The Immigration Act 13 of 2002 is responsible for regulating foreign employment in the Republic of South Africa.
This act lays out the rules and regulations for admission of foreigners into South Africa, their residence in South Africa and their departure from South Africa as well as the ability for foreigners to work within the Republic.
The Immigration Regulations were improved in May 2014 which brought many changes in relation to work visas.
The employment of foreigners is also regulated by The Employment Services Act 4 of 2014 of which came into effect in August 2015 and was introduced to promote employment while simultaneously decreasing the unemployment rates within the Republic.
The Employment Services Act aims to support the employment of foreigners which is consistent with the provisions set out in the Immigration Act.
The Labour Court has jurisdiction to preside over any issues relating to the employment of foreigners and also implements to sanctions for non-compliance as set out in the Immigration Act. Continue reading
Conditions to be adhered to on a Temporary Residence
Business Visa (Section 15 of the Immigration Act of South Africa)
Foreigners on a temporary business visa must ensure that they are compliant with the condition of the Immigration Act.
In most cases where a new business set up occurs, undertakings for certain requirements are allowed.
In such cases the foreigner will have to comply with the prescribed allocated timeframe as per the Immigration Act to submit such conditions.
Within (12) twelve months of issuance for a temporary Business Visa, the holder of such visa must submit proof that 60% of the total staff compliment is employed in the operations of the business.
Such staff must be South African citizens or permanent resident holders in possession of a permanent employment contract in various positions. Continue reading
As from the 26th May 2014 the Department of Home Affairs has introduced the implementation of the new Immigration Act and Regulations in South Africa.
This was quite surprising for the public, of which most insiders were gearing up for the 2nd June 2014, and will probably result in chaotic situations within the next few weeks.
The new immigration policies even surprised the own staff. As the new Regulations and laws have not been made available timely to the branches of Home Affairs, staff members were unable to cope with dealing with these circumstances. At least they weren’t informed about the new regulations at all.
Why such a sudden rush?
In addition the new Regulations do not contain essential practical information such as minimum amounts for the business permit, retired person permit and the list of what are critical skills is also not included. These information will be published in the Government Gazette at a later stage, what leads to the question: Continue reading
The Department of Home Affairs Minister, Naledi Pandor, decided to officially withdraw Immigration Directive No 43 of 2010 with immediate effect.
This Directive allowed foreigners to travel in and out of the Republic of South Africa on expired temporary residence permits with the original Acknowledgement of Receipt as proof that an application has been submitted and was still pending with the Department of Home Affairs.
With the withdrawal of Directive 43, foreigners will no longer be able to travel with the receipt and will be considered in contravention of the Immigration Act should they decide to depart from South Africa whilst their applications are still pending and their current permits expired. They will also be subjected to an administrative fine for overstaying their permit conditions.
Airlines abroad were advised to check whether their travelers were in possession of this acknowledgement of receipt and must refer these travelers to their South African Embassies, Consulates and High Commissions abroad. These airlines not adhering to the entry requirements of South Africa will also be liable to an administrative fine.
For applicants currently on a valid temporary residence permit and wanting to travel and thereafter return to South Africa to collect the outcome of his / her temporary residence permit application results, we strongly recommend to rather remain in the Republic and wait for the permit application to be finalized. Continue reading