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Subscribe to our
bi-monthly
HPASA newsletter. |
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April 2011
IMMIGRATION
AMENDMENT ACT PASSED BY PARLIAMENT
By Dirk Meissner, IBN Consulting
and Immigration |
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Dirk
Meissner,
IBN Consulting and Immigration |
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For the last 6 months
experts debated the controversial
Immigration Amendment Act (IAA) proposed
by the South African Department of
Home Affairs (DHA). In spite of heavy
protest, from refugee organisations
to business associations and law firms,
the ANC majority pushed the amendments
through Parliament at the end of March
2011.
The IAA still needs to pass the
National Council of Provinces, and
get signed by President Zuma, before
it can be gazetted. We expect various
legal action against the new law,
especially once the Immigration Regulations
are published, which will give more
operational detail on what foreigners
can expect to deal with in future
when wishing to immigrate to South
Africa.
Concerns
There are a number of concerns in
our opinion. South Africa has one
of the highest numbers of immigrants
in the world, mainly from other African
countries, who want to live in the
powerhouse of the African continent.
However, there is a lack of greater
vision on who we want in the country
and in what numbers. |
The country requires foreign direct investment
as well as skills to be brought in, and
the IAA acknowledges that, but the procedures
are not clearly defined and the process,
given the global competitive demand for
both capital as well as skills, is often
too complex, inconsistent and unpredictable.
Uncertainty for Applicants
The intentions of the DHA are certainly
to improve its service levels, but experience
over the last 10 years has shown, that any
changes in operations have resulted in large
scale confusion among Home Affairs’
employees, thus generating uncertainty for
the applicants. Both staff and systems simply
do have not the capacity to cope with changes.
In light of the above-mentioned, it is particularly
disturbing that the Minister wants to abolish
any representation by attorneys, advocates
and immigration practioners, who are experts
in guiding applicants through the permitting
jungle.
The facts of course remain, that DHA is
unable to properly advise foreigners and
that professionals, who prepare permit applications
well, actually reduce the amount of time
required by officials to process applications.
Personal Submissions
DHA now wants personal submissions,
meaning there will be long queues
of people applying for even temporary
residency permits, such as work, business,
study or retirement. Professional
advice and coaching before submission
will become essential in order to
avoid frustrations.
Changes
Stimulated
There are a large number of changes
stimulated. We will only be able to
advise on those once the regulations
have been published. However, more
decision power will be moved to the
Minister of Home Affairs, who historically
has hardly ever responded to any request
sent to her, thus adding uncertainty.
Also, a number of permits will be
abolished, such as the exchange and
extraordinary skills permits.
Most first applications, as well as
for changes of terms and conditions,
such as change of employer or from
study to work, will need to be submitted
in the applicant’s home country.
We will keep the readers informed
on these developments. |
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Best Way to Achieve Security of
Stay
The best way to achieve security of stay
in South Africa at present though is to
apply for Permanent Residence before the
new laws come into effect. Foreign investors
are still welcome in South Africa, but will
need to allocate more time for the immigration
process. IBN has been advising people for
15 years and can assist you.
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