April Fool’s: Work Visas South Africa, The International Hoax
On April 15, 2014 / Leave a comment
Immigration Act South Africa 2014 changes – April Fools Joke? – Blog Series Part 4 – Release April 2014
April Fool’s Day, is a tradition celebrated annually on 1st April. Although the origin of this day remains unknown, a popular theory holds that those who continued to celebrate New Year’s Day on 1st April after the implementation of the Gregorian Christian Calendar in 1582, were mocked as ‘fools’. April Fool’s is celebrated as a day on which people play practical jokes and hoaxes on one another. These tricks are both played on an intimate as well as public level. From close friend shenanigans to local radio celebrities resigning without any clarification (the latter turned out not to be a joke).
With this in mind it was quite a surprise when the South African Department of Home Affairs chose this particular day to implement the new immigration regulations. If not for the fact that South Africa’s Department of Home Affairs is void of any humour (as far as we know), one could be forgiven to think that the proposed changes to South Africa’s immigration landscape were a light-hearted attempt to bring some cheer to its residents, both local and foreign.
Exceptional skills and quota work visa to be abolished
However, 1st April has come and gone and there are yet to be any changes announced. The Department of Home Affairs continues to play its cards very close to its chest, with no information available to the public or its staff for that matter as to when the new law will take effect. Subsequently, this has made it very difficult for companies to plan their recruitment of foreign skills, and for South Africans who have a foreign life partner residing with them in South Africa to plan their future.
As the wait continues for the announcement from the Department of Home Affairs on a new implementation date, we would like to highlight some of the expected changes:
- The abolishment of the Exceptional Skills Work Permit and the Quota Work Permit.
- The creation of a new work visa category, called Critical Skills Work Visa. The Critical Skills Work Visa, will have a list of professional categories published along with the qualifying criteria.
- Police clearance certificates must be included in the work permit application. In other words, no more undertakings to submit the police clearance at a later date will be accepted.
- There is talk of the Corporate Permit being limited to companies in specific sectors.
- Companies will need to prove that 60% of their workforce is South African. These requirements, however have not yet been confirmed (permanent residents or citizens).
Frequently Asked Questions:
1.) What are the proposed changes to the work visa categories?
With regard to the South African General Work Permit, more involvement by the Department of Labour is expected. It is expected that the Department of Labour will set up a special unit dealing only with work visa applications. Companies will need to show that 60% of their workforce is South African.
2.) How will people be affected?
By getting another government department involved in the work visa application process, the preparation time before work visa applications can be submitted is expected to increase. There will be additional pressure on companies to prove that the recruitment of local staff is a priority.
Foreign nationals who are offered employment while visiting South Africa for job interviews will need to return to their home country in order to apply for their work visa. This will delay their starting date, which in turn, will make their employment less attractive to local companies.
3.) What are the requirements for the new proposed Critical Skills Work Visa?
It is not yet clear what the requirements will be for the Critical Skills Work Visa, but the guess is that they will be closely aligned with the current Quota Work Visa, by referring to professional categories identified by government to benefit the country. This would mean applicants will require relevant work experience, be registered with a professional industry body and their qualifications will also need to be verified by the South African Qualifications Authority (SAQA).
4.) Will the requirements for the new Critical Skills Work Visa be similar to the Exceptional Skills Work Visa?
No, it will likely be more closely linked to the Quota Work Permit.
5.) If one is already holding an Exceptional Skills Work Visa or a Quota Work Visa will there be an option to extend that visa?
The answer is leaning towards yes, provided the applicant meets the requirements as set out by the Critical Skills Work Visa.
6.) In terms of the Corporate Visa: What will be the main changes?
Business Process Outsourcing companies need to show that 60% of their staff consists of South African citizens or permanent residents. It is not yet clear which companies will in the future qualify to apply for Corporate Visas.
7.) For the application process, will foreigners have to apply for their work visa in their home country?
First time applicants will have to apply in their home country, but foreigners who currently have a work visa will be able to apply for a change of status in South Africa. Foreigners however on a Medical Treatment or Visitor Visa will not be able to apply for a change of status in South Africa.
8.) What can people do in the meantime during the transition period?
We suggest that you schedule a consultation with Initiate Immigration to discuss alternative Work Visa solutions. Even though the expected changes to the immigration legislation, might seem a bit daunting and on par with an April fool’s joke made in bad taste, do not despair. Initiate’s approach is to face the changes head-on, apply a calm and practical approach and find solutions for each individual situation.
Joachim
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