News Articles

Vetting foreign nationals tedious but necessary

Source: The Citizen, 21/04/2022

With a spotlight on corruption at immigration level, in the form of falsified visas and bribery, this has only made the topic more sensitive.

With unemployment figures at an all-time high and South Africa facing numerous economic challenges, the department of home affairs (DHA) and the department of labour are again taking steps to curb the employment of illegal foreign nationals living in the country.
With a spotlight on corruption at immigration level, in the form of falsified visas and bribery, this has only made the topic more sensitive.
Consequently, the DHA has taken action and established an anticorruption unit comprised of immigration experts, lawyers and forensic investigators, in the hopes that employment practices towards foreign nationals will be put under scrutiny.
Companies turning a blind eye to the validity of employee visas are putting themselves and their businesses at risk.
The Immigration Act 13 of 2002 and the Employment Services Act 4 of 2014 both clearly state that no one shall employ foreign nationals whose status prohibits them from being employed in South Africa.
However, there are still companies who employ candidates without doing the necessary checks ensuring they adhere to the regulations put forth in both amended Acts.
This will not only result in the immediate deportation of the foreign national, but it can also leave the South African employer facing a hefty fine or even imprisonment ` not to mention the bill for repatriating the individual to their home country.

As sobering as all this is, the employee, regardless of being a foreign national without a valid working visa, is still afforded legal protection from an unfair dismissal under the Labour Relations Act, especially if they can prove negligence on the part of the employer.
In other words, besides already facing penalties or imprisonment, if the act of deporting the foreign national results in them being unfairly dismissed, the employer can still be drawn into a lengthy legal dispute with the employee through the Commission for Conciliation, Mediation and Arbitration.

For small to medium enterprises, one such exercise could possibly cripple their business and force closure. For larger corporates, the full weight of the decision would be cast on the human resources (HR) department within the organisation, as they are tasked to ensure compliance and adherence to all regulations.
It could also lead to the DHA and the labour department conducting regular audits on the company’s employment records, which is akin to constant surveillance from both regulatory bodies.

The question will always be what HR departments can do to protect their company when employing foreign nationals. It is imperative to incorporate updated vetting processes when employing foreign nationals.

Fine-combing each job applicant is a tedious, but necessary, task, which forms part of the HR duties and obligations.
Understanding permit and visa types, which categories they belong to and what the accompanying regulations say about employment on that permit or visa, is just as important. While it is a challenge to stay current with legislation, it is not impossible.
There are numerous platforms and resources available to HR departments. Teachings and subsequent implementation of changes to legislation regarding the employment of foreign nationals should be a company standard.

The onus rests on the employer and the HR department in a company to provide the relevant assurances that their workforce is fully compliant in all regards. For large corporations, this can be a daunting hurdle to overcome.

Calling on the experience of an immigration specialist with a sound knowledge of immigration and employment laws, as well as permit and visa requirements, will provide the necessary peace of mind that employees have been vetted accordingly.

An immigration provider that is well versed on the specifications and requirements from the governmental stakeholders, will know the best course of action to eliminate any risk to the company. Failing which, make sure they offer specialist legal services, should there arise any legal dispute.

How can we help you , please email us to info@samigration.com whatsapp me on:
+27 82 373 8415, where are you now? check our website : www.samigration.com

Please rate us by clinking on this links :
Sa Migration Visas
https://g.page/r/CdZJnrStK3WVEBM/review
Alternatively , please contact us on :


Whatsapp Tel No : +27 (0) 82 373 8415

Tel No office : +27 (0) 82 373 8415 ( Whatsapp )
Tel No admin : +27 (0) 64 126 3073
Tel No sales : +27 (0) 74 0366127
Fax No : 086 579 0155


www.samigration.com


www.samigration.com


Search

  •    Learners from Itumeleng school in Gauteng have been struggling to get their IDs from Home Affairs for years. The state is denying learners their rights, says lawyer. The future is uncertain for 18-year-old Dudu Setoe who has never had a birth certificate or an Identity Document (ID) despite many back-and-forths to Home Affairs offices. Although Setoe recently came first in an in-house athletics competition, she is unable to compete provincially or nationally because she can’t present these crucial documents.... Read more...
  •    SA’s economy has been stagnant for 10 years. • Stiff global headwinds are forecast for the SA economy, the Bureau of Economic Research at Stellenbosch University heard on Tuesday. • China, the US and Russia are dramatically affecting global growth. • BER senior economist Craig Lemboe described the outlook for the economy over the next year as `three steps forward, two steps back`. The Goldilocks days when regulators were able to ensure the global economy was not too hot, too cold but just right, are over as policymakers face an `unprecedented number of obstacles`, the Bureau of Economic Research (BER) at Stellenbosch University heard on Tuesday.... Read more...
  •    AS part of an extension of the Presidential Employment Stimulus programme, a significant number of unemployed young people would be put to work digitising paper records WITH more than 300 million paper records dating back to the 1800s, the South African Department of Home Affairs (DHA) is ripe for digitisation.... Read more...
  •    Foreign street vendors have left Pan Africa Mall in Alexandra township South Africa after members of the South Africa Police Services and the Department of Home Affairs descended at the area to intensify their presence at the mall following clashes between locals and foreign nationals.... Read more...
  •    The special permits for Zimbabweans make it easier for Zimbabwean nationals to legalise their stay in South Africa by cutting red tape and dispensing with most of the ordinary visa requirements. There are nearly 200 000 Zimbabweans in South Africa who are living on borrowed time. They are in the country on a special visa, the Zimbabwean Exemption Permit (ZEP). This visa category was introduced more than a decade ago to accommodate an influx of refugees who were fleeing political persecution and economic devastation in Zimbabwe.... Read more...
  •    Weeks after Home Affairs raided dens housing a passport syndicate, a Bangladeshi citizen tried to leave the country with a fraudulent passport with the name Lebogang Ndlovu Lebogang Ndlovu. Sounds like a South African name, right? Not if you illegally buy your citizenship. This is the name a Bangladesh citizen, who was arrested at OR Tambo this week, christened himself with. Ndlovu, real name Fahim Kazi, was picked up as he tried to leave the country on Wednesday night. The Department of Home Affairs, which has embarked on a massive clean-up campaign, found the Bangladeshi had unsuccessfully applied for asylum in 2015. He is said to have been based in Kimberly, Northern Cape.... Read more...
  •    At a Glance • The Department of Home Affairs is providing an automatic extension of status until June 30, 2022, for applicants currently in South Africa with pending visas and waivers, due to processing delays in adjudicating long-term visa applications. • The processing delays are a result of a measure put in place in January, where the Department of Home Affairs required all long-term visa applications to be adjudicated in Pretoria, instead of at the South African consular posts. Due to understaffing, there is now a backlog of applications. • Employers should ensure that they plan their employees’ start dates at least six months in advance to accommodate the lengthier processing times to meet their projected assignments or local employment start dates.... Read more...
  •    For South African political parties grappling with the idea of coalition politics ahead of 2024, the issue of migrant workers may be the most crucial of all deliberations, says Khaya Sithole. Just over 30 years ago this month during an interview on Larry King Live, Ross Perot decided to put up his hand and run for the US presidency. Perot`s profile as a billionaire who was not part of the Washington establishment but simply wanted to change the way the establishment worked, had significant consequences for the 1992 elections and, as it turned out, for the 2016 US election campaign.... Read more...
  •    Recommendations on the fast-tracking of the critical skills visa application process will be on the president`s desk by April. • This was revealed by former home affairs director-general Mavuso Msimang, who was appointed to look into the process. • Msimang and his team have been hard at work for the past five months. The former director-general of home affairs, Mavuso Msimang, will, in the next two months, submit to the Presidency a report on a comprehensive review of the critical skills visa application process. It will include recommendations on how to fast-track the sluggish critical skills work visa system, Msimang told News24.... Read more...
  •    Many young people who, before the pandemic, obtained a work holiday permit to go to New Zealand, have had to give up their dream. Others are pushing to extend or renew visas �` steps that Australia has already taken on its part. Under the five-step border reopening plan detailed by Prime Minister Jacinda Ardern, work permit holders will be able to travel to New Zealand again from March 14 �` except for those whose visas have expired during the pandemic. They feel forgotten explain Things. In fact, Under current rules, you can only get one working holiday visa in your lifetime, whether you use it or not.... Read more...

Get the latest Immigration News