REVIEW OF SA’S NEW IMMIGRATION LAW ONE YEAR POST-INTRODUCTION
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outh Africa issued its latest amendment to the new Immigration Regulations that were implemented in May 2014. The key areas covered in the updates to the immigration framework are: the protection of jobs for South African nationals (or PR holders), and the attraction of skills and investment needed for the advancement of the economy and South Africa as a whole. Fourteen (14) months after their introduction, I wish to offer my personal opinion on what is working and what is not. A new way of submitting all applications - the Visa Facilitation Centre (VFS).
percentage of lost applications has decreased significantly and overall processing times have improved to more or less 8 weeks for any temporary residence visa application. On the other hand, the VFS fee of ZAR1, 350 per application makes the application process considerably more expensive for applicants. These fees are in
some positive changes as a result of the new immigration rules. The duration of an Intra Company Transfer visa has increased from two to four years. With the help of a directive, the local medical aid requirement has been removed for holders of a study visa who accompany their parents. The spouse of a retired person visa holder is now entitled to accompany the visa holder. The processing times for a section 11 (2) work visa are generally five working days at the missions abroad. I really have to think very hard here to come up with more. Oh, yes, to have a critical skills list and such a broad one is positive. For some categories the critical skills work visa works well but for other categories not. It really depends on which professional body one is required to register with.
“The new requirement that children must travel with their unabridged birth certificate has received extensive press coverage because it affects South Africa’s important tourism industry significantly.”
Applications submitted in South Africa have to be lodged at VFS. Subsequently the entire application pack will be sent to the Department of Home Affairs (DHA) in Pretoria for adjudication. An applicant cannot expect any level of understanding of the with regards to the content of the application from VFS officials. The organisation functions as a structured and organized ‘mailbox’; captures the applicants’ biometric data; and eventually facilitates either the endorsement of a visa in the passport or distribution of an official rejection letter. On the one hand, the
addition to the still existing DHA fees. For instance, a family of four would have to pay in excess of ZAR 5, 000 for the mailbox services in addition to the DHA fees for their specific visa. Please bear in mind that the level of quality for the adjudication has not improved. It is rather the opposite. We, as well as other Immigration firms, have seen an increase in the percentage of wrongfully adjudicated applications, much higher than before the introduction of VFS. And of course VFS still charges its fees, if the wrongfully adjudicated applicant then has to submit an appeal. WHAT’S CHANGED FOR THE BETTER? Regular readers of this magazine will have read this before – there have been
WHAT’S WORSE? Of course, the following points are seen from the view of the applicants, not DHA. I must however, point out, that one of the main aims is the protection of SA nationals and their job opportunities and it is the right of the legislator to come up with new set of rules. So, when I list them under negative somebody else might rightfully see them as positive. Firstly, foreign interns can stay at home. Foreign students are no longer allowed to take up internships in South Africa. The missions have clear instructions not to allow this anymore. I still do