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IMPACT – MEDIUM
What is the change? South Africa’s Department of Home Affairs and VFS Global have opened visa application centers in Botswana and Zimbabwe.
What does the change mean? Foreign nationals must now apply in person for South African visas and permits at the new applications centers, located in Gaborone in Botswana and Harare and Bulawayo in Zimbabwe.
Background: VFS Global has previously worked with the South African government to establish visa application centers in Angola, China, the Democratic Republic of Congo, Ghana, Kenya, Nigeria, Uganda and the United Kingdom. VFS Global also operates a number of visa application centers throughout South Africa. The Department of Home Affairs has said it plans to work with VFS global on a visa application center in the United Arab Emirates, though that center is not open yet.
BAL Analysis: South African visa and permit applicants should take note of the new application centers, which are now accepting applications on behalf of South African consular missions in Botswana and Zimbabwe. The centers should ease visa and permit processing as they have in South Africa and a number of foreign countries.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Copyright © 2016 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.
What is the change? Hip-hop artist Mos Def has resolved his case with the South African government, admitting that his use of a “world passport” violated the country’s immigration laws. The American musician and activist will be put on the list of “undesirable persons” and will be barred from entering South Africa unless he first obtains a waiver from the Director-General of the South African Department of Home Affairs.
What does the change mean? The case signals that South Africa is serious about applying the Immigration Act, entry bans and criminal prosecution to all travelers, even high-profile and frequent visitors to South Africa.
Background: Mos Def was detained in Cape Town earlier this year when he attempted to leave the country using a “world passport,” which South Africa does not recognize. South African prosecutors also sought to bring criminal charges against the musician. Under the settlement announced by the South African government, Mos Def apologized for his conduct and agreed to leave the country by the end of last week on a U.S. passport. The South African government, in turn, agreed to drop the criminal charges pending against Mos Def but will still bar him from re-entering the country until he has secured a waiver of inadmissibility.
B·A·L Analysis: Travelers to South Africa are reminded that provisions of the Immigration Act, including re-entry bars for individuals declared “undesirable persons,” are in effect and will be strictly enforced.
What is the change? Foreign university students have been granted a “blanket administrative extension” that will allow students whose visas are set to expire on or before Dec. 31 to remain in South Africa until March 31, 2017.
What does the change mean? The change will allow affected students to remain in South Africa three months into the new year to complete their studies, as many of South Africa’s universities grapple with student protests that have disrupted class schedules. Affected students do not need to take any action. However, absent any additional extension, they must leave South Africa on or before March 31.
Background: South Africa’s universities have been struck by demonstrations by students protesting the cost of higher education. The demonstrations have disrupted class schedules and, in some cases, final exams have been postponed until after the new year. This would have meant that some foreign students whose visas were set to expire on or before Dec. 31 would have had trouble completing their studies. The Department of Home Affairs responded this week by issuing Immigration Directive No. 25 of 2016 to provide the extension.
BAL Analysis: The extension is designed to make it easier for foreign students to complete their studies without falling out of status. South Africa has also made it clear that those who stay to complete their studies will not be declared “undesirable” upon departure, which would affect their future ability to come to South Africa, provided they leave on or before March 31.
This alert has been provided by the BAL Global Practice group and J Fetting Inc. in South Africa. For additional information, please contact your BAL attorney.
What is the change? In his Medium Term Budget Policy Statement delivered to Parliament Wednesday, Finance Minister Pravin Gordhan cited immigration as a key factor in future economic growth and reconfirmed the government’s commitment to accelerate immigration reform.
What does the change mean? The Medium Term Budget Policy statement acknowledged immigration as one of five domestic policy areas where the slow pace of implementation and reform has impeded growth, trade and investment, and recommended reforms such as faster processing, longer-validity visas and other measures to reduce the cost of doing business
Background: The Medium Term Budget Policy Statement is the Finance Ministry’s policy document that communicates the economic context in which the forthcoming annual budget will be presented, along with fiscal policy objectives and spending priorities over the next three-year expenditure period. In presenting the statement to Parliament, the Minister commented that “South Africa is undergoing a difficult economic transition” due to global instability as well as structural constraints, but cited immigration as a policy area where the government must implement reforms more rapidly and said that funds will be reprioritized to the Department of Home Affairs to achieve this aim.
The full statement may be viewed here.
BAL Analysis: The statement is a positive indication that the government recognizes immigration reform as a priority in promoting investment, restoring confidence and driving economic growth.
IMPACT – HIGH
What is the change? A temporary visa application office has opened to replace the VFS visa application center in Cape Town, which temporarily closed last week.
What does the change mean? Applicants may submit applications and collect their visas at the new location – 47 Strand Street, 5th Floor, Cape Town – rather than having to travel to George or Port Elizabeth, as originally announced. The office will accept applications from 8 a.m. to 3 p.m., and applicants may collect their decisions between 2 p.m. and 4 p.m. It will accept urgent requests from 9 a.m. to noon on a walk-in basis.
Background: VFS announced the temporary closure of its Cape Town visa application center last week with little notice and few details. Applicants were redirected to George or Port Elizabeth visa application centers, which are both hundreds of kilometers away.
VFS has now announced the temporary location will service Cape Town applicants during the closure of its main office.
BAL Analysis: Employers and individuals submitting applications in Cape Town will save significant time and inconvenience as they will not need to travel to another location, but they should factor in potential delays at the temporary location.
What is the change? VFS Global has announced that the South African visa application center in Cape Town has temporarily closed and that foreign nationals residing in the Western Cape should alternatively submit in-country South African visa and permit applications at the VFS centers in Port Elizabeth or George.
What does the change mean? The closure will cause significant disruptions for visa applicants, as both George and Port Elizabeth are hundreds of kilometers from Cape Town. The online application system also does not allow applicants to change the location of their application submission once an appointment has been booked. Applicants who had appointments booked at the Cape Town application center, or who had intended to submit an application in Cape Town, will need to make alternative arrangements and should expect delays.
Background: VFS posted a message on its website this week saying that the Cape Town visa application center would be temporarily closed. Few additional details were provided.
“We regret the inconvenience caused and are working towards re-opening the center as soon as possible,” the message said. “Please bear with us while we make alternative arrangements for applicants.”
VFS has told BAL that affected applicants should use visa application centers in Port Elizabeth or George in the meantime.
BAL Analysis: Applicants affected by the closure or with urgent immigration needs should contact BAL to discuss the best available options. BAL will monitor events in South Africa and provide notice to clients if additional information about the Cape Town visa application center becomes available.
What is the change? Authorities have temporarily postponed a plan to automate the process for obtaining South African police clearance certificates for temporary residence visa and permanent residence applications.
What does the change mean? Applicants for temporary residence visas and permanent residence permits must continue to apply for police clearance by visiting a police station and obtaining a certificate. The automation plan was announced in September and had been scheduled to take effect Oct. 1, but authorities now say it has been “temporarily postponed until further notice.”
Background: DHA announced last week that it would change to the automated police clearance system, which is similar to those it already uses for Zimbabwean Special Permit and Lesotho Special Permit applications. Following that announcement, however, officials posted a notice that the implementation had been delayed. No additional information was provided.
Applicants should note that, once implemented, the automated service will only be available for South African police clearance certificates for applications filed in South Africa. Those submitting applications outside of South Africa and in need of a police clearance from another country will continue to need to provide a manual police clearance certificate.
BAL Analysis: Until further notice, in-country applicants for temporary residence visas and permanent residence permits will continue to have to obtain police clearance certificates at police stations in South Africa. Applicants should be prepared, for now, to wait three to four months to obtain clearance certificates.
What is the change? The New Zealand Government will impose a visa requirement on South African nationals after an increase in the number of South Africans who have been refused entry.
What does the change mean? Effective 21 November 2016, all South Africans travelling to New Zealand will be required to obtain a visa before travel. Those travelling before 21 November will be able to travel to New Zealand and obtain a visa at the airport but must meet other entry requirements, including health and character requirements.
Background: Currently, South Africans who meet New Zealand’s entry requirements are able to travel to New Zealand and obtain a visa at the airport. This will not be an option beginning 21 November. INZ saw an uptick in the number of South African nationals who did not meet entry requirements and said in a statement Monday that while INZ has been “successful in managing these risks to date, this has been a resource intensive process and the decision has been made to suspend the visa waiver status from South Africa, reinstating visitor visa requirements.” The cost of a visitor visa is currently $165 (NZ); the cost will increase to $184 (NZ) for hard-copy visa applications on 21 November, but will remain at $165 (NZ) for online applications.
BAL Analysis: The visa requirement will apply to all South Africans travelling on or after 21 November, including those who have already booked travel. Those with questions should contact BAL for help in obtaining the proper visa.
This alert has been provided by BAL Australia. For additional information, please contact australia@bal.com.
License Number: 201502417
What is the change? South Africa’s Department of Home Affairs has opened a public comment period on draft amendments to regulations that touch on a number of immigration programs and processes.
What does the change mean? Submissions from the public must be received on or before Oct. 14. The draft amendments touch on rules for parents traveling with children; requirements to establish a spousal relationship; processes for obtaining permanent residence; and revising the application forms for business, work and corporate visas.
Background: South Africa adopted immigration regulations in 2014 that were widely viewed as restrictive and drew the opposition of business organizations that worried the changes would hurt business travel and tourism. Draft amendments to some of the 2014 regulations were recently published in the Government Gazette. The government has opened a public comment period, which comes to an end Oct. 14.
BAL Analysis: BAL continues to review the draft amendments for the impact they may have on clients and welcomes feedback or questions from those who would be affected by the changes.
What is the change? The application period for a program that allows undocumented Lesotho nationals to regularize their status in South Africa will come to an end in two weeks.
What does the change mean? Lesotho nationals who are working, studying or operating a business in South Africa and who have been in the country since Sept. 30, 2015 and meet other criteria have until Sept. 30 to submit applications for Lesotho Special Permits, which will allow them to lawfully remain in South Africa and will be valid through Dec. 31, 2019.
Business impact: In some cases, Lesotho nationals will be required to submit an affidavit from an employer. Authorities have made it clear that there will be no adverse consequences for employers who submit a letter on behalf of an undocumented Lesotho national.
Background: The program to provide amnesty to undocumented Lesotho nationals was launched earlier this year.
To qualify, applicants must: be registered in Lesotho’s National Population Register, have a Lesotho passport or other travel document that is valid for at least four years, and provide proof of employment (in the form of an affidavit from an employer), of self-employment (in the form of business registration with SARS and CIPRO), or of study (in the form of registration at a South African school).
Those with passports or travel documents that are valid for less than three years will not be disqualified, but will be required to pay for both a new passport and a special permit when the passport expires. Those who have been in South Africa for less than 12 months will be required to obtain a Lesotho police clearance that is less than six months old. Lesotho nationals who used fraudulent documents to enter or remain in South Africa will be asked to surrender those documents without penalty when applying for a special permit.
The deadline for obtaining special permits was extended to Sept. 30 in June, but authorities have indicated it will not be extended a second time.
BAL Analysis: The amnesty program offers a good opportunity for Lesotho nationals, as well as employers of Lesotho nationals in South Africa, to regularize their status and obtain a special permit that will remain valid through the end of 2019. Those with questions about the application process should contract their BAL professional.
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