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How the home affairs dept wants to overhaul the country`s immigration system

Source: News24, 18/09/2024

• The White Paper on Citizenship, Immigration and Refugee Protection proposes a raft of legislative reforms.
• One is that the period a foreign national resides in the country won`t be the main considering factor for granting permanent residency.
• The Department of Home Affairs is looking to introduce a points-based system for foreign nationals to apply for residency.
As part of major policy reforms to overhaul the country`s immigration system, the number of years a foreign national resides in the country will no longer be a main determining factor for granting permanent residency.
Periodic invitations for qualifying foreigners to apply for permanent residence will be introduced, together with a points-based system.
These are among several reforms as part of the White Paper on Citizenship, Immigration and Refugee Protection, as approved by Cabinet in April, as a policy to guide the drafting of new legislation and implementation of a new immigration and citizenship system.
On Tuesday, Home Affairs Minister Leon Schreiber, his deputy, Njabulo Nzuza, and department officials presented the reforms to address challenges in immigration to the Portfolio Committee on Home Affairs.
Mavuso said the policy framework affirmed the use of the critical skills list to attract international migrants with skills and qualifications that were in demand.
`The number of years that a foreigner has resided in the country will no longer be a main determining factor for granting permanent residency. Periodic invitations for qualifying foreigners to apply for permanent residence will be introduced, together with the points-based system.
`Introduction of limited-duration permanent residence permits linked to minimum investment. The policy framework must provide for the establishment of the Immigration Advisory Board that will advise the minister on policy and legislative matters. The policy framework and legislative intervention are required to establish the Immigration Division, whose members are duly qualified to deal with the granting of various visas,` Mavuso said.
He said policy framework and legislative intervention were required to establish Immigration Courts.
On the other hand, the Border Management Authority Act was expected to be reviewed to align it with Immigration and Citizenship`s new policy framework.
In July, Schreiber decided to extend the temporary concession for foreign nationals currently awaiting the outcome of visa, waiver and appeal applications.
According to Schreiber, the extension safeguards applicants - including those who are contributing to South Africa`s economy through their scarce skills - from suffering adverse consequences or being erroneously declared undesirable while they await the outcome of applications submitted to the department.
The committee was not happy with that decision - and several MPs raised concerns about capacity to ensure that undocumented individuals were deported.
Regarding the protection of refugees, the new legislation must enable the department to refuse admission of persons for whom there were reasonable grounds for regarding them as a danger to the security of the country.
This also includes the introduction of the `First Safe Country` principle as a precondition for admitting asylum seekers who have transited through safe countries.
Mavuso said refugees and asylum seekers travel through safe countries, but still chose to come to South Africa.
`Are we dealing with genuine asylum seekers? Or just economic migrants. Asylum seekers must show good cause for their unlawful entry or presence in the country. Refugee reception offices must be located at ports of entry in line with international practice,` he said.
Furthermore, Mavuso said the department was currently developing a supplementary policy paper, which would be submitted to the minister for approval by 31 March 2025.
The supplementary paper will take into consideration the legal opinion which has since been commissioned by the department.
The MK Party`s Sihle Ngubane said the department`s presentation appeared good, but the situation in reality was worse.
`Here we go again, we are good on paper, but we are bad at implementation. The situation on the ground is not the way it is being presented here. We are used to that now in South Africa. We have porous borders, people are walking over the border like going from the bathroom to the dining room,` he said.
The Patriotic Alliance`s Stacey-Lee Gaby Khojane spoke on the issue of scarce skills.
`Before you bring in foreign skills, you need to go and consult with the Department of Higher Education. We have students with skills that are not finding employment. How will someone from the outside be a better choice than someone on the inside,` she said.
The DA`s Adrian Roos said the legislation would bring synergy between various legislation regarding immigration and citizenship.

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