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IMPACT – HIGH
What is the change? Following the recent acknowledgement by the Department of Home Affairs that more than 4,000 permanent residence applications have been misplaced, affected foreign nationals have until July 31 to resubmit.
What does the change mean? The DHA has published in the National Government Gazette the list of permanent residence applications that the agency has recorded as received but which have subsequently been misplaced. All foreign nationals who appear on the list have until July 31 to resubmit their permanent residence applications by email. Applications resubmitted after that date will not be accepted.
Background: Prior to June 2, 2014, the DHA utilized a “track and trace” case management system for permanent residence applications. Further to an internal review, the DHA has discovered that 4,616 permanent residence applications are detailed in the system as received but with no corresponding outcome recorded and no copy of the application available to adjudicate. As such, the DHA has given affected applicants until July 31 to resubmit their applications.
BAL Analysis: Although the DHA notice suggests that only permanent residence applications submitted prior to June 2, 2014 have been misplaced, BAL is aware that applications submitted after that date may also be affected. As such, all foreign nationals with pending permanent residence applications, regardless of the date of submission, should check the list published in the National Government Gazette to determine if they are affected. No permanent residence applications submitted by BAL appear on the list and clients have already been contacted individually to allay any potential concern. Those who have already received their permanent residence permits, but whose names appear on the list, do not need to resubmit their applications but must provide a copy of their permit to the DHA via email so that the outcome can be correctly recorded. To avoid further delay, applicants who appear on the list should resubmit their applications as soon as possible and no later than July 31. The DHA plans to complete adjudication of all resubmitted permanent residence applications by the end of the year.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
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IMPACT – MEDIUM
The South African minister of Home Affairs, Hlengiwe Mkhize, released a budget policy statement this week that sets out her department’s immigration priorities for the coming 12 months.
Key points:
The turnaround standard set last year—a goal that 85 percent of permanent residency permits be delivered within eight months of application submission—will be maintained. The target for adjudicating business (investment) visas and general work visas has also been maintained, at 90 percent within eight weeks. The turnaround standard for critical skills work visas has been increased by 5 percent to 80 percent within four weeks of application submission.
The Department of Home Affairs will prioritize immigration proposals contained in the White Paper that was approved by the Cabinet in March and which is expected to be published shortly. “Our focus is now on implementing the White Paper, approved by Cabinet in March 2017,” Mkhize said. “The policy development process will result in a comprehensive overhaul of immigration and refugee legislation.”
Work will continue on establishing the new Border Management Agency, which will oversee all border issues. The goal for the agency is be operational in the current fiscal year with the integration of border management to then be implemented in phases.
BAL Analysis: The budget statement confirms that the DHA will continue to pursue comprehensive changes to the immigration system proposed in the White Paper. After the White Paper is published and open to public comments, legislation on implementing the changes will be introduced. A BAL Backgrounder on proposed changes and their potential impact on employers is available here.
A strike by workers in the Department of Home Affairs appears to have been averted after the DHA and a union representing the workers reached an agreement on a working-hours dispute.
Workers had planned to launch a strike on June 19, but the National Education, Health & Allied Workers’ Union (Nehawu) said Friday it had reached a settlement with the government. Union leaders said they will brief workers on the agreement Monday morning.
It appears that normal operating hours and immigration services will continue for the foreseeable future. A strike likely would have caused significant delays at airports and to in-country immigration services.
Background: As BAL reported earlier this month, the dispute stemmed from the DHA’s decision to adjust employee shifts when it changed its offices’ hours in 2015. The sticking point for the union was that workers were asked to cover Saturday shifts, adding an extra work day to their schedules even though, according to the DHA, employees were still on a 40-hour work week. Nehawu said in a Facebook post Friday that the government agreed to withdraw the 2015 policy and that “workers will revert back to the working conditions that were applied prior to the introduction of the imposed new working hours” in 2015. A statement posted on DHA’s website said that agency officials would brief the media on Saturday about “the settlement agreement reached between the parties.”
BAL Analysis: A strike would have caused significant disruption to travel and immigration services, and news of the agreement is a welcome development.
What is the change? South Africa’s National Assembly has passed a Border Management Authority Bill that would consolidate all border-related matters under a single Government Agency, thus strengthening the Department of Home Affairs’ move to reposition itself as an enabler of national security.
What does the change mean? The bill would lead to stepped-up screening processes at airports and other points of entry, likely causing travel delays. Additional delays would be expected during the bill’s implementation phase, as officials would take on new jobs and have different responsibilities. The bill now goes to the National Council of Provinces for concurrence.
Background: Passage of the bill was achieved on the third attempt after minority political parties had twice successfully blocked the bill by walking out of National Assembly proceedings, denying the body a quorum. The bill ultimately passed, but the ANC’s political opponents nonetheless showed surprising strength in frustrating initial attempts. It is possible that similar strategies could be used when South Africa’s governing majority moves forward with plans to overhaul other key immigration programs.
While the Border Management Authority Bill has been seen as a key plank in the government’s overall immigration plan, the additional proposed changes to the immigration policies would be more significant for high-skilled workers and their employers.
Department of Home Affairs Minister Hlengiwe Mkhize confirmed in May that the Cabinet had approved a proposed white paper on immigration and said officials were taking steps to implement new proposals. It is anticipated that the white paper, which has not yet been published, will introduce a points-based system for work permits, new fees for employers who use foreign labor in order to fund training and education programs for local workers, and the waiver of visit visa requirements for citizens of African Union countries.
BAL Analysis: The Border Management Authority Bill has been heralded by the Department of Home Affairs as a key piece of legislation that will help the department achieve its full mandate as a critical enabler of inclusive economic development, national security, effective service delivery and efficient administration. Critics have pointed out that similar legislation in other countries has failed to deliver on its promises and, in some instances, has subsequently been reversed at huge administrative delay, cost and inconvenience to employers and travelers. BAL is following the progress of the Border Management Authority Bill as well as other immigration proposals, and continues to work closely with clients to advocate policies favorable to foreign direct investment.
Labor unions representing workers in the Department of Home Affairs have served the DHA with a notice to strike starting June 19 after the two sides could not reach agreement yesterday on a working-hours dispute.
Background: As BAL reported yesterday, the dispute stems from the DHA’s decision to adjust employee shifts when it changed its offices’ public opening and closing hours in 2015. A sticking point for the union is that workers are being asked to cover Saturday shifts, adding an extra work day to their schedules even though, according to the DHA, employees are still on 40-hour work weeks. The DHA said in a statement that it offered to let employees take Wednesdays off to make up for the Saturday shifts, but the unions said they want the order implementing the 2015 schedule reversed and that employees should be allowed to work Saturdays, but only if they volunteer to do so. The unions initially said that workers would strike in July if an agreement was not reached, but after the two sides failed to reach an agreement yesterday, the unions moved up their timetable. Workers have now informed the DHA that they are set to strike from June 19.
BAL Analysis: Those planning travel to South Africa on or after June 19, or who will need in-country immigration services in the coming weeks, should take note that a strike is highly probable and make backup plans if necessary. The strike would be for an indefinite period, meaning the possibility for a prolonged work stoppage is possible. BAL will continue to follow the matter and will report to clients on significant developments.
What is the change? The union representing workers in the Department of Home Affairs has threatened a nationwide strike next month if a dispute over working hours is not resolved. DHA and union officials met today to work toward an agreement, but it was not clear if a deal would be reached.
What does the change mean? A strike would cause significant disruptions to immigration, travel and other DHA services.
Background: The dispute is related to the DHA’s decision to adjust employee shifts when it changed its offices’ public opening and closing hours in 2015. DHA Director General Mkuseli Apleni said in a statement that the DHA continued to comply with working hour laws, including a 40-hour work week, and that the change in public opening and closing hours was essential to the DHA delivering critical services effectively. South Africa’s Constitutional Court instructed the two sides to try and resolve their disagreements, but the union said they will begin a strike next month if no agreement is reached.
BAL Analysis: There has been no disruption of services up to this point, but a strike next month appears likely given recent media statements of the two parties to the dispute. BAL will continue to follow the matter and will report to clients on significant developments, including any potential disruption in services.
South Africa is moving ahead with plans to overhaul its immigration policies, with Department of Home Affairs Minister Hlengiwe Mkhize confirming this week that the Cabinet has approved the proposed White Paper on immigration and is taking steps to implement new proposals.
It is anticipated that the White Paper, which has not yet been published, will introduce a points-based system for work permits, new fees for employers who use foreign labor in order to fund training and education programs for local workers, and the waiver of visit visa requirements for citizens of African Union countries.
“The transformation of South Africa’s international migration policy is among the major priorities of the department,” Mkhize said, adding, “We are focusing on implementing the White Paper approved by the Cabinet in March 2017. This is an important milestone for South Africa.”
Background: Mkhize announced that the White Paper had been approved during a speech on an upcoming budget vote for the Department of Home Affairs. She also committed the DHA to completing plans for a National Identity System (NIS) to replace the National Population Register and increasing efforts to digitize records and issue more smart ID cards. She said standards would remain in place to process 85 percent of permanent residence permit applications within eight months and 90 percent of temporary residence visa applications under the general work visa and business visa categories within eight weeks. The DHA is also committing to improve the target for the critical skills visa category by 5 percent so that 80 percent of applications are adjudicated within four weeks.
BAL Analysis: The White Paper’s policy objectives and proposed changes have potentially far-reaching implications for South African employers and international companies that rely on foreign talent. Companies should anticipate significant changes to the country’s immigration regime in the coming year. BAL is following the progress of these proposals and will work closely with our clients to advocate policies favorable to foreign direct investment.
What is the change? The new Minister of Home Affairs, Hlengiwe Mkhize, has been asked to consider removing controversial visa rules put in place by her predecessor that require children to carry documents evidencing the consent of their parents when traveling into or out of South Africa.
What does the change mean? A report on the impact of the rules on South Africa’s tourism industry found that 13,000 travelers were turned away en route to South Africa in 2016 because they lacked the required documentation.
Background: The rules were implemented in 2015 after several delays. Intended to prevent child-trafficking, the rules were roundly criticized as overly burdensome on travelers. Concessions were later made, but recent figures show the country’s tourism industry continues to be negatively impacted.
BAL Analysis: The rules for traveling minors remain in place, but the change in leadership at the Department of Home Affairs could lead to a review and possible additional concessions.
Home Affairs Minister Hlengiwe Mkhize said this week that she will prioritize applications under South Africa’s critical skills work visa category and continue former Home Affairs Minister Malusi Gigaba’s general immigration positions.
Key Points:
Background: President Jacob Zuma overhauled his cabinet at the end of March, moving Gigaba from his old post as Minister of Home Affairs to Finance Minister. Mkhize, who previously served as Deputy Minister of Telecommunications and Postal Services, took over atop the Ministry of Home Affairs.
BAL Analysis: Mkhize’s stated intention to focus on applications under South Africa’s critical skills work visa category is a good sign for employers intending to bring high-skilled foreign workers to South Africa. The cabinet shake-up last month raised some questions about whether Gigaba’s policies would continue under new leadership, and Mkhize signaled this week that she would, by and large, pursue similar policies. BAL will continue to follow the proposed immigration reform in South Africa under new leadership in the Department of Home Affairs.
President Jacob Zuma has overhauled his cabinet, moving Malusi Gigaba from his post as Minister of the Department for Home Affairs to Finance Minister. The new Minister of Home Affairs will be Hlengiwe Mkhize, who previously served as Deputy Minister of Telecommunications and Postal Services.
Background: Gigaba was appointed to lead the Department of Home Affairs in 2014. In recent months, he had pushed for immigration reforms and increased workplace inspections targeting businesses that employed undocumented immigrants. He will replace Pravin Gordhan as Finance Minister after Zuma fired Gordhan and other cabinet members in a major personnel shake-up.
BAL Analysis: BAL will continue to follow the proposed immigration reform in South Africa and whether it will change under new leadership in the Department of Home Affairs.