Immigration Laws

Immigration Laws

Movement across borders is something that one can take for granted when you are in the fortunate position to have all the required paperwork. Take a moment to consider the difficulties that other people face as asylum seekers or if there is an opportunity for a relocation to another country for work and it is upended midway due to the immigration laws that make the whole process complicated.

A new legislation came into effect on 01 January, the Refugees Amendment Act which is to introduce new rules for refugees and asylum seekers in South Africa. The new law includes some restrictions on foreign citizens specifically their movement and what they participate in whilst in South Africa – (1) a visa for an asylum seeker will determine how long the refugee is allowed to remain in South Africa, what work they are allowed to do and where/if they may go to school whilst in the country; (2) any person whose refugee status has been withdrawn shall be termed an ‘illegal foreigner’ in terms of the provisions made in the Immigration Act.

The employment and labour ministry has also echoed the sentiments regarding the work that refugees will be allowed to do whilst in the country. The reason for this is that the department wants to stop employers from unlawfully hiring foreign workers in order to deliberately pay them what they deem as ‘starvation wages’, and increase the profits of the business.

South Africa has gone on to update its Immigration Laws as the Department of Home Affairs (DHA) was experiencing challenges within its systems. As part of this updating processes, the DHA has partnered with suppliers who are in the position to assist them. The DHA officially outsourced the handling and processing of visa applications to a company called Visa Facilitation Services (VFS). The VFS has 11 offices otherwise knows as centres around the country.

The visa related matters that VFS will be assisting with include but not limited to the following:

  • retirement visa
  • critical skills work visa
  • visitor’s visa
  • business visa
  • student visa / exchange visa
  • life partner / spousal visa

All countries have a right to draw up laws that are to their benefit: for the people, communities, the economy through business and trade agreements with other nations. One can only hope that in the drawing up, amending and passing these laws, that the government understands that they do not operate as a silo – there are other nations and citizens of those nations that must be considered, likewise as South African, the government would want its citizens to be treated in a hospitable manner in foreign lands.

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