Articles
South Africa’s visa chaos, legal action is an option
The visa backlog at home affairs is causing serious headaches for people looking to travel or work in South Africa.
Marisa Jacobs, Managing Director of Xpatweb, said that the Department of Home Affairs’ decision to withdraw the central adjudication system has led to a major visa backlog, with the minister of home affairs, Aaron Motsoaledi, saying that the backlog stands at over 60,000.
The minister has, however, announced a new visa cession extending to 31 December 2023.
Jacobs gave details about who qualified for the new visa concession:
Applicants whose waiver application outcomes are still pending as of 31 March 2023 are granted a temporary extension until 31 December 2023.
Applicants whose visa applications (long-term visa holders) are still pending are granted a temporary extension until 31 December 2023.
Short-term visa holders whose visa validity was issued for less than 90 days, and who have not received an extension by 31 March 2023, must depart on or before 30 April 2023, to avoid being declared undesirable.
However, others are not covered by the concession:
Any pending applications at Embassies.
Limited cover for short-term visa holders.
ZEP holders, even where there is a pending application.
However, she said that the concession was ambiguous in some cases. She added that those who are covered by the concession and plan to travel outside of South Africa should bring their VFS Global receipt and concession letter to avoid any issues when they return to the country.
When it comes to those whose application is urgent or overdue, she said that they can consider legal action to speed up the process.
She added that her company was successful when it escalated its clients’ urgent applications to the High Court ` if the urgency was supported by facts.
Considering the difficulty in getting long-term mainstream visas in South Africa, Marissa said that individuals and businesses should establish a well-defined strategy and roadmap to deal with their applications, as it will help them in the application process while also covering those who have already been granted an extension from any unexpected requests.
Could soon get better
Jacobs and Eden Ben-Attar from Xpatweb previously said that the work visa system in South Africa is currently the worst it has ever been.
“Other countries get certain visa categories issued at record speed and with high proficiency. The current system places foreign investors in a difficult spot, as they need to be prepared for a frustrating process and a bit of a fight to get their visa,” said Xpatweb.
The major backlog in work visa applications has made South Africa a less attractive destination to much-needed skilled workers.
Although the government tried to launch an initiative in 2022 where the head office would manage the work visa approvals instead of embassies to ensure consistency in documentation and address corruption, Xpatweb said that it appears to have failed.
“Various directives were issued in this regard and to the point where the work visa adjudication process was handed back to Embassies on new submissions. The embassies have not taken back the Head Office submissions during the directive period, so these remain with Head Office according to the certain embassies,” said Xpatweb.
However, following consistent concern over the failure of the Department of Home Affairs, President Cyril Ramaphosa said that government will overhaul the visa system.
In May, Operation Vulindlela, an initiative between the Presidency and National Treasury to drive policy implementation, published a detailed report on how to improve the visa regime.
The Department of Home Affairs has also set out an implementation plan that will ensure that the implementation plan is adopted.
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Govt responds to passport rushGovt responds to passport rush
GOVERNMENT has extended operating hours at the Civil Registry Department after its offices were flooded with desperate Zimbabweans applying for passports. Snaking queues have emerged at the Civil Registry Department offices countrywide after Finance minister Mthuli Ncube proposed an increase in passport fees beginning next month. Ncube said he would increase fees for an ordinary passport from US$120 to US$200, while an emergency travel document will be priced at US$300 up from US$200. V.5108
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06. Dec. 2023 BBC NewsCouples `devastated` by migration visa rule changes
Scientists Josie and Joan Ferrer Obiol says their dream of returning to the UK has been turned upside down Couples planning a new life in the UK have been left heartbroken by changes restricting who can apply to live here. From April 2024, British citizens or people already settled in the UK will need to show they earn £38,700 before their overseas partner can live here with them - a sharp jump from the current threshold of £18,600. They also still need to show they are in a marriage or civil partnership when they apply for a family visa, intend to be within six months, or that they have been living together for at least two years. V.5109
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06. Dec. 2023 SABCSouth Africa is first African country added to Saudi Arabia’s e-visa
A Saudi man checks the flight timings at the King Khalid International Airport, after Saudi authorities lifted the travel ban on its citizens after fourteen months due to coronavirus disease (COVID-19) restrictions, in Riyadh, Saudi Arabia, May 16, 2021. South Africa has become the first African country that Saudi Arabia has added to its e-visa system. This simplifies the process for South Africans seeking e-visas for travel to Saudi Arabia. V.5110
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05. Dec. 2023 France24UK announces limits on regular migration as it tries to turn polls around
London (AFP) Britain`s embattled Conservative government unveiled a raft of measures Monday aimed at cracking down on record levels of migration a key battleground in a general election expected next year. Home Secretary James Cleverly unveiled proposals to cut regular migration. The UK announced it would raise the minimum salary threshold for a skilled worker visa and prevent overseas health and social care staff from bringing family dependents to Britain. V.5106
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05. Dec. 2023 News24Foreign parents: Constitutional Court declares parts of Immigration Act unconstitutional
The Constitutional Court has ruled that parts of the Immigration Act are unconstitutional. • The Constitutional Court has declared sections of the Immigration Act invalid and unconstitutional as they discriminate against foreign divorced and separated parents. • According to the act, a foreigner on a spousal visa must leave the country when their relationship with a South African ends, even if they have children together. • The court gave Parliament 24 months to make the necessary amendments to the act, so it is consistent with the Constitution. V.5107
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04. Dec. 2023 Pro Bono & Human RightsThe right to apply for asylum in South Africa
The Constitutional Court (CC) recently handed down an important judgment which speaks to the right to apply for asylum in South Africa. Over the past several years, we have seen more and more anti-foreign national rhetoric in the public domain, with even high-ranking government officials contributing to the narrative that foreign nationals are the cause of many of South Africa’s issues. This has resulted in a continuingly shrinking safe space for foreign nationals who intend on seeking refuge in the country. Given our current socio-political climate, this judgment comes at a critical time where the rights of vulnerable people must be protected, in line with our international and domestic obligations. At a glance. V.5100
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04. Dec. 2023 News24Sting operation prevents 443 Zimbabwean children being trafficked into South Africa, says home affairs
42 buses from Zimbabwe were stopped and searched at the Beitbridge border post. • On Saturday evening, 42 buses from Zimbabwe were stopped and searched at the Beitbridge border post. • According to home affairs, 443 unaccompanied minor children were found on the buses. • It is alleged that the children were being trafficked into South Africa. The Border Management Authority (BMA) at the Beitbridge border post has stopped more than 40 buses carrying about 440 unaccompanied children, who were allegedly being trafficked into South Africa. V.5101
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04. Dec. 2023 News24Sting operation prevents 443 Zimbabwean children being trafficked into South Africa, says home affairs
42 buses from Zimbabwe were stopped and searched at the Beitbridge border post. • On Saturday evening, 42 buses from Zimbabwe were stopped and searched at the Beitbridge border post. • According to home affairs, 443 unaccompanied minor children were found on the buses. • It is alleged that the children were being trafficked into South Africa. The Border Management Authority (BMA) at the Beitbridge border post has stopped more than 40 buses carrying about 440 unaccompanied children, who were allegedly being trafficked into South Africa. V.5102
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04. Dec. 2023 News24Sting operation prevents 443 Zimbabwean children being trafficked into South Africa, says home affairs
42 buses from Zimbabwe were stopped and searched at the Beitbridge border post. • On Saturday evening, 42 buses from Zimbabwe were stopped and searched at the Beitbridge border post. • According to home affairs, 443 unaccompanied minor children were found on the buses. • It is alleged that the children were being trafficked into South Africa. V.5103
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04. Dec. 2023 Immigration TorontoExploring Canada`s rental cost, Most and least expensive cities
Each year, Canada attracts numerous international students who enter the country by obtaining study visas and permits. These students are required to adhere to specific conditions throughout their academic journey. One crucial aspect that international students often consider is Canada’s rental cost. One major issue affecting international students’ entire experience in Canada is the expense of renting. It is crucial that they comprehend and budget for the costs related to housing while they are studying in the nation. Furthermore, international students looking for accommodation in Canada may make better decisions if they are aware of the rental circumstances and market trends. V.5104
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04. Dec. 2023 SA MigrationProtection of asylum seekers and of children facing lifelong statelessness highlighted in two significant South African decisions, case note extracts
Asylum seekers face huge obstacles trying to reach a country that can offer them refuge. One of their greatest challenges is the risk of detention on arrival because their entry to the country is unauthorised. Now a landmark judgment reinforces protection of asylum seekers and respect for their right to seek and enjoy asylum even if they are in the country unlawfully, while the state’s responsibility in cases of statelessness, another major problem for refugees, is considered in a second decision. Asylum seekers face numerous obstacles as they strive to reach a country that can offer them refuge. One of the greatest challenges they encounter is the risk of detention upon their arrival. This is because they often enter countries through unauthorized means like using false documentation, entering without proper authorization, and relying on smugglers to assist them. V.5105
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29. Nov. 2023 Global MigrationLatest updates in global immigration
This week, the Global Immigration team at Smith Stone Walters would like to highlight the following recent updates from Australia, Denmark, Hong Kong, Israel, the Netherlands, Sweden, Switzerland and the United States. Australia: Start date set for permanent residence changes The Department of Home Affairs has set a start date of 25 November 2023 (subject to the approval of regulation changes) for its previously announced changes to the employer-sponsored permanent residence programme. From that date, all Temporary Skill Shortage (TSS) (subclass 482) visa holders will be able to access permanent residence via the Temporary Residence Transition (TRT) stream of the Employer Nominated Scheme (ENS) (subclass 186) visa. V.5098
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29. Nov. 2023 Associated Australian PressHome affairs boss Pezzullo sacked after leaked texts
Mike Pezzullo has been sacked as head of the home affairs department after a code of conduct breach finding. Mr Pezzullo was stood down after leaked messages revealed the secretary repeatedly inserted himself into the political process. The governor-general in council terminated his appointment on Monday. The texts revealed he lobbied for his department and pushed his personal views, in breach of public service standards, across a five-year period. It is not suggested the messages show corrupt or illegal conduct. Home Affairs Minister Clare O`Neil referred the matter to the Australian Public Service Commissioner after concerns were raised following media reporting of the messages. V.5099
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28. Nov. 2023 Associated Australian PressHome affairs boss Pezzullo sacked after leaked texts
Mike Pezzullo has been sacked as head of the home affairs department after a code of conduct breach finding. Mr Pezzullo was stood down after leaked messages revealed the secretary repeatedly inserted himself into the political process. The governor-general in council terminated his appointment on Monday. The texts revealed he lobbied for his department and pushed his personal views, in breach of public service standards, across a five-year period. It is not suggested the messages show corrupt or illegal conduct. V.5097
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27. Nov. 2023 Digital JourneyIndia Provides Enhanced Online Visa Access to Citizens of South Africa, Switzerland, New Zealand, and Bulgaria
India, a country renowned for its diverse landscapes and rich cultural heritage, is pleased to announce that citizens of South Africa, New Zealand, Switzerland, and Bulgaria can now enter the nation without a visa. This progressive step demonstrates India`s commitment to forging international connections, boosting tourism, and expediting the visa application process for travelers from these nations. Indian history, culture, and scenic landscape have long drawn travelers from all over the world. Travelers from these countries are invited to experience India`s famous sites, varied customs, and stunning scenery thanks to the increased visa access. V.5096
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23. Nov. 2023 The SowetanSham doctor case leads police to fake identity syndicate within home affairs
The NPA is waitng on Interpol results on Kingsley Chele`s identity verification. More than 370 fraudulent documents issued by public servants An investigation into the two identity documents belonging to bogus doctor Kingsley Leeto Chele led to police cracking an alleged syndicate involving home affairs officials who are accused of selling documents to illegal immigrants. A source close to the investigations has revealed how the syndicate had issued over 370 fraudulent documents and had been charging more than R2,000 per applicant. V.5092
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23. Nov. 2023 News24How much does a tourist visa cost for the UK, USA, Australia, and most Schengen Zone countries?
The visa application process in South Africa includes a load of paperwork, appointments made way in advance and a heavy fee. Getty Images • South Africa has one of the world`s `weakest` passports. • This means we often need to buy pricey visas to visit foreign countries. • Here`s how much you`ll pay for several popular tourist visas and how long they take to process. V.5093
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23. Nov. 2023 iolCape Town woman allowed to emigrate with her two children to live in Dubai with US fiancé
relocate to Dubai with her children where they will be living with her American fiancé. The woman was married and got divorced from the father of her children in January 2016. The children were eight and three when their parents divorced. At the time of the divorce, both parties lived in Durban. In March 2019, the woman relocated with the children to Cape Town. The father would visit the children and sometimes they would visit him. In 2020, she started dating GJ, an American citizen. She said for almost two years, they have been living together with GJ as a family. V.5094
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23. Nov. 2023 BusinesstechReverse emigration twist for South Africa
Although many wealthy South Africans are packing their bags for the UK, new migration data shows that the inverse is also true. The latest Wealth Migration Report 2023 from Henley & Partners and New World Wealth shows that around 400 High Net-Worth Individuals (HNWIs) those with a net worth of over US$1 million (roughly R18 million) emigrated out of South Africa in 2022 with a further 500 leaving the country in 2023. The UK is an emigration hotspot for South Africans with the 2021 UK census noting that over 215,000 South Africans live on the island. V.5095
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22. Nov. 2023 Human Rights WatchSouth Africa Mulls Major Immigration Overhaul
Migration may be an increasingly contentious issue in South Africa, but that does not justify taking an axe to refugee rights and chipping away at the country’s commitments under the United Nations’ 1951 Refugee Convention, as the Department of Home Affairs (DHA) recently proposed alongside other immigration reforms. V.5088
