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IMPACT – MEDIUM
What is the change? South Africa has changed the way it calculates visa validity such that the validity period will begin on a date specified in the visa application rather than the date a visa is issued.
What does the change mean? The change will have the effect of prolonging the validity period for a number of visa holders because visas were previously valid from the date they were issued, which in many cases was days or even weeks before a visa holder’s arrival in South Africa.
Background: Before the change, applicants who applied ahead of time for a visa to South Africa would sometimes have their validity period effectively cut short because their visas would be issued before their travel to South Africa. Visas will now be valid from a date specified in the visa application to avoid this problem. The change will also make the visa renewal process smoother because new visas will be valid from the point that an old visa expires rather than the date a new visa is issued.
BAL Analysis: Nothing about the visa application process has changed, but visas are now being issued with a “valid from” date rather than an “issue date.” This will provide for longer stays in South Africa before visa holders have to leave the country or renew their visa.
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.
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When traveling to South Africa, your nationality and the types of activities you will conduct during your trip will determine whether you may travel lawfully as a business visitor or if you require work authorization. Please seek advice from your immigration counsel if you are uncertain about the specific types of activities that constitute business or work.
As a business visitor to South Africa, you may engage in the activities below. While this list is not exhaustive and other activities could qualify as business, you may:
In most cases, foreign nationals are advised to only engage in business activities for up to 10 business days in any 90-day period. In some cases, activities may be conducted for a longer period of time. An individual assessment is recommended prior to travel to determine the advisable period of time that the activities may be conducted.
Nationals of Canada, the United States, and other select countries are eligible for a visa waiver and are not required to obtain a visa to enter and conduct business activities in South Africa.
Foreign nationals who are not eligible to enter South Africa on visa-waivered status must obtain a Visitor’s Visa with an endorsement permitting business activities from a South African Consular Mission prior to travel. Please obtain an individual assessment before traveling to determine your eligibility for a visa waiver.
The activities below, whether paid or unpaid, generally constitute work under South African law. This list is not exhaustive, and many other professional activities are considered work in South Africa, even if conducted for a short duration.
The requirements for work authorization depend on your qualifications, on the nature and duration of your work and on whether your employer has an entity in South Africa. The most common work authorization types for South Africa are:
South Africa offers special permits for select nationals. Holders of these permits may be exempt from obtaining a Work Visa. Please consult with your immigration counsel to determine eligibility.
Inevitably, the legal and strategic considerations impacting visa selection, as well as visa waiver and work authorization eligibility, entail the careful consideration of many factors. We recommend that you consult with your immigration counsel before taking any course of action.
IMPACT – HIGH
What is the change? As of June 1, all Indian-based applications for South African visas must be lodged through VFS, the South African government’s outsourced visa processing provider; applications are no longer accepted by South African embassies or consulates in India. As a result, an additional VFS logistics fee of 1,382-1,643 Indian rupees (about US$20-25) will be charged per long-term visa application, over and above the current South African government fee.
What does the change mean? Before June 1, South African long-term visa applications, including work visa applications, were submitted directly to the South African High Commission in Delhi or the Deputy High Commission in Mumbai, while visit visa applications were submitted via VFS. In line with the advance notice of the process change that was published on April 30, employers should be aware that as of June 1, all applications for South African visas for foreign nationals applying in India will now only be accepted through VFS.
Background: Before the recent process change, South African work visa applications and other long-term visa applications were submitted directly to the South African missions in India; only visit-visa applications were lodged with VFS. Now, all India-based applications for South African visas must be submitted via one of the VFS offices, whether for a visit visa or long-term visa.
BAL Analysis: Employers should be aware of this significant change in process for foreign employees applying in India for South African work visas and should budget for the additional VFS filing fees.
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? South Africa has agreed to several visa-liberalization measures for Kenyan nationals, including 10-year multiple-entry visas for frequent business travelers and relaxed rules for Kenyan students in South Africa.
What does the change mean? The changes aim to attract Kenyan business and tourist visitors to South Africa and to encourage Kenyan students to pursue South African graduate and post-graduate qualifications.
Background: South Africa’s Minister of Home Affairs agreed to the package of changes on a visit to Kenya May 2-4. The list of changes for Kenyan nationals includes:
BAL Analysis: The concessions are part of a bilateral agreement between Kenya and South Africa. After implementing stricter visa rules and procedures in 2014 that negatively impacted business travel and tourism, the Department of Home Affairs agreed to roll out several concessions that cover other foreign nationals. Some measures, such as multiple-entry visas and biometrics on arrival, have been implemented or piloted and more concessions are expected in the coming year.
What is the change? A recent decision of the Department of Home Affairs to prohibit asylum seekers from applying for temporary or permanent residence status while in South Africa faces a legal challenge. The DHA is expected to defend the court action, which is scheduled for an April 21 hearing.
What does the change mean? Pending the outcome, employers should be aware that foreign nationals applying for asylum in South Africa continue to be work authorized but must be immediately terminated if their applications are refused and they no longer have the option to apply for work permits while in South Africa.
Background: The number of employers impacted by the recent change in DHA policy is potentially significant, given that an estimated 10 percent of the South African workforce are foreign nationals with outstanding asylum applications. Nearly 870,000 new asylum applications were submitted to the DHA between 2008 and 2013.
Under a 2008 court order, the DHA allowed asylum seekers to apply for temporary or permanent residence permits without risk to an outstanding asylum application. Under a recent policy change, however, the DHA no longer allows asylum seekers to change immigration status in-country, requiring them to return home to apply for a temporary or permanent residence permit. The change effectively forces them to give up their asylum claim before submitting an application for temporary or permanent residence. The policy became effective Feb. 3 and applies to all outstanding applications regardless of the submission date.
BAL Analysis: As applications for temporary residence permits include applications for South African work permits, employers need to be aware that, although foreign nationals applying for asylum in South Africa continue to be work authorized, the employment of the foreign national must be immediately terminated if the DHA refuses that application. Employers should also be aware that, pending the outcome of the current legal challenge to the DHA policy, the foreign national can no longer apply for a work permit while in South Africa.
What is the change? South Africa has begun issuing multiple-entry visitor visas that are valid for up to three years to business travelers, tourists and academics.
What does the change mean? The new visas are not available to first-time applicants or nationals of visa exempt countries. However, the change will greatly benefit frequent travelers who require visitor visas to enter South Africa because the allowable extended validity period should significantly reduce the need for repeat visa applications.
Background: The change is part of South Africa’s continuing efforts to address criticism that strict visa rules have caused a decline in travel to the country.
The new visit visas will be valid for up to three years, but may be issued with shorter validity periods at the discretion of the South African mission issuing the visa. Visa holders will be permitted to stay in South Africa for up to 90 days on each visit for business, tourism or academic purposes. Work activities are not permitted on visitor visas, and work authorization is still required in this regard.
BAL Analysis: The change does not affect nationals of visa exempt countries. The longer-validity visas will make travel more convenient for foreign nationals who require a visa and who travel frequently to South Africa.
What is the change? A senior official of the Department of Home Affairs has been charged with corruption for allegedly accepting a police informant’s bribe to facilitate the processing of permits.
What does the change mean? Companies are reminded that corruption does exist and that cases processed unusually quickly and without reasonable explanation should be treated as suspicious and investigated.
Background: The arrest is the latest in the Department of Home Affairs’ ongoing anti-corruption operation, Bvisa Masina (“throw out the rot”). Launched in April 2015, this initiative is generally considered to have been a success. According to a statement by the Home Affairs Minister, there have been more than 30 arrests to date and multiple officials have been given prison sentences for various crimes, such as selling fraudulent documents and manipulating permit procedures.
In the most recent case, a special unit of the South African police force, working in cooperation with an anti-corruption unit of the DHA, arrested the senior DHA official on Dec. 17. She was subsequently charged with accepting a police informant’s bribe of 40,000 rand (about US$2,600) in connection with the processing of permits and has been released on bail pending a criminal court appearance.
BAL Analysis: The arrests and other successes of the Bvisa Masina operation are evidence of the DHA’s commitment to tackle both perceived and actual corruption in South African immigration processes and that the necessary resources have already been devoted to the cause. Employers should note the DHA’s policy of zero tolerance and its stated intention to deal decisively with fraud and corruption. In addition, employers should be mindful that the seniority of the DHA official most recently arrested may impact all applications, in at least the short-term, as immigration officials may now be inclined to take longer to adjudicate cases and to interpret rules and procedures more conservatively in order to avoid any possible appearance of irregularity.
What is the change? VFS Global processing centers and other offices and agencies providing immigration services will close or limit operations for roughly two weeks during the Christmas and New Year holiday season.
What does the change mean? Services will be limited. Visa and work permit applications that are pending may be delayed by two weeks or more. Applicants should submit applications as soon as possible.
Background: VFS Global processing centers in South Africa will be closed for submissions and appointments from Dec. 22 until Jan. 3. During some of that time, offices will remain open for collections between the hours of 8 a.m. and 3 p.m.
The South African Qualifications Authority will be closed from Dec. 23 until Jan. 4. During SAQA’s closure, qualifications evaluations for Critical Skills Work Visa and General Work Visa applications will be placed on hold. Most professional boards and councils will also be closed during the holidays, some as early as Dec. 18 until Jan. 4 or Jan. 11. These closures also affect qualifications evaluations for Critical Skills Work Visas. South African embassies and consulates will be closed to the public for varying periods between Dec. 24 and Jan. 4. Foreign embassies and consulates in South Africa will also be closed for varying periods between Dec. and Jan. 11.
BAL Analysis: Holiday closures will cause processing delays, so those in need of immigration services are advised to submit applications as early as possible. Those with questions about specific closures should contact the relevant office or agency or their local BAL professional.
This alert has been provided by the BAL Global Practice group and our network provider located in South Africa. For additional information, please contact your BAL attorney.
What is the change? South Africa’s diplomatic missions in New Delhi and Mumbai are facing increased workload and staffing shortages that have caused serious processing delays.
What does the change mean? Foreign nationals applying for work permits or visas at South African missions in New Delhi or Mumbai should submit their applications as soon as possible and anticipate delays.
Background: The delays are due to a shortage in staffing and an increase in demand for visas, permits and other services. South African officials in India have reported that they are experiencing roughly double their normal workload. There is no indication at this point of when delays might be alleviated, but the backlogs are serious. More than 800 applications are pending in Mumbai, and officials this month were still busy with visa applications from June.
BAL Analysis: Travelers in need of immigration-related services at South African missions in India should submit applications as soon as possible to avoid unnecessary delays in their travel.
What is the change? After a meeting of the Inter-Ministerial Committee on strict visa rules that have caused a decline in travel to the country, the Department of Home Affairs announced policies that will make it easier for visitors to apply for visas. Rules that children carry birth certificates will continue to be enforced, but with some easing of the rules for minors from visa-exempt countries.
What does the change mean? The department promises in the next three months to launch a pilot program to take biometrics at ports of entry for foreign visitors whose home country does not have a South African consular mission and to consider multiple-entry visas that will be valid for up to three years for frequent business travelers. The department will consider longer-range policies in the next year, including expansion of visa centers and consideration of longer-validity visas or visa waivers for China, India and Russia.
Background: Last year, South Africa introduced strict rules on visas and traveling children. Visa applicants were required to appear in person at a South African consulate to give biometrics, making it especially difficult for foreign nationals from countries that do not have a South African mission to obtain visas. The rules on traveling minors required them to carry unabridged birth certificates or permission from their parents or guardians, or a divorce or death decree of parents where necessary.
The onerous rules have cause tourism to nosedive, leading to the meeting of the Inter-Ministerial Committee. Following that meeting, the Department of Home Affairs announced several changes:
Regarding in-person visa application rules, the DHA plans in the next three months to:
In the next year, DHS plans to:
Rules mandating that traveling minors carry unabridged birth certificates will remain in effect for outbound and inbound children, but will be eased for visa-waived children in place of a strong advisory for certain documentation.
BAL Analysis: While the proposed measures may ease short-term business travel as well as travel for children from visa-waived countries, it is important to note that the DHA has not implemented the new measures, and the dates and details of implementation remain vague. Therefore, current rules remain in place.