Presentation to Portfolio Committee on Home Affairs

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Presentation to Portfolio Committee on Home
Affairs Challenges encountered in the
issuance of Permits10 AUGUST 2010
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OVERVIEW OF THE PRESENTATION

• 1. PURPOSE
• 2. BACKGROUND
• 3. MANDATE OF PERMITTING
• 4. LEGISLATIVE FRAMEWORK
• 5. PERMITTING ENVIRONMENT
• 6. VISAS AND PERMITTING SERVICES
• Visa types
• Permit types
• 7. PROCEDURES FOR VISAS
• 8. PROCEDURES FOR PERMITS
• Temporary
• Permanent
• 9. PROBLEM STATEMENT

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OVERVIEW OF THE PRESENTATION CONT.

• 10. PROPOSALS
• Short term
• Long-term
• 11. DEPARTMENTAL CHALLENGES

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1. The purpose of the Presentation

• The purpose of this presentation is to
• Brief the Portfolio Committee on the Challenges
  Encountered in the issuance of Permits by
  outlining the permitting products, challenges
  encountered in the processing of permits
• Provide proposals to address challenges in the
  permitting regime through amendments to the
  Immigration Act.

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2. BACKGROUND

• South Africa is part of a global village and
  manages
• movement of people who travel for purposes of
• Investing their financial resources in the
  economy
• Contributing to social and cultural development
• Investing their skills and experience in order to
  promote economic growth
• Promoting tourism and
• Facilitating academic exchanges within SADC.
• South Africa is also a member of the UN and
  a signatory to the UN Conventions and Protocols
  relating to Refugees.

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3. MANDATE OF PERMITTING

• To issue Visas, Temporary and Permanent
  residence permits as expeditiously as possible,
  on the basis of simplified procedures and
  objectives, predictable and reasonable
  requirements and criteria, and without consuming
  excessive administrative capacity

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4. LEGISLATIVE FRAMEWORK

• The Constitution, 1996
• Immigration Act, 2002 (Act No. 13 of 2002)
• Immigration Regulations

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5. Permitting Environment

• National Outcome
• A safe, secure South Africa where all of its
  people are proud of, and value their identity and
  citizenship
• A skilled and capable workforce to support an
  inclusive growth plan
• Immigration Outcome
• Immigration managed effectively and securely in
  the national interest including economic, social
  and cultural development.
• Strategic Objective
• To manage migration effectively by enabling the
  movement of skilled workers into the country and
  effectively and securely facilitate the entry,
  stay and exit of visitors.

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6. Visas and Permitting Services

• VISA TYPES
• 1.Visitors Visa
• Is issued to a person who intends to visit the
  RSA for the following reasons
• Holiday visits
• Business visits
• Attending Conferences
• Entertainers
• Study purposes not exceeding three months
• Medical treatment not exceeding three months
• Academic sabbaticals
• Voluntary or charitable activities and
• Research.

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6. Visas and Permitting Services (Cont)

• 2.Transit Visa
• A transit visas is issued to a foreigner who is
  proceeding from a destination outside the RSA,
  through the RSA, to a destination outside the
  RSA, including making use of the transit areas of
  South African Ports of Entry (only to countries
  which are not Visa exempt).
• 3. Official Visa
• An official visa is issued to a person who is the
  holder of an official passport and who is
  visiting the RSA for official purposes.

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6. Visas and Permitting Services (Cont)

• 4. Diplomatic Visa
• A diplomatic visa is issued to a foreigner who is
  the holder of a diplomatic passport and who
  enjoys immunities and privileges in terms of the
  Diplomatic Immunities and Privileges Act.
• 5. Courtesy Visa
• A courtesy visa is issued to a person who is
  deemed by the Minister of International Relations
  and Cooperation to be a distinguished visitor to
  the RSA.
• Visa Waiver Agreement
• The government enters into visa waiver agreements
  for diplomatic and or official passport holders
  on a reciprocal basis.

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6. VISAS AND PERMITTING SERVICES

• PERMIT TYPES
• 1. TEMPORARY RESIDENCE PERMITS
• Visitors permit
• Study permit
• Treaty permit
• Business permit
• Crew permit
• Medical Treatment permit
• Relatives permit
• Quota work permits
• General work permit
• Exceptional Skills work permit
• Intra-company transfer work permit
• Retired persons permit
• Corporate permit
• Exchange permit
• Asylum transit permit
• Cross- border and Transit permit

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6. Visas Permitting Services (Cont)

• 2. PERMANENT RESIDENCE PERMITS
• 2.1 On Ground of Direct Residence
• A foreigner who has been resident in the RSA on a
  work permit for a continuous period of five years
  and who has received a permanent offer of
  employment.
• A foreigner who is the spouse of a South African
  citizen or permanent resident for a continuous
  period of five years.
• A child of a South African citizen or a permanent
  resident under the age of 21 years.
• A Parent or a permanent resident whose child is a
  South African citizen

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6. Visas Permitting Services (Cont)

• 2.2 Residence on other grounds
• A foreigner who has been offered permanent
  employment, provided that satisfactory proof be
  submitted that no suitably qualified South
  African citizen was available to fill the
  position.
• A foreigner who has exceptional skills or
  qualifications, subject to the same criteria
  applicable to the exceptional skills work permit
  category.
• A foreigner who wishes to establish a business or
  invest in an existing business in the RSA,
  subject to the same criteria applicable to a
  business permit under temporary residence.

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6. Visas Permitting Services (Cont)

• A foreigner who has been a recognised refugee in
  South Africa for a continuous period of five
  years.
• A foreigner who intends to retire in the RSA,
  subject to the same criteria applicable to the
  retired category under temporary residence.
• A foreigner who is considered to be financially
  independent and produces proof of a minimum net
  worth of R7.5 million.
• A foreigner who falls within the first step of
  kinship of a South African citizen or permanent
  resident, i.e. parents and children.

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6. Procedures for Visas

• An application for a visa must be made prior to
  departure to the Republic at a South African
  Mission in the applicants country of origin or
  of normal residence.
• In terms of the Departments Service Delivery
  Standards, a visa application is processed within
  a period of 5 days.
• In order to qualify for a visa the applicants
  passport must be valid for at least 30 days after
  the expiry of the intended visit to South Africa.

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7. Procedures for Permits - Temporary

• In respect of temporary sojourn in the RSA, other
  than those for which a visa may be issued, an
  application for a temporary residence permit
  must be lodged at a South African Mission in the
  applicants country of origin or of normal
  residence.
• It is a prescribed requirement that the temporary
  residence permit must commensurate with the
  activities to be undertaken whilst sojourning in
  the RSA.

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7. Procedures for Permits - Permanent

• The Immigration Act makes provision for a
  foreigner to apply for permanent residence status
  in various categories.
• All applications are subject to payment of an
  administrative processing fee of R1520.00, except
  in respect of spouses and dependent children of
  South African citizens and permanent residents.
• Once permanent residence status has been granted
  to a foreigner, such foreigner has the same
  rights, privileges and obligations of a South
  African citizen, except those rights, privileges
  and obligations which the South African
  Constitution or any other law explicitly ascribe
  to South African citizen.
• The exclusion of rights to permanent residents
  are, for example, the right to hold a South
  African passport and the right to automatically
  vote in elections.

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8. PROBLEM STATEMENT

• Lack of policy and legislative framework to
  differentiate the management of economic migrants
  and asylum seekers. (Absence of a permit to
  facilitate the movement of economic migrants).
• Perception created on the recipient of the
  status of a permit vis-à-vis a visa. Permits are
  generally, in other countries, for longer stays
  and visas for shorter stay.
• Poor management of risks associated with the
  adequate screening foreign nationals who seek to
  enter South Africa. Securing our borders and
  ports of entry against major risks and threats
  while facilitating the flow of persons and trade.
  
• The Act legislate for the existence of
  immigration practitioners, which poses a risk to
  the Department.

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8. PROBLEM STATEMENT (Cont)

• The legislation and system allow foreign
  nationals to change their status within the
  country and this leads to them entering the
  country under false pretence, for example as
  tourists instead of their true intentions.
• The Relatives Permit and Permanent Residence
  Permit spousal category is abused, in particular
  by foreigners entering into marriages of
  convenience / bogus life partnership agreements
  with South African citizens and permanent
  residents.
• Requirement to process residence permit on
  ground of direct residence A child of South
  African citizen and a parent whose child is a
  South African citizen without paternity or DNA
  test.

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9. PROPOSALS SHORT/LONG-TERM

• SHORT-TERM
• Amendments to the Immigration Act, with specific
  focus on the following
• Definitions and terminology.
• Revise provisions relating to the Immigration
  Advisory Board.
• Provide for the designation of the ports of
  entry.
• Revise provisions relating to visas for temporary
  sojourn in the Republic and for the procedures
  with regard thereto.
• Revise provisions relating to Permanent
  Residence.

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9. PROPOSALS SHORT/LONG-TERM Cont.

• Immigration Practitioners to be removed from the
  Act.
• Immigration Act to have offences against citizens
  or residences knowingly entering into marriages
  of convenience / bogus life partnership
  agreements with foreign nationals.
• Act to provide for paternity or DNA test to
  check the relationship of a child and a Parent.
• Rationalising the permitting regime by grouping
  the types of permits into three categories i.e.
  economic, social and cultural development to
  achieve simplification of application procedures.

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9. PROPOSALS SHORT/LONG-TERM Cont.

• LONG-TERM
• To conduct a policy and legislative review to
  address all issues around immigration, amongst
  others
• Differentiation of Economic Migrants from
  Asylum seekers
• Harnessing Immigration proactively in support of
  National Development
• Establishing a risk based approach to Immigration
  that will enhance National security
• Management of Asylum seekers and Refugees
• ( Stakeholders engagement , in this regard have
  already commenced)

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10. DEPARTMENTAL CHALLENGES

• Huge backlog on permit adjudication.
• Curb corruption and inconsistent decision
  making.
• (Adjudication has been Centralization to Head
  Office and capacity is being improved )

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THANK YOU
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