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IMPACT – HIGH
What is the change? In response to the international coronavirus outbreak, the Minister of Home Affairs released a policy document Monday that provides temporary concessions for Chinese nationals in the country.
What does the change mean? Chinese nationals holding visitor’s visas, intracompany transfer work visas, or temporary residence visas that are soon to expire may be eligible to apply for a visa to remain in the country.
Background: Since the outbreak of the coronavirus in December, many countries have imposed travel restrictions on Chinese nationals and many airlines have canceled flights to China, stranding travelers worldwide. All inbound travelers from China to South Africa will be thermal screened on arrival. If the thermal screening or medical questionnaire raise any red flags, on-site medical personnel will perform a further exam. If the exam indicates the individual remains a concern, the individual is taken to the nearest hospital for further testing and treatment.
Chinese nationals already in South Africa with the following visas may apply for concessions:
Analysis & Comments: Companies with Chinese national employees who are eligible under the concessions should apply for visas or renewals as soon as possible. Employers and employees should also be aware of the procedures for all inbound travelers from China to South Africa.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2020. For information, contact Deloitte Touche Tohmatsu Limited.
IMPACT – MEDIUM
What does the change mean? South Africa has relaxed documentary requirements for minors traveling to South Africa from visa-exempt countries.
What does the change mean? Minors traveling to South Africa from visa-exempt countries are no longer required to carry birth certificates or a parental consent letter from an absent parent when traveling with one parent or with an adult other than a parent.
Background: South Africa has been working to rescind documentation requirements for traveling minors put in place in 2015 but subsequently criticized for being overly burdensome and hurting tourism. Since last year, foreign children are generally not required to travel with an unabridged birth certificate if their passport contains details of the parental relationship. Parents or other adults traveling with South African children must present copies of the children’s birth certificate and/or other proof of the relationship. The new South African passports for minors contain the parents’ details.
Analysis & Comments: The change is consistent with South Africa’s agenda to relax barriers to travel and will ease documentation requirements for foreign minors traveling to South Africa from visa-exempt countries.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services. This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? South Africa is piloting e-visas at locations in Kenya this month and at the end of the month will look to expand them to additional countries.
What does the change mean? In addition to expanding e-visas to more countries after the pilot phase, South African officials intend to expand the program to more types of visas, including Critical Skills visas for high-skilled workers filling jobs for which local talent is scarce.
Background: E-visas were among the policy priorities set by the Department of Home Affairs in its annual budget in July. Officials are also expanding visa exemptions to more nationals, having recently extended visa waivers to New Zealand, Qatar, Saudi Arabia and the UAE.
Analysis & Comments: South Africa has been moving toward liberalizing visas, reducing bureaucracy and making processing more efficient. The introduction of e-visas is a welcome development that will provide faster and more convenient processing for eligible visa applicants. Following the pilot phase, e-visas are expected to be introduced in phases to more countries and to Critical Skills visa applicants.
IMPACT – LOW
What is the change? The South African Qualifications Authority is no longer allowing third parties to correspond with them regarding an applicant’s application.
What does the change mean? Third parties, such as immigration advisors and attorneys, may continue to assist in preparing the SAQA application, including submitting it online or in person and picking up an approved certificate.
Background: To qualify for a Critical Skills work visa, foreign nationals must prove they qualify for the role on the critical skills list and apply to SAQA for a certificate of evaluation of their qualifications. To qualify for a General Work visa, an employer must show it has taken steps to employ a South African national, and the SAQA certificate is a part of this process.
Analysis & Comments: Visa applicants may continue to use third parties to apply for a certificate from SAQA, but should plan to engage with the agency directly if they require additional information about their application.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services.This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? South Africa will introduce visa exemptions for New Zealand, Qatar, Saudi Arabia and the United Arab Emirates this month.
What does the change mean? Effective Aug. 15, nationals of the four countries may travel to South Africa for short-term visits without needing to apply for a Visitor’s Visa.
Background: Last month, South Africa announced it would be expanding its visa waiver program as one of its policy priorities in the coming year. Cuba, Ghana, and Sao Tome and Principe are also expected to be visa-exempt in the coming weeks.
Analysis & Comments: The visa exemptions are consistent with South Africa’s move toward liberalizing visa regimes to encourage international visitors, business travel and foreign direct investment. Travelers planning to avail themselves of the visa exemption are reminded, however, that permissible business activities are limited in scope, and any activities considered productive work would require work authorization.
Source: Deloitte. Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services.
This communication contains general information only, and none of Deloitte Touche Tohmatsu Limited, its member firms or their related entities (collectively, the “Deloitte network”) is, by means of this communication, rendering professional advice or services. Before making any decision or taking any action that may affect your finances or your business, you should consult a qualified professional adviser. No entity in the Deloitte network shall be responsible for any loss whatsoever sustained by any person who relies on this communication. © 2019. For information, contact Deloitte Touche Tohmatsu Limited.
What is the change? A revised Critical Skills list is now expected to be drafted in November and finalized in 2020. The list designates occupations deemed critical to the economy and for which high-skilled foreign workers may be granted Critical Skills visas.
What does the change mean? Earlier this year the government was expected to release a more restrictive Critical Skills list. The new schedule suggests that the government will be conducting further research and consultations before releasing the revised list.
Background: A revised Critical Skills list was expected to be released earlier this year. A draft version was circulated in March that excluded general managerial roles. In part because of business sector concerns that the draft version would make it more difficult to attract foreign expertise and investment, the government put that draft on hold and did not issue a final list. The current list, which contains about 211 categories, was published in June 2014.
Analysis & Comments: The deliberative process in revising the Critical Skills list is welcome news. Deloitte provided input to the government regarding the proposed list in September 2018 and continue to engage with policymakers to advocate expansion of the Critical Skills list. It is hoped that the Department of Home Affairs will take into account the concerns expressed by businesses about their labor needs and current shortages of qualified experts in key sectors.
Deloitte refers to one or more of Deloitte Touche Tohmatsu Limited (“DTTL”), its global network of member firms, and their related entities. DTTL (also referred to as “Deloitte Global”) and each of its member firms are legally separate and independent entities. DTTL does not provide services to clients. Please see www.deloitte.com/about to learn more. Deloitte Legal means the legal practices of Deloitte Touche Tohmatsu Limited member firms or their affiliates that provide legal services. For legal, regulatory and other reasons, not all member firms provide legal services.
What is the change? The Department of Home Affairs has outlined its policy priorities for the coming year in a budget speech last week.
What does the change mean? The department expects to roll out the following agenda items in the coming months:
Analysis & Comments: The budget signals the government’s intention to continue to implement visa reforms, expand visa waivers and ease processing to attract tourism, business and investment and high-skilled foreign workers.
Source: Deloitte LLP. Deloitte LLP is a limited liability partnership registered in England and Wales with registered number OC303675 and its registered office at 1 New Street Square, London EC4A 3HQ, United Kingdom.
What is the change? The Department of Home Affairs has issued a directive that restricts short-term work authorization (known as the Section 11(2) endorsement to a visitor’s visa) to 180 days per calendar year. Additionally, in-country renewals of short-term work authorization will be limited to one per year, and a “cooling off” period will be applied to prevent applicants from immediately applying for successive 11(2) endorsements from abroad.
What does the change mean? The directive significantly curtails the use of this popular form of work authorization, which allows foreign nationals to conduct short-term assignments in South Africa, often on a repeat basis.
Background: The directive was issued by the Acting Director of the DHA and appears to be aimed at curbing abuse of short-term work authorization by foreign nationals who use it to perform continuous work.
Analysis & Comments: The directive significantly restricts the use of short-term work authorization, and businesses should anticipate that they may need to apply for other types of work permits for those who previously relied on Section 11(2) endorsements. The policy was released with no notice to stakeholders, but had been put into practice previously. A new DHA Minister is expected to take office, following President Cyril Ramaphosa’s re-election, and although Ramaphosa is on a pro-business platform, it is not yet clear whether additional changes will be made to immigration policies.
What is the change? A new Critical Skills List of occupations that foreign nationals are eligible to fill is scheduled to be released in April. While it is expected to be more restrictive than the current list, it is hoped that our advocacy efforts on behalf of businesses will be considered before the final list is published.
What does the change mean? Employers should plan for elimination of some roles that are available to foreign nationals, especially broader business categories such as corporate general manager and business analyst. On the other hand, job roles in the oil, gas and marine sectors are expected to be added to the list. Employers should also be aware that an unpublished draft of the list from September 2018 seems to have been circulating, and some South African embassies and consulates may already be tightening their issuance of Critical Skills visas based on it.
Background: The Critical Skills visa is available to foreign nationals with qualifications, skills and experience determined to be critical for the economy. The Department of Home Affairs publishes the Critical Skills List periodically. The current list, which contains about 211 categories, was published in June 2014. One of the benefits of the list for companies is that it does not require labor market testing.
Analysis & Comments: The South African government is seeking to attract foreign investment and expertise while also encouraging companies to hire and train South African workers. Immigration authorities are therefore looking to refine the Critical Skills List to jobs that are truly specialized and critical to the economy and in short supply among the local labor force. We provided input to the government regarding the proposed list in September 2018 and advocated expansion of the Critical Skills List. However, the proposed list has not been finalized, and we hope that the final published list takes into account our comments. If the proposed version becomes final without change, companies that have relied on Critical Skills visas for senior managerial roles should anticipate narrowing of the list and may need to find alternatives, such as the General Work Visa, which involves a lengthier process and labor market certification from the Department of Labor.
What is the news? South Africa’s Department of Labour has issued draft regulations on the employment of foreign nationals under the Employment Services Act.
What does it mean? The regulations clarify the advertising and labor certification criteria for general work visas and corporate visas and specify the obligations that employers must fulfil regarding the transfer of skills from foreign workers to South African citizens.
Key points:
Analysis & Comments: The draft regulations strengthen labor market testing and skills transfer requirements to encourage companies to hire and train local employees. Although the labor certification process is not new, the regulations formalize the requirements and regulate the burden on employers for some steps in the process.