IMPACT — MEDIUM

The South African government has introduced the Trusted Employer Scheme, allowing eligible companies to obtain work visas more quickly for highly skilled foreign nationals.

Key Points:

  • A company must demonstrate its financial capacity to employ a foreign national, its commitment to training programs for South African citizens and its status as a responsible corporate entity to qualify for the TES. Specific requirements include:
    • Making a 500 million ZAR (about US$26.3 million) investment.
    • Employing at least 500 employees, 60% of whom must be South African nationals.
    • Being in an industry that is of national priority or strategic importance.
    • Showing proof of an existing Skills Transfer Program or Graduate Development Program.
    • Having gross revenue of at least 35 million ZAR.
  • Authorities have not opened applications to TES at this time; once opened, employers will have 30 days to apply for the program.

Additional Information: South African authorities will initially accept only 100 companies for TES. After a 100-day review period, authorities plan to allow more companies to register for TES.

BAL Analysis: The South African government introduced the Trusted Employer Scheme to attract skilled workers and manage immigration, particularly in cases where high volumes of applications need to be processed. Companies that participate in the program can benefit from priority processing of their visa applications.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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.

IMPACT — MEDIUM

The South African government has not extended the validity of Zimbabwe Exemption Permits past June 2023.

Key Points:

  • Zimbabwean nationals who hold ZEPs can stay in South Africa until June 30, 2023.
  • ZEP holders must leave the country after June 30 as their permits will no longer be valid.
  • ZEP holders who are unable to secure a different visa for after June 30 can be deported.

Background: The ZEP program began when the South African government granted “special dispensation” for Zimbabweans who were in the country illegally, many of them having had fled violence and instability in Zimbabwe. The South African government replaced Special Dispensation for Zimbabweans with Zimbabwean Special Permits in 2014 and again in 2017 with the introduction of the ZEP.

BAL Analysis: ZEP holders must secure a different visa by June 30, 2023, in order to stay in South Africa legally. BAL will continue to monitor developments regarding the visa extensions and will provide more information as it becomes available.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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.

IMPACT —­ MEDIUM

The South African government announced that it plans to introduce reforms to various work visas.

Authorities plan to:

  • Decentralize the adjudication of visa applications to foreign missions and streamline visa application requirements to reduce processing times for obtaining a work visa.
  • Introduce a Trusted Employer Scheme for qualifying companies and establish a points-based system to provide more flexible pathways for skilled applicants.
  • Implement new visa categories for remote workers and start-ups to attract entrepreneurs and increase economic activity.
  • Expand the e-Visa system to include an additional 20 countries (increased from the 14 currently eligible) and extend the e-Visa system to cover new visa categories such as study, business and intra-company transfer visas.

BAL Analysis: The South African government plans to overhaul its work visa system to attract highly skilled foreign nationals and create jobs while protecting and promoting the employment of South Africans. Authorities have not yet announced when they will implement the changes.

This alert has been provided the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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.

IMPACT — MEDIUM

The South African government has relaxed its document requirements for those applying for visas and residence permits.

Key Points:

  • Foreign nationals are no longer required to submit a radiology report when applying for a temporary residence visa or permanent residence permit.
  • Foreign nationals ages 18 and older must only provide police clearance certificates from countries they have lived in longer than 12 months for the past five years.
  • Previously, such individuals were required to provide PCCs from countries they lived in longer than 12 months since turning 18 years old.

BAL Analysis: The South African government relaxed its document requirements to reduce the time it takes to apply for temporary residence visas and permanent residence permits.

This alert has been provided the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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.

IMPACT — MEDIUM

The South African government has provided a blanket extension to foreign nationals renewing visas or waivers to stay in South Africa.

Key Points:

  • Individuals who have a pending visa or waiver application have received an automatic extension of stay until at least Dec. 31, 2023. Under a previous extension, individuals with pending visa or waiver applications were permitted to stay through March 31, 2023.
  • Foreign nationals with pending long-term visa applications, who are from countries that are exempt from entry visa requirements, can depart South Africa and return by showing their Visa Facilitation Service Center receipt.
  • Individuals from countries that require a visa to enter South Africa are advised not to travel as they will need to apply for a visa in their country of residence to return to South Africa.
  • Those who have expired visas and wish to leave South Africa can do so without being declared undesirable upon their departure if they leave before April 30.

BAL Analysis: The South African government has granted the automatic visa and waiver extensions to help those who have been negatively impacted by current processing delays. Foreign nationals with pending waiver or visa applications can now stay in the country legally until at least Dec. 31, 2023.

This alert has been provided the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 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.

IMPACT — MEDIUM

The South African government dramatically increased the rate of visa application rejections over the past few weeks.

Key Points:

  • Over the past two weeks, reports have shown a 70% to 80% increase in rejections for visa applications.
  • The South African government has yet to officially confirm the reason for the increase; however, the assumption is that it is an attempt to clear the application backlog.
  • Authorities are notably rejecting Intra-Company Transfer work permit applications at a higher rate than other applications.
  • Applicants who receive a rejection can reapply or appeal the decision within 10 business days after receiving the rejection. The current processing time for an appeal is three to four months.

BAL Analysis: The South African government appears to be rejecting an increased number of visa applicants to help reduce a visa backlog that built up over the course of the COVID-19 pandemic. Employers should be aware of this trend and are encouraged to work closely with their immigration providers if an employee has an application rejected. BAL will continue to follow this development and will provide updates as information becomes available.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.

IMPACT — MEDIUM

The South African government recently announced that it will implement a visa waiver for Kenyan nationals.

Key Points:

  • Beginning Jan. 1, 2023, Kenyan nationals will be able to enter South Africa for tourism and business purposes without obtaining a visa before traveling to the country.
  • Kenyan nationals will be able to stay in South Africa for up to 90 days to conduct business activities, including attending business meetings or conferences.
  • Kenyan nationals will not be able to perform paid work activities in South Africa through the visa waiver program.

Additional Information: A full list of countries eligible for visa-free entry into South Africa is available here.

BAL Analysis: The South African government announced the implementation of the visa waiver for Kenyan nationals to promote investment and economic opportunities in the country, as well as increase tourism.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.

IMPACT – MEDIUM

The South African government has announced that it will significantly increase passport fees in November.

Key Points:

  • Beginning Nov. 1, application fees will increase for:
    • Adult passports with 32 pages from 400 ZAR to 600 ZAR.
    • Adult passports with 48 pages from 800 ZAR to 1,200 ZAR.
    • Children’s passports from 400 ZAR to 600 ZAR.
    • Documents for travel purposes from 300 ZAR to 600 ZAR.
    • Crew member certificates from 350 ZAR to 600 ZAR.
  • Individuals applying passports at South African embassies or consulates overseas will pay additional fees. Overseas application fees will increase for:
    • Adult passports with 32 pages from 400 ZAR to 1,200 ZAR.
    • Adult passports with 48 pages from 800 ZAR to 2,400 ZAR.
    • Children’s passports from 400 ZAR to 1,200 ZAR.

Additional Information: On Nov. 1, South African authorities will begin charging 600 ZAR for Diplomatic and Official passports, both of which are currently free of charge until Nov. 1. Emergency travel certificate fee will remain at 140 ZAR.

BAL Analysis: The South African government planned to increase passport application fees after it determined the production costs of passports were much higher than their associated fees. South African passport application fees were last increased in 2011.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.

IMPACT – MEDIUM

The South African government has extended the validity of Zimbabwe Exemption Permits (ZEPs) until June 2023.

Key Points:

  • Zimbabwean nationals who hold ZEPs can continue to stay in South Africa until Jun. 30, 2023.
  • ZEP holders do not need a valid exemption certificate or an authorization letter to remain in South Africa when applying for a different visa.
  • ZEP holders will not be arrested, detained or deported for any reason related to the individual not having a valid exemption certificate.
  • ZEP holders who are unable to secure a different visa after the grace period can be deported.

Background: The ZEP program began when the South African government granted “special dispensation” for Zimbabweans who were in the country illegally, many of them having had fled violence and instability in Zimbabwe. The South African government replaced Special Dispensation for Zimbabweans with Zimbabwean Special Permits in 2014; it replaced Zimbabwean Special Permits with ZEPs in 2017.

BAL Analysis: Under the current extension, ZEP holders must secure a different visa by June 30, 2023, in order to stay in South Africa legally. BAL will continue to monitor developments regarding the visa extensions and will provide more information as it becomes available.

This alert has been provided by the BAL Global Practice group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.

IMPACT – MEDIUM

The South African government has provided a blanket extension to foreign nationals renewing visas or waivers to stay in South Africa.

Key Points:

  • Individuals who have a pending visa or waiver application have received an automatic extension of stay until at least March 31, 2023. Under a previous extension, individuals with pending visa or waiver applications were permitted to stay through Sept. 30, 2022.
  • Foreign nationals with pending long-term visa applications who are from countries that are exempt from entry visa requirements can depart South Africa and return by showing their Visa Facilitation Service Center (VFS) receipt.
  • Individuals from countries that require a visa to enter South Africa are advised not to travel as they will need to apply for a visa in their country of residence to return to South Africa.
  • Those who have expired visas and wish to leave South Africa on or before March 31, 2023, can do so without being declared undesirable upon their departure from South Africa.

BAL Analysis: The South African government has granted the automatic visa and waiver extensions to help those who have been negatively impacted by current processing delays. Foreign nationals with pending waiver or visa applications can now stay in the country legally until at least March 31, 2023.

This alert has been provided by Berry Appleman & Leiden. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2022 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.