New immigration and visa laws questioned

Home affairs minister Malusi Gigaba said, “We remain resolute that the new immigration regulations are in line with our objective of managing immigration efficiently and effectively while protecting the integrity of our borders and the sovereignty of our country.

“…we believe it is imperative that we tighten our legislation as we continue to ensure the effective and secure management of immigration in the national interest including economic, social and cultural development.”

Addressing the media in Pretoria, Gigaba said the department was on course to implement the new immigration regulations for the year.

Gigaba said 11 visa facilitation centres would be opened across the country by the end of June.

Deputy Minister of Home Affairs, Fatima Chohan said the facilitation centres would be available for foreign nationals who needed to extend their existing visas while in the country.

Under the new regulations:-

•  Children must have their own passports and an unabridged birth certificate when travelling with people who were not their parents.

•  Study visas will be issued for the duration of the study or course.

•  Life partners and spouses must be together for two years prior to the visa application.

•  Visa applications must be done 60 days before the current visa expires.

•  Cross-border and transit permits have been repealed.

•  Intra-company visa applicants must be employed with the foreign office for more than six months.

•  An intra-company transfer work visa will be issued for a period of four years.

•  People who overstay their visit will be declared as undesirable – fines will no longer be charged for overstaying.

•  A ban of between one to five years will apply to people who overstay their visit.

•  The quotas for work permits and exceptional skills work permits had also been repealed and in their place a critical work visa had been introduced.

•  A foreigner issued with a business visa must now have a staff complement made up of 60 percent South Africans or permanent residents.

•  Business visas require a letter of recommendation from the Department of Trade and Industry.

•  No business visa may be issued or renewed to a foreigner who intends to establish or invest in a business that is listed as ‘undesirable business’.

However, Gigaba said the department still needed to determine guidelines for what constituted ‘undesirable business’, businesses in the national interest as well as the amount to be invested in securing a business visa.

Meanwhile, DA Shadow Minister of Home Affairs, Haniff Hoosen described the regulations as an “inefficient policy”, adding that it had already negatively impacted investment.

“The regulations’ various omissions and lack of definitions and criteria raise serious concerns and will be subject to misappropriation and abuse by the department,” he said.