?
The Daily Vox spoke to David, a Zimbabwean man, about his concerns regarding the status of ZEP permit renewal. David is a delivery driver at a stationery company and lives in Cape Town with his wife and three children. He has been living in South Africa for 18 years.
“I started with an asylum seeker permit before I got the ZDP, ZSP and the ZEP. I’m anxious about the permits not being renewed because my livelihood is at risk,” he said. David said he needs to provide for his family. However, without a valid permit, he is at risk of losing his job and his bank accounts could be frozen.
“My children who also have ZEP permits that entitle them to conduct studies, will also be at risk of losing access to their education. I am fearful and anxious about the future,” said David.
www.samugration.com



News Articles

Asylum seekers can apply for distress grant for caregivers

Source: Enca, 16/10/2021

Unemployed carers of child grant recipients who don’t have identity documents can apply for the COVID-19 special relief of distress grant, They can use their SASSA system-generated ID number
JOHANNESBURG - Asylum seekers and unemployed carers of child grant recipients who don’t have identity documents can apply for the COVID-19 special relief of distress grant.
They can use their Sassa system-generated ID number.
Sassa spokesperson Paseka Letsatsi said, `I think, the intention here is to make sure that especially asylum seekers who do not necessarily have the ID number with them, because we can recall that if you come to South Africa from outside and coming here without the necessary documentation.`
`These are the people who have gone to Home Affairs made an application to be refugees so we are trying to make sure that we accommodate them, but obviously, you must go to Home Affairs to make an application send it to us as Sassa and we will generate a unique number which is given to you it basically ends with…and then that number then you can be able to use to make an application to access the R350 grant.
www.samigration.com



News Articles

Home affairs minister abdicates his duties

Source: Mail & Guardian, 17/10/2021

In the scheme of South Africa’s immigration legislation, the minister of home affairs has specific roles to play as a decision-maker. While his delegates in home affairs fulfil his functions, he can never divest himself of his legislative powers.
Many of the decisions the minister is tasked to make can irreversibly alter the lives of the parties involved. The minister is the decision-maker of last resort in the administrative appeals process.
South Africa’s immigration regulations are made and published by the minister. Visa exemptions for citizens of foreign countries, enabling them to freely enter South Africa, are granted by the minister. The immigration inspectorate carries out its duties with directions from the minister.
But, perhaps most importantly, the minister has the express authority to exempt foreigners from the rights of residence for indefinite or limited periods of time, when special circumstances exist that would justify such a decision. Section 31(2)(b) of South Africa’s Immigration Act accords the minister this power.
The objectives of South Africa’s immigration system are clearly set out in the Immigration Act’s preamble.
Among these is the condition that “immigration control is performed within the highest applicable standards of human rights protection”, and that a human rights-based culture of enforcement is promoted.
The Roman poet Horace once exclaimed ` rather more poetically ` that people tended to take their troubles wherever they went. South Africa is no less a receptacle of
troubled foreigners than anywhere else.
But this country does have a constitutional obligation to meet the needs of people, whoever they are. Our immigration enforcement authorities are obliged to deal with whichever problems foreigners in South Africa face, in a manner that meets “the highest applicable standards of human rights protection”, to quote the Act.
The minister has miserably failed to exercise his power in the granting of residence exemptions, leaving constitutional imperatives to hang like rotten fruit on a tree.
In one such case in 2018, a German was confronted with an abandoned infant on her doorstep, and undertook to foster the child. She visited the children’s court and was given a limited time frame in which to obtain permanent residence to become a legal foster parent.
The ministerial office neglected to respond to her application for a permanent residence exemption, despite it being a matter of paramount urgency. The applicant had to resort to obtaining a court order. Without having gone to the Western Cape high court, the special circumstances surrounding this woman’s application would never have been acknowledged.
Since Malusi Gigaba took office on May 26 2014 (the day the last legislative amendments came into force) applications for ministerial exemptions `even under the most dramatic of circumstances where the welfare of children, the elderly, and the sick have been at stake `have seen the minister fail to act.
Gigaba has since been replaced by Siyabonga Cwele.
In another case, an epileptic South African woman fell and experienced a brain injury. She spent weeks in a coma in hospital and a Zimbabwean woman was employed to nurse her. After her discharge, the nurse’s employment continued. She lived and slept in the woman’s bedroom for several years, attending to her every need.
Work visas were obtained for the nurse until the new immigration rules came into force, making it near impossible for her to get legal permission to continue working. A department of labour certification waiver was denied because the department ` on behalf of the minister ` did not see that the welfare of this woman mattered.
Exactly two years ago, an application for a permanent residence exemption was made to the minister. There has been no acknowledgment of the application. It has been met with silence.
Section 31(2)(b) of South Africa’s Immigration Act is a lifesaver, precisely because the parliamentary framers of that section were alive to the frailties of the human condition. The Act requires human problems to be dealt with empathetically, effectively and speedily, within the constructs of our constitutional Bill of Rights and the preamble of the Act.
Every immigration system that operates within a constitutional order must retain sufficient flexibility to respond to the needs of people. This principle is enshrined in section 195(1) of South Africa’s Constitution.
Instead, the minister has run away. Permanent residence exemption applications are dealt with by departmental functionaries, who do not understand the constitutional democratic order in which such applications are made. Applications linger for years and die from pure delay.
The minister’s abdication is a death knell for any living system of immigration control. The ministerial office, it appears, has been vacated.
www,samigration.com



News Articles

Home affairs minister abdicates his duties

Source: Mail & Guardian, 17/10/2021

In the scheme of South Africa’s immigration legislation, the minister of home affairs has specific roles to play as a decision-maker. While his delegates in home affairs fulfil his functions, he can never divest himself of his legislative powers.
Many of the decisions the minister is tasked to make can irreversibly alter the lives of the parties involved. The minister is the decision-maker of last resort in the administrative appeals process.
South Africa’s immigration regulations are made and published by the minister. Visa exemptions for citizens of foreign countries, enabling them to freely enter South Africa, are granted by the minister. The immigration inspectorate carries out its duties with directions from the minister.
But, perhaps most importantly, the minister has the express authority to exempt foreigners from the rights of residence for indefinite or limited periods of time, when special circumstances exist that would justify such a decision. Section 31(2)(b) of South Africa’s Immigration Act accords the minister this power.
The objectives of South Africa’s immigration system are clearly set out in the Immigration Act’s preamble.
Among these is the condition that “immigration control is performed within the highest applicable standards of human rights protection”, and that a human rights-based culture of enforcement is promoted.
The Roman poet Horace once exclaimed ` rather more poetically ` that people tended to take their troubles wherever they went. South Africa is no less a receptacle of
troubled foreigners than anywhere else.
But this country does have a constitutional obligation to meet the needs of people, whoever they are. Our immigration enforcement authorities are obliged to deal with whichever problems foreigners in South Africa face, in a manner that meets “the highest applicable standards of human rights protection”, to quote the Act.
The minister has miserably failed to exercise his power in the granting of residence exemptions, leaving constitutional imperatives to hang like rotten fruit on a tree.
In one such case in 2018, a German was confronted with an abandoned infant on her doorstep, and undertook to foster the child. She visited the children’s court and was given a limited time frame in which to obtain permanent residence to become a legal foster parent.
The ministerial office neglected to respond to her application for a permanent residence exemption, despite it being a matter of paramount urgency. The applicant had to resort to obtaining a court order. Without having gone to the Western Cape high court, the special circumstances surrounding this woman’s application would never have been acknowledged.
Since Malusi Gigaba took office on May 26 2014 (the day the last legislative amendments came into force) applications for ministerial exemptions `even under the most dramatic of circumstances where the welfare of children, the elderly, and the sick have been at stake `have seen the minister fail to act.
Gigaba has since been replaced by Siyabonga Cwele.
In another case, an epileptic South African woman fell and experienced a brain injury. She spent weeks in a coma in hospital and a Zimbabwean woman was employed to nurse her. After her discharge, the nurse’s employment continued. She lived and slept in the woman’s bedroom for several years, attending to her every need.
Work visas were obtained for the nurse until the new immigration rules came into force, making it near impossible for her to get legal permission to continue working. A department of labour certification waiver was denied because the department ` on behalf of the minister ` did not see that the welfare of this woman mattered.
Exactly two years ago, an application for a permanent residence exemption was made to the minister. There has been no acknowledgment of the application. It has been met with silence.
Section 31(2)(b) of South Africa’s Immigration Act is a lifesaver, precisely because the parliamentary framers of that section were alive to the frailties of the human condition. The Act requires human problems to be dealt with empathetically, effectively and speedily, within the constructs of our constitutional Bill of Rights and the preamble of the Act.
Every immigration system that operates within a constitutional order must retain sufficient flexibility to respond to the needs of people. This principle is enshrined in section 195(1) of South Africa’s Constitution.
Instead, the minister has run away. Permanent residence exemption applications are dealt with by departmental functionaries, who do not understand the constitutional democratic order in which such applications are made. Applications linger for years and die from pure delay.
The minister’s abdication is a death knell for any living system of immigration control. The ministerial office, it appears, has been vacated.
www,samigration.com



News Articles

Business Plans ` What you need to know about South Africa

Source: SA migration, 18/10/2021

Researching a business plan, formulating it and ensuring the business
plan is realistic and workable are just some of the key criteria when
commencing a new business.
When such a business plan is presented as supporting evidence to
immigration authorities its importance becomes even more valid.
A business plan is a written document that describes the business, the
business objectives, strategies, market segment, forecasts and
financial resources.
The functions of a business plan are many but include:
• Providing a template from which to run your business
• Measuring the success of your business
• Setting out financial goals ` short and long term
• Quantifying expansion plans
• Raising capital
• Supporting immigration applications
• A review document
• Attracting investors, shareholders and business networking

What should a Business Plan include?
A business plan is a written statement of the journey your business is
going to take. It should provide details of how you intend to develop
the business, who is going to play a role in this business and how the
financial side of the business will be managed.
Clarity on these issues is particularly important if you’re looking
for finance, investment or using the business plan to support an
immigration application. Your plan should at least include:
• An executive summary
• This is an overview of the business you want to start. This is
essential ` first impressions count! Many people will be influenced by
how well the summary is presented based on the first few pages of your
plan.
• Short description of the business opportunity
• This details who you are, what product or service you will
supply and why, who you will supply the product to and how.
• Operations
• Including such things as manpower, premises, IT
infrastructure, future expansion.
• Marketing and sales strategy
• Who will buy your service or product and why. How will you
promote the service in terms of product, placement and pricing.
• Financials
• One of the most important aspects of the business plan. These
documents and tables translate everything form the business plan into
figures.
www.samigration.com



News Articles

Business Visa Waiver Applications for South Africa

Source: SA migration, 18/10/2021

The normal requirement for a business visa dictates a cash investment
of R5 million rand or capital equivalent (in the form of new machinery
or equipment.
Certain business types can however apply for a waiver to reduce this
stipulated investment amount.
The process for applying for a business visa waiver will mean the
formation and presentation of a business plan. The business waiver
application will be judged on the various factors in this business
plan including:
• Contribution to economy.
• Feasibility of business.
• Jobs created for South African citizens or permanent residency
holders.
• Desirability of the business.
Most importantly, the business visa waiver application, will have to
demonstrate that the business fits into one of the below categories.
Business Visa waiver applications that may apply for a waiver (by
category)
Agro-processing
• Fisheries and aquaculture i.e. freshwater aquaculture and
marine culture
• Food processing in the milling and baking industries
• Beverages viz. fruit juices and the local beneficiation,
packaging and export of indigenousteas
• High value natural fibres viz., organic cotton and downstream
mohair production
• High value organic food for the local and export market
• Biofuels production viz. bioethanol and biogas
• Processing of seed oils: tea extracts, including buchu,
honeybush: and other oil derivatives(avocado, amarula etc.)
• Diversification / beneficiation of biomass sources i.e. sugar,
maize
Business Process Outsourcing and IT Enabled Services
• Call centers
• Back Office Processing
• Shared Corporate Services
• Enterprise solutions e.g. fleet management and asset
management
• Legal process outsourcing
Capital / Transport equipment, metals and electrical machinery and
apparatus
• Basic iron and steel
• Basic precious and non-ferrous metals
• Casting of metals
• Other fabricated metal products: metalwork service activities
• General purpose machinery
• Tooling manufacturing
• Foundries
• Electric motors, generators and transformers
• Electricity distribution and control apparatus
• Insulated wire and cable
• Accumulators, primary cells and primary batteries
• White goods and associated components
Electro Technical
• Advanced telecommunications
• Software development
• Software and mobile applications
• Smart metering
• Embedded software
• Radio frequency identifications
• Process control, measurement and instrumentation
• Security and monitoring solutions
• Financial software
• Manufacturing sensors
• Digital TV and Set Top Boxes due to migration to full digital
television
Textile, Clothing and Leather
• Spinning, weaving and finishing of textiles
• Knitted and crocheted fabrics and articles
• Wearing apparel except fur apparel
• Dressing and dying of fur
• Leather skins and hides beneficiation
• Consumer goods
• White goods and associated components
Boatbuilding
Boatbuilding and associated services industry
• Engines and engine systems
• Marine equipment and accessories
Pulp, paper and Furniture
• Manufacture of wood and products of wood and cork
• Manufacture of articles of straw and plaiting materials
• Manufacture of paper products: publishing, printing and
reproduction
• Paper and paper products and furniture
Automotives and Components
• Engines, radiators, filters and components thereof
• Air conditioners / climate control systems
• Alarms and Tracking devices
• Axles, transmission shafts
• Body parts and panels
• Catalytic converters, silencers and exhaust systems and
components
• Seats and parts thereof, seatbelts, leather covers
• Suspension and shock absorbers, springs and parts thereof
• Steering wheels, columns and boxes
• Ignition, starting equipment, gauges and instrument parts
• Lighting equipment
• Wiring harnesses, instrument panels vehicle interiors,
electronic drive train components,
• Body parts
Green Economy Industries
Power generation:
• Independent power generation, energy infrastructure and
alternative energy
• Nuclear Build Programme i.e. joint ventures, consortiums and
the establishment of new companies to grow South Africa’s nuclear
manufacturing capability and nuclear supply industry to supply into
the nuclear build programme
Renewable Energy:
• Onshore wind power ` manufacture of turbines/blades
• Solar PV and Concentrated Solar Power manufacture/assembly
• Biomass
• Small hydro
• Energy efficiency and energy saving industries
• Solar water heaters
• Waste Management and Recycling
• Reducing landfill
• Lowering greenhouse gas emis
• sions from landfill sites
Advanced Manufacturing
• Nano-materials
• High performance materials based on natural resources
(advanced bio-compositesAdvanced materials, polymers and composites
• Medical devices, diagnostics and composites
• Space e.g. satellite manufacturers etc. and astronomy e.g.
SKA, telescopes, dishes etc.
• Composites (intelligent textiles used in medical, building and
construction industries)
• Continuous fibre reinforced thermoform composites
• Biochemical and biologics for applications in agriculture,
industry and health/medicalsectors
• Electricity demand Site Management Solutions to improve
electricity efficiency usage
• Lasers and laser-based additive manufacturing various
applications
• Advanced Robotics Mobile Intelligent Autonomous Systems
• Applications in the mining industry, data collection and
analysis
• Bio ` manufacturing ` Biochemical and biologics for
applications in agriculture, industryand health/medical
• Fuel cells and Technology
Tourism infrastructure
• Accommodation ` hotels, boutique hotels, lodges and resorts
• Urban integrated tourism/ entertainment precincts
• Adventure, ` eco-, sport-, conference- and cultural tourism
• Infrastructure developments
• Leisure complexes and world class golf courses
• Harbour and waterfront developments
• Trans frontier conservations areas
• Tourism transport ` aviation, rail, cruise liners etc.
• green building and green technologies for tourism attractions
and activity ` based tourism, museums and heritage
Chemicals, plastic fabrication and pharmaceuticals
• Basic chemicals
• Water treatment chemical products
• Man-made fibres
• Plastic products: polypropylene and polyvinculchloride
• Medical (drips and syringes), manufacture of active
pharmaceutical ingredient
• (APIs) for key anti-retrovirals (ARVs)Manufacture of reagents
for AIDS/HIV diagnostics
• Production of vaccines and biological medicines
Creative and Design Industry
• Film studios, treaty film co-production ventures, distribution
infrastructure
• Servicing of foreign productions
• Production of film and documentaries, commercials, stills
photography and Multi-media
• Post-production
• Design
• Jewellery manufacturing and design
• Fashion design
Oil and Gas
• Maintenance ship and rig repair
• Fabrication ` equipment and specialised components
• Specialised services ` training and accreditation
• Specialised services ` non-descriptive testing, inspection
services, SHEQ services
• Exploration ` technical services: seismic surveys, logging,
environmental impact assessments, etc.
• Exploration ` offshore
• Exploration ` onshore shale gas
• Exploration ` onshore coal bed methane and underground coal
gasification
• Infrastructure ` refineries (Oil and GTL)
• Infrastructure ` terminals LPG/LNG import, storage and
distribution
• Infrastructure ` ports and associated infrastructure
• Infrastructure ` storage
• Logistics ` pipeline
Mineral beneficiation
Downstream processing and value addition
Infrastructure Development
ICT
• IT
• Wireless and Telecom
• Electronics
• Geoamatics and Digital media
• Software Development
• Advanced programming
www.samigration.com



News Articles

Business Visa Waiver Applications for South Africa

Source: SA migration, 18/10/2021

The normal requirement for a business visa dictates a cash investment
of R5 million rand or capital equivalent (in the form of new machinery
or equipment.
Certain business types can however apply for a waiver to reduce this
stipulated investment amount.
The process for applying for a business visa waiver will mean the
formation and presentation of a business plan. The business waiver
application will be judged on the various factors in this business
plan including:
• Contribution to economy.
• Feasibility of business.
• Jobs created for South African citizens or permanent residency
holders.
• Desirability of the business.
Most importantly, the business visa waiver application, will have to
demonstrate that the business fits into one of the below categories.
Business Visa waiver applications that may apply for a waiver (by
category)
Agro-processing
• Fisheries and aquaculture i.e. freshwater aquaculture and
marine culture
• Food processing in the milling and baking industries
• Beverages viz. fruit juices and the local beneficiation,
packaging and export of indigenousteas
• High value natural fibres viz., organic cotton and downstream
mohair production
• High value organic food for the local and export market
• Biofuels production viz. bioethanol and biogas
• Processing of seed oils: tea extracts, including buchu,
honeybush: and other oil derivatives(avocado, amarula etc.)
• Diversification / beneficiation of biomass sources i.e. sugar,
maize
Business Process Outsourcing and IT Enabled Services
• Call centers
• Back Office Processing
• Shared Corporate Services
• Enterprise solutions e.g. fleet management and asset
management
• Legal process outsourcing
Capital / Transport equipment, metals and electrical machinery and
apparatus
• Basic iron and steel
• Basic precious and non-ferrous metals
• Casting of metals
• Other fabricated metal products: metalwork service activities
• General purpose machinery
• Tooling manufacturing
• Foundries
• Electric motors, generators and transformers
• Electricity distribution and control apparatus
• Insulated wire and cable
• Accumulators, primary cells and primary batteries
• White goods and associated components
Electro Technical
• Advanced telecommunications
• Software development
• Software and mobile applications
• Smart metering
• Embedded software
• Radio frequency identifications
• Process control, measurement and instrumentation
• Security and monitoring solutions
• Financial software
• Manufacturing sensors
• Digital TV and Set Top Boxes due to migration to full digital
television
Textile, Clothing and Leather
• Spinning, weaving and finishing of textiles
• Knitted and crocheted fabrics and articles
• Wearing apparel except fur apparel
• Dressing and dying of fur
• Leather skins and hides beneficiation
• Consumer goods
• White goods and associated components
Boatbuilding
Boatbuilding and associated services industry
• Engines and engine systems
• Marine equipment and accessories
Pulp, paper and Furniture
• Manufacture of wood and products of wood and cork
• Manufacture of articles of straw and plaiting materials
• Manufacture of paper products: publishing, printing and
reproduction
• Paper and paper products and furniture
Automotives and Components
• Engines, radiators, filters and components thereof
• Air conditioners / climate control systems
• Alarms and Tracking devices
• Axles, transmission shafts
• Body parts and panels
• Catalytic converters, silencers and exhaust systems and
components
• Seats and parts thereof, seatbelts, leather covers
• Suspension and shock absorbers, springs and parts thereof
• Steering wheels, columns and boxes
• Ignition, starting equipment, gauges and instrument parts
• Lighting equipment
• Wiring harnesses, instrument panels vehicle interiors,
electronic drive train components,
• Body parts
Green Economy Industries
Power generation:
• Independent power generation, energy infrastructure and
alternative energy
• Nuclear Build Programme i.e. joint ventures, consortiums and
the establishment of new companies to grow South Africa’s nuclear
manufacturing capability and nuclear supply industry to supply into
the nuclear build programme
Renewable Energy:
• Onshore wind power ` manufacture of turbines/blades
• Solar PV and Concentrated Solar Power manufacture/assembly
• Biomass
• Small hydro
• Energy efficiency and energy saving industries
• Solar water heaters
• Waste Management and Recycling
• Reducing landfill
• Lowering greenhouse gas emis
• sions from landfill sites
Advanced Manufacturing
• Nano-materials
• High performance materials based on natural resources
(advanced bio-compositesAdvanced materials, polymers and composites
• Medical devices, diagnostics and composites
• Space e.g. satellite manufacturers etc. and astronomy e.g.
SKA, telescopes, dishes etc.
• Composites (intelligent textiles used in medical, building and
construction industries)
• Continuous fibre reinforced thermoform composites
• Biochemical and biologics for applications in agriculture,
industry and health/medicalsectors
• Electricity demand Site Management Solutions to improve
electricity efficiency usage
• Lasers and laser-based additive manufacturing various
applications
• Advanced Robotics Mobile Intelligent Autonomous Systems
• Applications in the mining industry, data collection and
analysis
• Bio ` manufacturing ` Biochemical and biologics for
applications in agriculture, industryand health/medical
• Fuel cells and Technology
Tourism infrastructure
• Accommodation ` hotels, boutique hotels, lodges and resorts
• Urban integrated tourism/ entertainment precincts
• Adventure, ` eco-, sport-, conference- and cultural tourism
• Infrastructure developments
• Leisure complexes and world class golf courses
• Harbour and waterfront developments
• Trans frontier conservations areas
• Tourism transport ` aviation, rail, cruise liners etc.
• green building and green technologies for tourism attractions
and activity ` based tourism, museums and heritage
Chemicals, plastic fabrication and pharmaceuticals
• Basic chemicals
• Water treatment chemical products
• Man-made fibres
• Plastic products: polypropylene and polyvinculchloride
• Medical (drips and syringes), manufacture of active
pharmaceutical ingredient
• (APIs) for key anti-retrovirals (ARVs)Manufacture of reagents
for AIDS/HIV diagnostics
• Production of vaccines and biological medicines
Creative and Design Industry
• Film studios, treaty film co-production ventures, distribution
infrastructure
• Servicing of foreign productions
• Production of film and documentaries, commercials, stills
photography and Multi-media
• Post-production
• Design
• Jewellery manufacturing and design
• Fashion design
Oil and Gas
• Maintenance ship and rig repair
• Fabrication ` equipment and specialised components
• Specialised services ` training and accreditation
• Specialised services ` non-descriptive testing, inspection
services, SHEQ services
• Exploration ` technical services: seismic surveys, logging,
environmental impact assessments, etc.
• Exploration ` offshore
• Exploration ` onshore shale gas
• Exploration ` onshore coal bed methane and underground coal
gasification
• Infrastructure ` refineries (Oil and GTL)
• Infrastructure ` terminals LPG/LNG import, storage and
distribution
• Infrastructure ` ports and associated infrastructure
• Infrastructure ` storage
• Logistics ` pipeline
Mineral beneficiation
Downstream processing and value addition
Infrastructure Development
ICT
• IT
• Wireless and Telecom
• Electronics
• Geoamatics and Digital media
• Software Development
• Advanced programming
www.samigration.com



News Articles

Asylum seekers can apply for distress grant for caregivers

Source: ENCA, 18/10/2021

Unemployed carers of child grant recipients who don’t have identity
documents can apply for the COVID-19 special relief of distress grant,
They can use their SASSA system-generated ID number
JOHANNESBURG - Asylum seekers and unemployed carers of child grant
recipients who don’t have identity documents can apply for the COVID-19
special relief of distress grant.
They can use their Sassa system-generated ID number.
Sassa spokesperson Paseka Letsatsi said, `I think, the intention here is
to make sure that especially asylum seekers who do not necessarily have
the ID number with them, because we can recall that if you come to South
Africa from outside and coming here without the necessary
documentation.`
`These are the people who have gone to Home Affairs made an application
to be refugees so we are trying to make sure that we accommodate them,
but obviously, you must go to Home Affairs to make an application send
it to us as Sassa and we will generate a unique number which is given to
you it basically ends with…and then that number then you can be able to
use to make an application to access the R350 grant.
www.samigration.com



News Articles

Zimbabweans in South Africa face uncertain future over ZEP status

Source: Daily Vox, 18/10/2021

Thousands of Zimbabwean permit holders are living in uncertainty
because the South African government has not yet indicated whether it
will renew their permits. It’s difficult to ascertain how many
Zimbabweans there are in South Africa. According to data collected
from Africa Check, the number of migrants from Zimbabwe living in
South Africa is well under a million. And come December 2021,
Zimbabwean permit holders face an uncertain future.
[UPDATE AS OF August 27] In response to questions from The Daily Vox,
the department said an announcement about what happens with the
Zimbabwe Exemption Permit after 31 December 2021 will be made in due
course.
[Update as of August 25] VFS Global has told The Daily Vox their role
is limited to the administration of the permit. They schedule
appointments, accept applications and fees, enrol in biometrics and
submit applications to the department. The adjudication of the permit
applications is done by the department. VFS Global has no role in the
decision making process, they said.
What is a ZEP?
The ZEP was a permit issued to Zimbabweans who had a valid Zimbabwean
Special Permit (ZSP). On September 8, 2017 the South African
government issued a statement by then home affairs minister Hlengiwe
Mkhize about the closure of the (ZSP). Minister Mkhize announced the
opening of the new Zimbabwean Exemption Permit (ZEP). Before the ZSP,
there was the Zimbabwean Special Dispensation permit.
With the deadline approaching for the ZEP, the department has not
mentioned what will happen next.
The ZEP permits were issued for a maximum period of four years. They
begin on January 1, 2018 and are set to expire on December 31, 2021.
An administrative fee of R1090 was charged to ZSP permit holders that
wanted to remain in South Africa.
The permits and applications centres are managed by VFS Global for the
Department of Home Affairs (DHA). Applicants are required to submit a
completed application form and supporting documents online through the
VFS global website.
Applicants were required to make an appointment at the VFS Global
application centre and attend this appointment in person to complete
the application process and submit their biometrics. Minors did not
need to attend the submission process. Applicants are required to
provide their valid Zimbabwean passport and copies of the permit along
with other supporting documents.
There are three categories of people who are allowed to apply. People
are allowed to apply for work, if they own a business and if they are
studying. Each of the categories require a letter from the relevant
institutions.
The ZEP conditions state that the permit “does not entitle the holder
the right to apply for permanent residence irrespective of the period
of stay in the RSA.” It also states that “ZEP permits will not be
renewable/extendable.”
How does it affect people?
The Daily Vox spoke to David, a Zimbabwean man, about his concerns
regarding the status of ZEP permit renewal. David is a delivery driver
at a stationery company and lives in Cape Town with his wife and three
children. He has been living in South Africa for 18 years.
“I started with an asylum seeker permit before I got the ZDP, ZSP and
the ZEP. I’m anxious about the permits not being renewed because my
livelihood is at risk,” he said. David said he needs to provide for
his family. However, without a valid permit, he is at risk of losing
his job and his bank accounts could be frozen.
“My children who also have ZEP permits that entitle them to conduct
studies, will also be at risk of losing access to their education. I
am fearful and anxious about the future,” said David.
www.samugration.com



News Articles

Home affairs minister abdicates his duties

Source: Mail and Guardian, 18/10/2021

In the scheme of South Africa’s immigration legislation, the minister
of home affairs has specific roles to play as a decision-maker. While
his delegates in home affairs fulfil his functions, he can never
divest himself of his legislative powers.
Many of the decisions the minister is tasked to make can irreversibly
alter the lives of the parties involved. The minister is the decision-
maker of last resort in the administrative appeals process.
South Africa’s immigration regulations are made and published by the
minister. Visa exemptions for citizens of foreign countries, enabling
them to freely enter South Africa, are granted by the minister. The
immigration inspectorate carries out its duties with directions from
the minister.
But, perhaps most importantly, the minister has the express authority
to exempt foreigners from the rights of residence for indefinite or
limited periods of time, when special circumstances exist that would
justify such a decision. Section 31(2)(b) of South Africa’s
Immigration Act accords the minister this power.
The objectives of South Africa’s immigration system are clearly set
out in the Immigration Act’s preamble.
Among these is the condition that “immigration control is performed
within the highest applicable standards of human rights protection”,
and that a human rights-based culture of enforcement is promoted.
The Roman poet Horace once exclaimed ` rather more poetically ` that
people tended to take their troubles wherever they went. South Africa
is no less a receptacle of
troubled foreigners than anywhere else.
But this country does have a constitutional obligation to meet the
needs of people, whoever they are. Our immigration enforcement
authorities are obliged to deal with whichever problems foreigners in
South Africa face, in a manner that meets “the highest applicable
standards of human rights protection”, to quote the Act.
The minister has miserably failed to exercise his power in the
granting of residence exemptions, leaving constitutional imperatives
to hang like rotten fruit on a tree.
In one such case in 2018, a German was confronted with an abandoned
infant on her doorstep, and undertook to foster the child. She visited
the children’s court and was given a limited time frame in which to
obtain permanent residence to become a legal foster parent.
The ministerial office neglected to respond to her application for a
permanent residence exemption, despite it being a matter of paramount
urgency. The applicant had to resort to obtaining a court order.
Without having gone to the Western Cape high court, the special
circumstances surrounding this woman’s application would never have
been acknowledged.
Since Malusi Gigaba took office on May 26 2014 (the day the last
legislative amendments came into force) applications for ministerial
exemptions `even under the most dramatic of circumstances where the
welfare of children, the elderly, and the sick have been at stake `
have seen the minister fail to act.
Gigaba has since been replaced by Siyabonga Cwele.
In another case, an epileptic South African woman fell and experienced
a brain injury. She spent weeks in a coma in hospital and a Zimbabwean
woman was employed to nurse her. After her discharge, the nurse’s
employment continued. She lived and slept in the woman’s bedroom for
several years, attending to her every need.
Work visas were obtained for the nurse until the new immigration rules
came into force, making it near impossible for her to get legal
permission to continue working. A department of labour certification
waiver was denied because the department ` on behalf of the minister `
did not see that the welfare of this woman mattered.
Exactly two years ago, an application for a permanent residence
exemption was made to the minister. There has been no acknowledgment
of the application. It has been met with silence.
Section 31(2)(b) of South Africa’s Immigration Act is a lifesaver,
precisely because the parliamentary framers of that section were alive
to the frailties of the human condition. The Act requires human
problems to be dealt with empathetically, effectively and speedily,
within the constructs of our constitutional Bill of Rights and the
preamble of the Act.
Every immigration system that operates within a constitutional order
must retain sufficient flexibility to respond to the needs of people.
This principle is enshrined in section 195(1) of South Africa’s
Constitution.
Instead, the minister has run away. Permanent residence exemption
applications are dealt with by departmental functionaries, who do not
understand the constitutional democratic order in which such
applications are made. Applications linger for years and die from pure
delay.
The minister’s abdication is a death knell for any living system of
immigration control. The ministerial office, it appears, has been
vacated.
www,samigration.com



News Articles

Citizenship case reveals chaos at Home Affairs as it battles 8,000 lawsuits

Source: Daily Maverick, 19/10/2021

A case brought before court on behalf of a group of stateless people,
claiming that they lost their South African citizenship by descent
when the law was changed, has revealed absolute chaos at the
Department of Home Affairs, which had to send a heavyweight legal team
to the Constitutional Court on 13 February 2020 to plea for permission
to have another chance to overturn a court order they claim will open
the floodgates to millions of people who want citizenship to access
grants.
From being too busy to blaming an intern to citing workloads and wrong
advice being given, the Department of Home Affairs filled pages with
explanations, and apologies in papers filed before the Constitutional
Court explaining why they didn’t file papers in two years, in a case
they now claim will “open the floodgates”, for people wishing to gain
South African citizenship to access government grants.
On Thursday, 13 February 2020, the Constitutional Court heard an
application by Lawyers for Human Rights to confirm an order by the
Pretoria High Court that parts of the South African Citizen Act were
unconstitutional as it fails to recognise citizenship acquired by
descent in terms of the previous legislation.
The organisation represents a group of people, all born outside of
South Africa to a South African parent. They all claim to have been
deprived of their citizenship when the legislation was changed and
that this left them stateless as their births were not registered in
time ` but the law afforded citizenship to them because one of their
parents was South African.
The new law took this citizenship away because their births were not
registered before 2013 when the law changed ` as the new law, as
described by attorney Liesl Muller in papers before court, put them in
an unintentional “no man’s land”.
The four applicants are Yamikani Vusi Chisuse, 30, Martin Ambrose
Hoffman, 49, a 12-year old child and Amanda Tilma, 50. The department
denies in papers before court that they will qualify for citizenship
even if their citizenship by descent is reinstated by a court order,
saying that there are factual discrepancies in their versions.
Lawyers representing the group first approached the Pretoria High
Court in September 2016. The matter was set down for a hearing on May
2017, but home affairs failed to file an affidavit explaining their
position. They did indicate that the matter will be opposed. The
matter was postponed and the department was ordered to file their
papers within 20 days. This wasn’t done.
Two years went by. When Lawyers for Human Rights finally set the
matter down for hearing, the department asked the court for a
postponement to file their affidavit. This was refused and the court
heard the matter unopposed. This led to parts of the South African
Citizen Act being declared unconstitutional and the court ordering
that four of the applicants be given citizenship.
In an affidavit explaining their shocking handling of the matter filed
before the Constitutional Court, the acting director-general for home
affairs, Thulani Mavuso apologised to the court for their handling of
the matter, but asked the court to overturn the order of the Pretoria
High Court to send the matter back to hear evidence.
Mavuso, the acting director-general of the department, said they are
now confronted by between 8,000 and 10,000 cases in courts all over
the country and receive 150 new cases a week. He said their
directorate of litigation only has five members and each needs to
handle 1,200 cases. “This workload makes it practically impossible to
perform the services with the efficiency required. This is due to
budgetary constraints in government,” he said.
He said he didn’t even know about the case before the Pretoria High
Court.
“I accept that the matter has not been dealt with properly by
officials of the department. On that score, the conduct of the
officials failed not only this court, but the applicants and society
at large. I accept that the state respondents and the state attorney
handled the matter in the most inefficient and ineffective manner.
This conduct undermines the legitimacy of both the judiciary and the
state.”
He said they accepted that the rights of the applicants in the current
case were “openly violated”, by the department and showed disdain for
the law. “I concede this is unacceptable.”
He said for the court to allow the applicants to claim citizenship by
descent will be “an insult to the Black South Africans and architects
of the Constitution of the Republic of South Africa”, and have a
disastrous effect on the country’s stability.
“The Citizenship Amendment Act seeks to put a final nail on the
racist, sexist and discriminatory 1949 Act and to correct the
legislative anomalies of the 1995 Act. The surviving provision of the
1949 Act, which allowed children of foreigners to claim citizenship of
South Africa under the 1949 Act, had disastrous consequences for the
stable and democratic citizenship regime in South Africa. Moreover,
the relevant provision of the 1995 Act, which entrenched the 1949 Act,
opened the floodgates for the foreigners to claim citizenship in order
to access the privileges and benefits flowing therefrom. It is
estimated that there are approximately 17-million grant beneficiaries
as opposed to 15.5-million taxpayers in South Africa,” he added.
He said allowing foreign persons who desire to live and work in South
Africa to claim citizenship by descent may lead to uncontrolled
fraudulent citizenship.
“This is precisely the mischief the legislature intended to address
when it amended the 1995 Citizenship Act. South Africa is today a
great place to live in and many people in the world aspire to live,
work, or to be the citizens of South Africa. As a result, many
foreign nationals come to South Africa and stay in the country
illegally. No one can account for every undocumented migrant,” he
added. “The department has no idea how many illegal immigrants are in
South Africa.”
The applicants before court were born to South African parents in
Malawi, Zimbabwe and Ghana before legislation changed, but their
births were not registered.
According to Mavuso, they originally only realised that there was a
case about this issue when one of their officials raised a concern
over a cost order made against the department. He said the notice of
the hearing was served on an intern and nothing was done about it.
He admitted that they received correspondence warning that the matter
will be set down on the unopposed role unless an affidavit is filed.
He said a few months after they defaulted on filing an affidavit, the
department’s junior counsel and the state attorney were called into
the deputy judge president’s chambers and “severely reprimanded”. He
said they were ordered to file an affidavit within a month.
Mavuso explained that as part of their internal procedures, they still
had to interview the applicants as part of their internal process, but
officials couldn’t do it in time. The applicants were then asked to
come to home affairs to have their births registered and the matter
should be removed from the role. This was erroneous advice he said,
but nothing happened in any case and their affidavit was also not
filed in accordance with the court’s directive.
He said when the order declaring parts of the law unconstitutional was
served, the official dealing with the matter was on leave. She only
returned 15 days later. He said the director of litigation also
resigned six months later. “This had a negative impact on most of the
matters in which he was involved.”
“The attorney of record is currently handling almost 700 pending
cases. This, however, cannot be an excuse for the conduct of the
state attorney and officials of the DHA in this matter.”
In papers before the Constitutional Court, Advocate Isabel Goodman,
acting for the applicants, explained that the case dealt with
citizenship by descent.
She added that the applicants acquired a right to citizenship by
virtue of their parenthood, but because of changes between the various
statutes, they have been deprived of their right and ability to
acquire citizenship, and the problem was that the law did not preserve
citizenship acquired by descent under predecessor legislation. “The
section only saves citizenship acquired by birth. Those who acquired
citizenship by parenthood under predecessor legislation are,
overnight, no longer citizens.”
She argued that the department could not offer any real justification
for these infringements and added that, in fact, they didn’t even
bother to file an affidavit despite a two-year delay and an order
directing it to do so.
A four-person legal team led by advocate Seth Nthai SC argued on
behalf of the department that none of the legislation conferred an
automatic right to citizenship. He added that the law does not apply
retrospectively. He said if the court believed the laws to be
unconstitutional, the law should be sent back to Parliament for an
amendment in line with the current policy considerations.
www.samigration.com



News Articles

Children born abroad with one South African parent have right to citizenship

Source: ConCourt, 19/10/2021

• The Constitutional Court finalised a seven-year legal battle
fought by Lawyers for Human Rights on behalf of four people born to SA
parents outside the country.
• The case centred on the Citizenship Amendment Act of 2010 and
how it applied to people born outside of South Africa before January
2013.
• Justice Sisi Khampepe slammed the Department of Home Affairs,
describing its conduct in the matter as `brazenly incompetent`.
Children born in other countries are entitled to South African
citizenship as long as one parent is South African, the Constitutional
Court has ruled.
A seven-year legal battle is finally over and the court has ruled that
the Department of Home Affairs must immediately recognise as citizens
Yamika Chisuse, born in 1989 in Malawi; Martin Ambrose, born in 1970
in Zimbabwe; Amanda Tilma, born in 1969 in Zimbabwe; and Emma Dullart,
born in 2006 in Accra.
The ruling by the court has cleared up any confusion about the
country`s citizenship by descent laws, which were interpreted by Home
Affairs to mean that nobody born in other countries after 2013
qualified for citizenship, irrespective of whether their parents were
South Africans, GroundUp reported.
Represented by Lawyers for Human Rights, the applicants started
negotiations with the department in 2013 and first went to court in
2016.
The department failed to file opposing papers and it was finally set
down to be heard in May 2019.
The department asked for a further postponement, but this was refused
and the matter was heard unopposed.
The applicants claimed that the Citizenship Amendment Act of 2010
(which came into effect in 2013) was not being applied
retrospectively, resulting in `wholesale deprivation of citizenship
rights overnight`.
They said the provisions of the Act did not provide for anyone born
outside of South Africa to a South African parent before January 2013
to obtain citizenship.
`Risks of statelessness`
The Gauteng High Court in Pretoria ruled in their favour, declaring
sections of the act unconstitutional.
But the Constitutional Court has now declined to ratify this, saying
that the act was misinterpreted.
In a unanimous ruling handed down this week, Judge Sisi Khampepe said
the issue surrounded the wording in the act which stated `any person
who is born`.
This was interpreted to mean only those born after 2013.
The judge said the only reasonable and constitutional compliant
construction of the text was that it included all persons, born
yesterday, today and tomorrow.
`An interpretation that favours a prospective-only operation in this
instance effectively abolishes existing rights.
`Moreover, a finding that the section only applies prospectively would
have the effect of excluding not only the vast majority of those who
had acquired citizenship by descent, but also those who, like the
applicants in this matter, are excluded from the ambit of the section
merely by the date of their birth,` said Khampepe.
Khampepe said:
This interpretation would also expose some individuals to the risks of
statelessness and it would be contrary to the spirit and purpose of
the legislation, which seeks to widen the pathways to South African
citizenship rather than narrow them.
`Brazenly incompetent`
The judge labelled the department`s conduct `brazenly incompetent`.
While it had belatedly, before the Constitutional Court, conceded to
an interpretation of the act that would recognise the applicants as
citizens, it had continued to oppose the application on a `factual
basis`.
`The ordinary rule is that costs follow the results and the applicants
have been unsuccessful in confirming the order of invalidity.
`But clearly this case encompassed more than that ` it was about
vindicating the citizenship rights of the applicants who have been
dragged from the proverbial pillar to post by the government`s
intransigence, indifference and inefficiency.
`The applicants have been successful in vindicating these rights and
are entitled to their costs for the significant and prolonged
litigation.
`The documents must be issued as soon as possible. They have already
suffered greatly by the dilatory conduct of the government and there
is no reason why they should continue to be at their mercy.`
Liesl Muller of Lawyers for Human Rights said the case was about one
simple thing ` dignity.
`The application was opposed to the bitter end, this despite two of
the applicants providing DNA evidence of their link to a South African
parent and two others having government-issued proof of their links.
`Our clients expressed overwhelming relief … It may have been a seven-
year legal battle; for them it has been a life-long struggle.`
www.samigration.com



News Articles

Motsoaledi comes down hard on Home Affairs staff telling public `they`ve served more than enough for the day`

Source: Cape times News, 20/10/2021

Cape Town - Home Minister Aaron Motsoaledi has slammed the conduct of
staff who cut queues and send people home because there were already
“more than enough people to serve for the day”.
Recently, frustrated residents protested outside the Mitchells Plain
Home Affairs office after they were told the office could only assist
100 people a day.
Community activist Richard Williams said people were furious they
could not get assistance after arriving and queueing at the office
from as early as 4am.
“What happened was that they only helped 100 people at a time. And the
people were very unsatisfied because they have to pay twice now for
travelling from their homes to the offices, and when they reach 100,
they say they are done, and people now have to return home,” he said.
Motsoaledi said on Monday it was a wrong practice of sending people
home at 7am.
“We want to emphasise that there is no government policy that provides
for that, and members of the public should not be treated like that.
Where it happens, members of the public must challenge it, take down
the name of the official who wants to send them home and raise it with
the office manager,” said Motsoaledi.
He made the comments when the department announced that the high
demand for services at Home Affairs offices has the approval of a
temporary extension of operating times by two and a half hours at
front offices from 8am to 5.30pm from on Monday.
The temporary extension is meant to resolve congestion at the
identified offices, which increased over the last two weeks, and this
intervention will be supported by the 100% return of staff in all
offices, said the department.
Out of the 412 Home Affairs offices, 197 were modernised Live Capture
offices which can process Smart ID Cards and passports. These are the
offices that will operate for extended hours because that is where the
high demand is being experienced.
“The Deputy Minister and I have been receiving a lot of complaints
from irate citizens across the country. Most of these people have
complained about a bad practice by some Home Affairs offices, where
queues are cut and people sent home presumably because there are
already more than enough people to serve for the day,” said
Motsoaledi.
He said the only people who will be sent home are those arriving after
5.30pm.
“Everybody who arrives before 17:30 should be served and not turned
away. Home Affairs exists to deliver enabling documents to people. We
can’t turn away people who are looking for public services if they
arrive within the stipulated hours of work,” said Motsoaledi.
In the unfortunate event of the system being off-line, the department
said it would ensure quick intervention.
“We appeal to members of the public to understand because this is
something beyond our control. Senior managers will visit offices
unannounced to monitor operations on the ground,” said the department.
www.samigration.com



News Articles

Supreme Court of Appeal gives eight Somalis seeking asylum fresh hope

Source: Pretoria News, 20/10/2021

Pretoria - Refugees are mothers, fathers, sisters, brothers, children,
with the same hopes and ambitions as us ` except that a twist of fate
has bound their lives to a global refugee crisis on an unprecedented
scale.
This is according to renowned author Khaled Hosseini, who was quoted
by the Supreme Court of Appeal (SCA) in its judgment in which it came
to the aid of the Somali Association of South Africa and eight of its
members, who are desperately trying to obtain refugee status.
The eight Somalis earlier failed in their bid before Home Affairs to
obtain refugee status despite claims that they will face persecution
and perhaps even death if they were sent back to their country of
birth.
They also failed in their Gauteng High Court, Pretoria, bid, where
Judge President Dunstan Mlambo had earlier turned down their
application to be awarded refugee status.
Five appeal court judges accepted that there was a legitimate State
interest and concern to ensure that refugee status was granted only to
those who qualified, and to disqualify unfounded applications.
In the case of persons who came to the country to seek asylum and
those who might ultimately qualify for refugee status, the SCA also
quoted Pope Francis. “Migrants and refugees are not pawns on the
chessboard of humanity. They are children, women and men who leave or
who are forced to leave their homes for various reasons, who share a
legitimate desire for knowing and having, but above all for being
more.”
Judge Mahomed Navsa, who wrote the SCA judgment, commented that
international TV news channels and other media regularly featured
images of refugee crises unfolding in many parts of the world with the
attendant human cost.
“The relatively recent stark image of the body of a 3-year-old toddler
on a Turkish beach after fleeing from war in Syria springs to mind.
The scepticism, to which State authorities and decision-makers are
sometimes prone in relation to applications for refugee status, should
be tempered by what is set out above (in the quotes).”
The judge added that the prescripts of domestic legislation also
played a role.
The SCA held that the decisions of the courts, Constitution, and
international practice as reflected in the UN High Commissioner for
Refugees handbook, all dictating that an asylum seeker should be
assisted to present such a full picture of their circumstances as
possible.
The court found that the Home Affairs’ refugees board did not totally
consider the eight Somalis’ circumstances before it rejected their
applications.
Each of the applicants told the court why they feared returning to
Somalia.
The only woman in the group said her home was hit by a grenade during
2006, killing two of her eight children and leaving her with severe
injuries. After she was discharged from hospital, she decided to leave
Mogadishu and moved south, near the town of Dhobley, where there were
also ongoing battles.
She was subsequently injured in an explosion in Dhobley.
In 2008, she moved once again to a camp of internally displaced
persons.
The combination of civil war, the constant danger of injury and death
and severe deprivation compelled her and her two daughters to leave
Somalia. They arrived in South Africa in May 2010, she said.
The Supreme Court, meanwhile, ordered that the Refugee Appeal Board
had to reconsider their refugee status by the latest on Monday.
www.samigration.com



News Articles

SA rises 8% in brand value, maintains position in top 50 most valuable nation brands

Source: Bizcommunity, 20/10/2021

Despite the backdrop of Covid-19 and the nation`s longest recession in
nearly three decades, South Africa has recorded an 8% rise in brand
value to $175bn to maintain its position in the top 50 most valuable
nation brands, according to the latest Brand Finance Nation Brands
2021 report.

The nation imposed some of the strictest lockdown measures in the
world to combat the pandemic, which resulted in nearly all of its
industries recording a drop in output ` with construction,
manufacturing and mining being some of the worst hit sectors. That
being said, the economy has begun to rebound and is expected to
continue to grow, largely driven by domestic demand and commodity
exports. The government has also announced it would be investing in
more than 50 special infrastructure projects to increase employment
and kickstart the economy.

Jeremy Sampson, MD, Brand Finance Africa, commented: “There are mixed
fortunes for African nation brands this year. Nigeria, Egypt, Kenya,
and Morocco have edged up the ranking, with Sudan also making its
debut in 83rd. However, South Africa, Ghana, Ethiopia, Angola, and
Tanzania have ranked lower than last year. Nevertheless, as moves to
unify African trade are making positive headway, we can expect
improvement moving forward in the continent’s nation brands as Africa
continues to rise on the global stage.”
Total brand value of top 100 up 7%
The top 100 most valuable nation brands in the world have recorded a
7% increase in brand value since 2020, signalling that recovery is
underway from the Covid-19 pandemic, according to the latest Brand
Finance Nation Brands 2021 report.

Although this is a positive sign, uncertainty lingers and nation brand
values have not reached pre-pandemic levels yet. At US$90.8 trillion,
this year’s total brand value of the top 100 ranking is still 7% lower
compared to 2019.

David Haigh, chairman and CEO, Brand Finance, commented: “Unlike
previous economic crashes, recovery is uneven and is pinned on the
combination of initial Covid-19 response strategies and a successful
vaccination rollout. We are starting to turn a corner, as the world’s
most valuable nation brands begin to return to pre-pandemic brand
values. But results are varied, and it may take years for some to
recoup lost brand value, creating even greater disparity between the
most and least valuable nation brands.”
US and China lead the pack

There has been no movement in the top 10 this year, with each nation
retaining its rank from last year. All the top 10 have recorded a
modest uplift in brand value, however, in line with the global trend
across the ranking.

The United States and China remain in a league of their own, claiming
the first and second spot in the ranking, respectively. The US has
recorded a 5% brand value increase to $24.8tn in a year that has been
marked by great political and economic change with President Joe Biden
taking the helm. Similarly, China saw a 6% uptick in nation brand
value to $19.9 tn. Both nations have celebrated economic recovery
since the outbreak of the pandemic, contributing to their uplift in
brand value. China’s economy was the first to recover ` doing so at a
meteoric pace - as the only nation to register positive GDP growth at
the end of 2020 and growing at record pace in the first quarter of
this year.

Many thought that relations would improve between the two superpowers
under Biden’s leadership, following the turbulent Trump years, but
this has not been the case thus far.

Haigh commented: “The superpowers from the West and the East
unsurprisingly dominate the Brand Finance Nation Brands ranking, with
China remaining hot on the heels of long-standing leader, the US. With
China’s recovery and economic rise showing no signs of slowing down,
as growth hit a record high at the beginning of the year, no doubt the
gap will continue to close in the coming years.”
Digital Estonia is world’s fastest-growing nation brand

Recording a 38% brand value growth from last year and outpacing modest
increases across the ranking, Estonia is the world’s fastest-growing
nation brand of 2021. The Baltic state had invested in digital
infrastructure long before the Covid-19 pandemic hit the world. Anyone
around the world can apply for e-residency in Estonia, which allows
them to run an EU-based company online, and a staggering 99% of the
country’s governmental services are offered online.

The advanced digitisation of the country put it on the front foot
during the pandemic. On the same day the government announced a state
of emergency, the Estonian Ministry of Economic Affairs and
Communications launched an online hackathon to identify solutions to
pandemic-induced problems, resulting in a chatbot to answer the
public’s queries and the re-purposing of online platforms to match
volunteers with those in need.

Haigh commented: “Estonia is this year’s fastest-growing nation brand
largely thanks to its world-class digital infrastructure. With some of
the leading economies having their digital shortcomings highlighted
during the pandemic, Estonia’s digital-first model should be one for
others to follow.”
Myanmar and Ethiopia are fastest fallers

In stark contrast, Myanmar and Ethiopia are the fastest-falling nation
brands in the ranking. The unrest across the two countries has caused
significant damage to their nation brand values, which have dropped
26% and 22%, respectively.

Brazil has also suffered a steep decline in brand value as the Covid-
19 pandemic wreaks havoc on its society and economy. The continent’s
largest economy, Brazil has lost 12% of its brand value this year and
dropped out of the top 20 in the Brand Finance Nation Brands 2021.
Famous for its vibrant culture, lifestyle, and sports, Brazil is the
highest-ranked South American nation in the ranking, but the
combination of high COVID-19 cases and damage to the agriculture
sector from severe droughts have caused substantial damage to the
economy.
Switzerland is world’s strongest nation brand

In addition to measuring nation brand value, Brand Finance also
determines the relative strength of nation brands through a balanced
scorecard of metrics evaluating brand investment, brand equity, and
brand performance. The nation brand strength methodology includes the
results of the Global Soft Power Index ` the world’s most
comprehensive research study on nation brand perceptions, surveying
opinions of over 75,000 people based in more than 100 countries.
According to these criteria, Switzerland is the world’s strongest
nation brand with a Brand Strength Index (BSI) score of 83.3 out of
100.

Switzerland’s BSI score has remained stable, while the nations around
it saw theirs take a hit, resulting in Switzerland moving to the top
spot for brand strength. According to Brand Finance’s research, the
Alpine nation saw external perceptions slightly rise following its
strong response to Covid-19. It used a mix of compulsory and non-
compulsory measures during the pandemic to control the spread of the
virus. For example, non-essential businesses had to close, but the
government’s order to stay at home was only ever advisory ` entrusting
the people to make the decision for themselves.

This is reflective of Switzerland’s model of government, with the
public allowed to voice their opinions on laws through frequent
referenda ` last year the population rejected a motion to end its
freedom of movement agreement with the EU and voted to make
discrimination on the basis of sexual orientation illegal.

Haigh commented: “Small size is no barrier to occupying a solid
position for nation brand strength and Switzerland securing the top
spot this year is the perfect example. Switzerland has held firm
whilst other nations have faltered over the course of the pandemic.
The nation has recently been thrust under the spotlight, however, with
the leak of the Pandora Papers, which could taint its reputation as
Swiss financial advisers are scrutinised on the global stage.”
Germany slips to 5th

Last year’s strongest nation, Germany, has dropped down to 5th
position in the brand strength ranking, following a 2.3 point drop in
BSI to 82.6 out of 100. Despite garnering praise on the global stage
for her strong and stable leadership spanning 16 years, Angela Merkel
sees mixed results on home soil. Domestic perceptions are consistently
less favourable across the metrics to their overseas counterparts,
particularly in regard to the Global Soft Power Index Business & Trade
and Influence pillars.
Australia and New Zealand move into top 10

Australia, up five places in the ranking to 6th, and New Zealand, up
seven places to 10th, have both entered the top 10 for brand strength,
with BSI scores of 81.3 and 80.2 respectively. The Australasian
countries were deemed to have handled the early days of the pandemic
extremely well. Both were lauded for their severe lockdowns and quick
reaction to subsequent outbreaks, which resulted in minimal cases and
allowed them to open back up internally considerably earlier than
others.

At the time of our research, both scored well across our data points
with internal and external perceptions of their handling of the
pandemic. However, the vaccine rollout in both countries has lagged
behind their global counterparts, which could hamper their BSI scores
moving forward.
Breaking the Western monopoly

Singapore and the United Arab Emirates have broken the Western
monopoly in the brand strength ranking, claiming 4th and 11th position
respectively. Scoring particularly high for Global Soft Power Index
pillars of Business & Trade and Governance, Singapore continues to
prosper both in the Southeast Asian region as well as globally. The
city-state ` renowned for its high-quality and economically efficient
healthcare ` has already fully vaccinated 82% of the total population.
Singapore is on the right path to achieve the government’s aim of a
“whole new normal”.

The UAE has climbed three spots in the brand strength ranking
following a 2.5-point increase in its BSI score to 79.1 out of 100.
Overseas perceptions of the nation’s prowess in the Education &
Science pillar are high, and the successful Emirates Mars Mission is
clearly a factor. The UAE also stands out for its Covid-19 response,
and scores high for the Influence and Business & Trade pillars, both
of which should see a further boost from Expo 2020 inaugurated in
Dubai this month. The UAE’s continued increases in brand strength and
value are testament to the nation’s strategy of diversifying its
economy for long-term growth.
Covid-19 hurts perceptions of world’s largest economies

At the same time, the UK, US, Japan and France have all fallen out of
the top 10 strongest nation brands ranking due to the perception of
how they handled Covid-19.

The UK, falling from 2nd to 16th with a BSI score of 77.4, and France,
falling from 9th to 18th with a score of 75.4, recorded average Global
Soft Power Index scores for overseas perceptions of their handling of
the pandemic, but perceptions domestically were particularly low.

Japan, falling from 7th to 17th with a score of 76.7, saw a similar
story with the perception at home that the pandemic was mishandled.
However, this is polarised when compared to their perception abroad,
where it achieved some of the highest scores in the Global Soft Power
Index research.

The US, dropping from 4th to 19th with a score of 75.1, saw poor
scores at home and abroad, and was also one of the lowest ranked
nations by the specialists.

Despite their brand strength taking a hit, these nations all still
feature in an unchanged top 10 when ranked by nation brand value.

Haigh commented: “It will be important for the world’s largest
economies to focus on making up the ground they have lost in brand
strength, in order to protect their brand value. The UK, US, Japan and
France have all scored poorly domestically for their handling of Covid
and they need to rebuild this trust with their respective
populations.”

www.samigration.com



News Articles

Unmarried father may register child under his surname without mother’s consent

Source: City Press, 20/10/2021

Home Affairs says that both parents must do the notification of birth.

Retiring Chief Justice Mogoeng Mogoeng has warned that even rapists
who are “curious” about the babies who are born as a result of their
act of violence will be able to go to the department of home affairs
and register the child under their surname.
The Constitutional Court declared section 10 of the Births and Deaths
Registration Act unconstitutional last week, but in a minority ruling
Mogoeng differed from eight other judges.
The Centre for Child Law argued that it was unconstitutional to
prohibit an unmarried father from registering his child’s birth under
his surname at home affairs if the child’s mother is not present.
This is unfair discrimination against the child, the centre said.
In its ruling, the Constitutional Court upheld an earlier ruling of
the Makhanda High Court in favour of a South African father who could
not register his daughter, who was born in Makhanda in 2016, with home
affairs because the South African visa of the mother, a citizen of the
Democratic Republic of Congo (DRC), had expired shortly before birth.
They were previously married in the DRC in accordance with customary
law, but such marriages are not registered in the DRC. Home affairs
considered the couple unmarried.
Acting Judge Margaret Victor said in the majority ruling that there
were cases where consent, for whatever reason, could not be obtained
from the mother.
There are cases where the mother disappears and the child is left with
the father.
The law also does not provide for cases where one parent is a South
African and the other a foreigner without a valid passport or visa.
Victor said the security measures in the law were adequate.
Regulations in the law require, among other things, an identity
document, fingerprints and the child’s biometric information.
An argument was presented before the court that a married father can
be trusted without further ado, but an unmarried one automatically
arouses suspicion.
Victor said a married father could just as easily forge a marriage
certificate and commit human trafficking.
Section 10 unfairly discriminates against children born out of wedlock
because it limits the father’s rights to register the child under his
surname.
However, with the consent of acting judge Rammaka Mathopo, Mogoeng
said one of the inherent dangers of such a relaxation of law was human
trafficking.
A father who conceives a child after having sex with the mother only
once or a few times in an informal relationship, or a rapist who has
developed a “curious interest” in the child he has conceived, falls
into the category of unmarried fathers.
Mogoeng said:
These factors are strong warning signs against the proposed action to
relax the critical safety measures in the legislation.
One of the inherent dangers “of giving any man carte blanche” of
registering a birth without the mother ` to whom he is not married `
confirming paternity is human trafficking. It is not enough for the
man simply to say he is the father without first hearing from the
mother.
Mogoeng said that if a couple chooses to have children outside
marriage, the existence and characteristics of such a relationship are
more difficult to prove than in a marriage.
Marriage is a centuries-old institution from which binding legal,
moral and societal duties arise. Marriage and family are vital
institutions that have a profoundly beneficial role in the education
of a child.
“It is an oversimplification to treat marriage simply as a piece of
paper,” he said, because marriage is the foundation for establishing a
stable and functional family unit.
Mogoeng said the distinction for unmarried fathers has an important
and dignified societal purpose. This is to entrust the welfare and
protection of a child to the mother and not to an unmarried father
whose status ` as a father ` and commitment to the child’s wellbeing
are not recorded and can therefore not be assumed.
The fact that the law does not allow unmarried fathers to register
their children’s births unconditionally is due to their choice to
remain unmarried.
The law does not prevent anyone from getting married and getting legal
rights and privileges from a marriage, Mogoeng said.
Marriage is not for an “elite club” and it is not an economic issue:
It’s a matter of choice. In this case, marriage is not an instrument
of discrimination.
It is in the child’s best interest to be practically and more
meaningfully connected to a loving and responsible father, “not just
any man who has begotten him or her”.
The mother is the most suitable person to say whether the unmarried
man who claims to be the father is indeed the father and a responsible
father. That is why her consent is needed, Mogoeng said.
www.samigration.com



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Refugees who arrived after lockdown have no way to apply for asylum

Source: Groundup, 20/10/2021

Asylum application backlog set to grow, with Refugee Reception Offices
closed since the start of the Covid-19 pandemic.
The closure of Refugee Reception Offices (RRO) since the Covid-19
lockdown last year has left asylum seekers vulnerable to arrest and
deportation. The offices remain closed for new asylum applications and
in-person renewal of permits that expired prior to March 2020.
“Many newcomer asylum seekers are therefore at risk of arrest,
detention, deportation and are struggling to access basic services due
to their lack of documentation,” said Attorney Jessica Lawrence, of
Lawyers for Human Rights (LHR).
Lawrence said that during a recent meeting, a Home Affairs official
said that newcomer asylum seekers should all have been issued with an
asylum transit visa at the border, which would normally be extended by
an immigration officer later.
“Asylum transit visas are only valid for five days. Though he did not
say this, it was clear that he therefore deemed this as appropriate
documentation for newcomer asylum seekers pending the re-opening of
the RROs,” she said.
GroundUp was unable to get clarification from Home Affairs on asylum
transit visas, when its RROs will reopen, and when it will start
assisting new asylum seekers.
According to a 30 September circular sent to refugee organisations by
the UN Refugee Agency South Africa Multi-country Office (Samco), Home
Affairs has resumed permanent residence permit appeal applications
from 1 October, and it will start processing permanent residence
permit applications only from 1 January 2022.
It is unclear where this leaves refugees who arrived after March 2020.
Victor Chikalogwe of People Against Suffering, Oppression and Poverty
(Passop) said thousands of people have arrived in the country since
March 2020.
He said Passop has assisted about 200 newcomers to date. The
organisation has been issuing “newcomer letters” since the closure of
the Cape Town reception office in 2012.
He said the letter could be presented to law enforcement and
immigration officers and basic service providers while the newcomer
was raising money to travel to Pretoria, Durban or Musina to apply for
asylum papers when these offices opened. “We thought newcomer numbers
would decrease because of the pandemic but people are still coming,”
he said.
Documented asylum seekers and refugees also at risk
All refugee permits that expired on or after the national state of
disaster was declared in March 2020 are considered valid under a
blanket extension until 31 December 2021, according to Samco. But many
institutions, from banks to schools, do not seem to accept this when
presented with expired documents.
Home Affairs activated an Online Renewal System in April 2021. By 8
September, it had extended 24,333 Section 24 (refugee status) and
69,185 Section 22 (asylum seeker permits), the department said in a
statement.
“The extension applies to people who applied for waivers and holders
of asylum seeker visas/permits or refugee status. Holders of such
visas are permitted to remain in the country under the conditions of
their visas until the expiry of their applicable extension. Those
wishing to be repatriated to their countries within this period can
depart without being declared an undesirable person,” said Home
Affairs.
The extension, however, does not apply to people who entered the
country from 15 March 2021. The normal validity period of visas of
people admitted into the country from 15 March 2021 applies,” said
Home Affairs.
Chikalogwe said Passop has helped 75 people in September who never got
responses after submitting their documents online for renewal. “The
number of people seeking online renewal help is increasing. Last week,
I served three people within a period of four hours.”
A volunteer at Passop, who asked not to be named, said he submitted
his documents in June for online renewal and is still awaiting
feedback. When he tried to resend his documents in July he received an
email from the Port Elizabeth office saying, “Kindly refrain from
sending multiple requests. The office will attend to your request
immediately when it is open. It is currently closed due to Covid alert
level 4.”
Huge backlog and growing
The non-processing of any new refugee applications since March 2020
could have serious implications for South Africa’s refugee response.
Passop and LHR are sceptical that Home Affairs will be able to clear
the already massive backlog in South Africa’s asylum system from
before the pandemic.
In March, Home Affairs, with $9.6-million in assistance from the
United Nations High Commissioner for Refugees (UNHCR) launched the
asylum backlog project to clear in four years what was going to take
70 years (at the department’s pace) to process.
Sarah-Jane Savage, from UNHCR, said the backlog clearance project
started on 1 April. The current phase, the first, involved recruiting
and training 37 new members for the appeal authority to add to Home
Affairs’ existing three officers. The appeals of 153,391 people need
to be heard.
It is therefore too soon to tell if the goal of clearing the backlog
by 2024 will be achieved. The project was also meant to prevent
another backlog building up in the meantime. It appears this is not
happening.
The quality of decision-making on asylum cases by Home Affairs “is
resulting in more people actually joining the backlog”, says the
manager for LHR’s Refugee and Migrant Rights Programme, Sharon
Ekambaram.
The LHR says it has seen an increase in rejections of people from
Ethiopia and the DRC. Individual assessments appear not to be done.
LHR is seeing Refugee Reception Officers simply duplicating the
reasons they give for rejecting one person’s asylum claim on different
individuals’ applications.
Hlengiwe Mtshatsha, attorney at LHR, said the backlog is building up
again because asylum seekers are referred back to be re-interviewed
every time the high court on judicial review overturns a decision on
their status.
Mtshatsha said that they have noticed that people who applied for
permanent residency will get a notice of intention to withdraw their
refugee status or in some cases a withdrawal notice. They have 30 days
to appeal. After that, they lose their refugee status and are
classified as “illegal foreigners”, and will be notified to leave
South Africa within 14 days.
Chikalogwe said appeals against the withdrawal of refugee status were
also piling up.
GroundUp has tried numerous times since 16 September to get clarity
from Home Affairs on a number of issues addressed in this article, but
to date no clarification has been forthcoming from the department.
www.samigration.com



News Articles

200 000 Zimbabweans Panic Over SA Work Permits

Source: Zimeye, 20/10/2021

By A Correspondent- Almost 200 000 diasporans using Zimbabwean Special
Dispensation permits (ZSDP) in South Africa have been unsettled by the
host country’s delays in renewing their visas.
The Zimbabweans under the ZSDP facility acquired their documents in
2010. They were renewed in 2014 and 2017.
Indications are that the documents will expire on December 31, thus the
need for renewal.
Zimbabwe Community in SA chairperson Ngqabutho Mabhena said they were
still waiting for the South African Home Affairs minister Pakishe Aaron
Motsoaledi to announce the way forward on the permits.
“We had hoped that they would announce it this September, but we are now
drawing close to the end of the month. Traditionally, they announce
before mid-September. The permit application process normally begins
from October 1 to December 31. This was the case in 2010, 2014 and
2017,” Mabhena said.
“We will be contacting the SA Home Affairs ministry to find out what is
happening during the course of this week. We are also receiving reports
of financial institutions like banks which are asking people to update
their accounts since their passports will be expiring or their permits
coming to an end.”
Mabhena said the Zimbabwe Community in SA and the African Diaspora Forum
were working with the Zimbabwean embassy on the issue.
“In 2010, 295 000 people had applied for the permits and 245 000 of them
were issued with permits. By 2017, we had 198 000 that had applied to
renew their permits. Our desire is that the holders of the Zimbabwe
special permits should be granted permanent resident permits,” he said.
A few weeks ago, the Zimbabwe consul-general to Johannesburg, Melody
Chaurura, said the embassy was engaging South African authorities on the
issue of special permits.
“We can, however, confirm that consultations on the issue have been
underway among the relevant stakeholders in South Africa and the issue
has since been submitted to Cabinet for decisions,” she said.
“In this regard, we continue to wait for pronouncements by the
government’s competent authorities on the future of these permits. In
the meantime, we encourage the holders of these permits to exercise
patience and to be watchful for scams.”
South Africa is believed to be home to an estimated three million
Zimbabweans; both irregular and regular immigrants.
www.samigration.com



News Articles

Zimbabweans ask Gauteng High Court to declare them permanent residents

Source: Moneyweb, 21/10/2021

Not an unexpected move as their exemption permits granted by Home
Affairs expire in November.

Zimbabweans say they have a legitimate expectation of being granted
permanent residence once their exemption permits expire next month.
The Zimbabwean Exemption Permit Holders Association, representing
roughly 250 000 Zimbabweans in SA, has asked the Gauteng High Court to
declare them permanent residents, as their Zimbabwe Exemption Permits
expire in November 2021.
They are also asking the court to direct the Minister of Home Affairs
to issue them with SA ID documents on the grounds that they are
permanent residents of SA in terms of the Immigration Act read
together with the Identification Act.
They are also asking the court to review and set aside the decision by
Home Affairs not to renew residency permits “knowing that the holders
of the permit have known no other home besides South Africa for more
than 10 years”.
This decision was unconscionable, irrational, unreasonable and
unconstitutional, according to the court papers.
Zimbabwean Exemption Permit holders have a constitutional right to an
equal path to citizenship in SA, and that right is being withheld, the
association says.
Permit evolution
In April 2009, cabinet approved what was known as the Dispensation of
Zimbabweans Project (DZP), allowing permit holders to work, conduct
business and study in SA.
According to Home Affairs, 295 000 Zimbabweans applied for the permit
and just over 245 000 were issued.
This was an attempt to regularise the residence status of those
Zimbabweans residing illegally in SA due to political and economic
instability at home.
Those permits started expiring in December 2014, prompting Home
Affairs to introduce a new permit scheme called the Zimbabwean Special
Dispensation Permits (ZSPs), which were valid for three years.
Nearly 198 000 ZSPs were issued, according to the Department of Home
Affairs. When the ZSPs expired in 2017 they were replaced by
Zimbabwean Exemption Permits, or ZEPs.
These permits, like their predecessor, allowed Zimbabweans to work,
study and conduct business in SA, but were not renewable and did not
entitle the holder to apply for permanent residence in SA.
According to papers before the court, these permits were issued in
terms of Section 31 of the Immigration Act which allows the Minister
of Home Affairs to grant foreigners the rights of permanent residence
for a “specified or unspecified period when special circumstances
exist” that justify the decision.
The applicants in the case say the ZEP is a permanent residence permit
valid for a specific period of time as allowed by the Immigration Act,
and that they are therefore entitled to ID documents.
‘Legitimate expectation’
“It is further submitted that the holders of Zimbabwean Exemption
Permits have a legitimate expectation for the renewal of their current
permit, and for permanent residence, without any further conditions,
and the right to apply for citizenship in the Republic of South Africa
According to Advocate Simba Chitando, who is representing the
applicants in the case: “The problem faced by many hundreds of
thousands of Zimbabweans in SA is that they have been here for 10
years or longer under a variety of different permits, and it is
generally conceded that they make a huge contribution to the SA
economy, yet these permits do not allow them to enjoy the benefits
that come with permanent residence, such as full access to banking
facilities, or the right to accumulate pension savings.
“We argue that it is past time to grant permanent residence to those
Zimbabweans who have been living and working in SA in a kind of no-
man’s land. We believe it is reasonable to expect to be granted
permanent residence when the ZEPs expire, which they do in November
2021.”
www.smigration.com



News Articles

Home affairs on skid row

Source: The Citizen (Gauteng), 21/10/2021

LEGAL ACTION: DELAYS OF MORE THAN 6 YEARS TO GET RESIDENCE PERMITS
➜ Immigration agents, clients expect the department to settle out of
court.
No fewer than 180 would-be immigrants and their immigration services
providers have hauled the department of home affairs to court for
delays of six years and more in attempting to secure permanent
residence permits.
The court documents say the applicants have several million US dollars
to invest and possess critical skills that are sorely needed in the SA
economy.
Some have been waiting more than six years for permanent residence as
home affairs “has all but collapsed”, according to court papers. The
delays in processing permanent residence applications is costing the
economy R10-R15 billion a year.
Deposing for the applicants, Leon Isaacson, director of Global
Migration Services, said he had been an immigration practitioner since
2007, at which time permanent residence applications were handled
within six months.
This was because regional home affairs offices handled them. Then came
a change. In 2010, then home affairs minister Nkosazana Dlamini-Zuma
centralised permanent residence applications in the Pretoria national
office, prolonging the process from six months to three years.
In 2015, VFS Global was brought on board and the application process
was prolonged from three to six years. “The inordinate delay in
processing permanent residence applications has led to a decision,
being made by the department, not to accept any further permanent
R10-15bn annual cost to economy of failure to process residence
permits. residence applications,” deposed Isaacson.
“This decision effectively deletes Section 25 of the Immigration Act,
which provides for permanent residents permits. It has blocked
millions of US dollars, together with essential skills, from being
invested into the SA economy.”
The department has all but collapsed, added Isaacson. “Not only is it
not receiving any more permanent residents applications, and not
capable of processing the existing permanent residence applications it
has received, it has decided to make its job even more impossible by
reviewing every permanent residence permit it issued from 2004,” said
Isaacson. “An impossible undertaking.”
As a result of these delays, the department has failed to deliver on
its legislative mandate and the applicants are asking the court to
intervene on their behalf. Isaacson added that the Covid-19 pandemic
has also aggravated delays in the issuing of temporary residence visas
inside South Africa for up to six months.
The permanent residence permit backlog has been building for a while,
and Global Migration Services, one of several immigration services
providers bringing the case on behalf of the would-be
immigrants, said it felt compelled to take the matter to court on
behalf of 180 applicants who have been waiting for up to six years for
their applications.
“It is highly prejudicial for long-term residents to be without
permanent residence, as banking facilities, education, employment and
related issues are dependent on this status,” said Isaacson.
He added that home affairs was likely to settle rather than go to
court, having indicated it did not want more litigation.
There also appears to be a growing cleave between the office of the
presidency, which favours opening SA’s economy to skilled immigrants,
and the department of labour, which appears less than enthusiastic
about hiring foreigners. Isaacson suggested that home affairs was
caught in the middle of this rift and paralysed into inaction.

www.samigration.com


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  •    No fewer than 180 would-be immigrants and their immigration services providers have hauled the department of home affairs to court for delays of six years and more in attempting to secure permanent residence permits. The court documents say the applicants have several million US dollars to invest and possess critical skills that are sorely needed in the SA economy.... Read more...
  •    Not an unexpected move as their exemption permits granted by Home Affairs expire in November. Zimbabweans say they have a legitimate expectation of being granted permanent residence once their exemption permits expire next month. The Zimbabwean Exemption Permit Holders Association, representing roughly 250 000 Zimbabweans in SA, has asked the Gauteng High Court to declare them permanent residents, as their Zimbabwe Exemption Permits expire in November 2021. They are also asking the court to direct the Minister of Home Affairs to issue them with SA ID documents on the grounds that they are permanent residents of SA in terms of the Immigration Act read together with the Identification Act.... Read more...
  •    Home Affairs - New Intercompany Concession just announced The department will with immediate effect allow holders of legally issued intra`company transfer visas who are currently residing in the Republic of South Africa to apply for another term of 24 months for the /C7 visa that they currently hold.... Read more...
  •    Residency in limbo: Living in hope of the stamp of approval from South Africa’s Home Affairs Years of waiting for permanent residence to be granted, unable to work, open a bank account or sign for a cellphone contract, exact a heavy toll on a person. “I can’t sign contracts with industry partners. I can’t open bank accounts. I am completely dependent on my partner,” says James (not his real name), who’s been waiting for word on his permanent residence application for several years.... Read more...
  •    The Department of Home Affairs (DHA) has begun implementation of its electronic visa system (e-Visa) to 15 countries. The implementation would be released in a phased approach, starting with Kenya and Cameroon, said DHA Chief Director of Port Control, Rika Anker, in a letter to the airline industry on Monday (September 6). She noted that only short-term e-Visas would be issued initially for a period of 90 days or less. “Other e-Visa categories will be added later during the implementation process.”... Read more...
  •    terms section 26C of the Skills Development Act 97 of 1998 as amended, the Minister of Higher Education is required to establish a register of artisans. This register unfortunately could not be implemented as the regulations were not yet in place to establish this register, therefore the NAMB letters were acceptable as they pointed to the absence of the National Register of Artisans. In the absence of a clear framework on how to recognize foreign artisans in the republic it meant that the Department of Home Affairs was left to its own devices hence the constant changes in approach.... Read more...
  •    Long queues and systems that are constantly offline have long plagued Home Affairs offices. It`s affected many people. Home Affairs says it will be using this weekend to resolve issues just like these. Reporter Mawande Kheswa has more. Courtesy #DStv403 There are over 400,000 uncollected IDs at Home Affairs offices nationwide.... Read more...
  •    Long queues and systems that are constantly offline have long plagued Home Affairs offices. It`s affected many people. Home Affairs says it will be using this weekend to resolve issues just like these. Reporter Mawande Kheswa has more. Courtesy #DStv403 There are over 400,000 uncollected IDs at Home Affairs offices nationwide.... Read more...
  •    Long queues and systems that are constantly offline have long plagued Home Affairs offices. It`s affected many people. Home Affairs says it will be using this weekend to resolve issues just like these. Reporter Mawande Kheswa has more. Courtesy #DStv403 There are over 400,000 uncollected IDs at Home Affairs offices nationwide.... Read more...
  •    Long queues and systems that are constantly offline have long plagued Home Affairs offices. It`s affected many people. Home Affairs says it will be using this weekend to resolve issues just like these. Reporter Mawande Kheswa has more. Courtesy #DStv403 There are over 400,000 uncollected IDs at Home Affairs offices nationwide.... Read more...

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