A home affairs horror story
The government is reviewing its system to assess foreigners seeking work in SA, but those already here are finding life difficult
ý A review of SA’s work permit system is well under way, according to the government, but foreign workers interviewed by the FM tell of anxiety and distress in getting permits and work visas renewed. They say long delays at the department of home affairs have led to bank accounts being frozen and medical aid suspended.
Attempts to obtain comment from the department were unsuccessful: e-mails and phone calls went unanswered. A spokesperson indicated that there could be a response, but did not deliver.
Every country publishes a list of critical skills that it needs, to ensure it is not caught short. SA is no different. As emigration continues apace, replacing lost skills becomes essential.
Reviewing the processes governing work permits and updating SA’s critical skills list are priorities for Operation Vulindlela, a unit of officials from the National Treasury and the presidency. It provides technical support to government departments to ensure action is taken on catalytic reforms identified by the economic reconstruction and recovery plan as key to unlocking growth. The operation’s job is to support and cajole departments until these reforms are pushed over the line.
Sean Phillips, who heads the unit in the Treasury, says a steering committee has been created to review the work permit system chaired by the presidency. It includes the departments of home affairs; employment & labour; trade, industry & competition; and international relations & co-operation. The review is being led by Mavuso Msimang, a former director-general of the department of home affairs, with support from Business Leadership SA.
On the ground it’s a different story.
The backlog of work permit renewals has left legal immigrants trapped. Those interviewed say it is
beginning to affect their lives adversely. Without a permit extension they are unable to work, but if they stay in SA unlawfully they face the threat of being placed on a banned list for up to 10 years.
An executive from the UK, who is married to a South African, says applying for a work permit from home affairs has never been easy. “But once you got to the bottom of what was required, it was a process that wasn’t nice, but worked,” he tells the FM.
“Since Covid, that’s just completely changed,” he says. “I applied for my renewal towards the end of
April and I’m among a large group of people, according to an SA visa group on Facebook, who have had absolutely no response, some for almost a year.”
Gary Eisenberg, an immigration attorney at Eisenberg & Associates, says: “Everybody should understand that SA has a closed immigration policy, which means it’s restrictive. It means stand behind the red line, Mr or Mrs Foreigner. South Africans first.”
He describes it as a “highly politicised” regime that fails to consider the economic value foreigners bring to the country.
“It has nothing to do with economics and everything to do with political expediency,” Eisenberg tells the FM.
However, Marisa Jacobs, MD of Xpatweb, says her company is seeing some faster turnaround times at home affairs.
“Our typical clients are corporates and large multinationals, so we would make use of services such as a corporate accounts unit within the department of home affairs that are specifically tasked with making sure that business can continue and the economy doesn’t suffer,” says Jacobs.
Julia Willand, director of Immigration Consulting SA, says home affairs extended the period of expiring visas during Covid.
“That helped, but the problem is if you wanted to change your employer, or your activity from work to business, from study to work, you weren’t allowed to do that unless you received a new visa, but those applications took nine months and longer. Those are the issues people are stuck with,” says Willand.
June Luna, an immigration lawyer, says: “Even people who qualify under the current critical skills list are getting rejected on really arbitrary grounds.”
Recently, the visa application of one of her clients — “an extremely skilled individual from the Middle East, who has huge investments that he wanted to put into a business here” — was rejected. He decided to set up his business in Europe instead.
According to a 2018 study by the Organisation for Economic Co-operation & Development, immigration is not, as many presume, associated with a reduction in the number of jobs available for locals. Instead, the study found, immigrants raise SA’s income per capita. It said focusing on fighting discrimination and integrating immigrants would enhance their economic contribution.
It has nothing to do with economics and everything to do with political expediency
Gary Eisenberg