Rules costing SA investment, skills, experts say
MUDSLINGING between the government and immigration firms about bureaucracy and profiteering is hindering the influx of thousands of immigrants, some willing to set up businesses and others providing critical skills.
The alleged blocking of immigrants, which the government says must be balanced with the country’s interests, comes as the thousands of South Africans living in Britain face deportation.
In April, the UK government is set to pass a regulation affecting millions of non-EU immigrants. Those affected are unlikely to be professionals, but rather semiskilled workers earning less than R800 000 annually.
The government, whose immigration policies have drawn criticism, insists it is doing what is best and is targeting dodgy immigration lawyers.
For years, immigration firms have cried foul over issues such as immigrants wanting to open businesses having to have R5-million and 60% of their staff having to be South Africans.
They are also upset over the department’s critical skills visa list. Forum of Immigration Practioners’ vice-chairwoman Tracy du Plessis said the 2014 amended immigration act made it difficult for foreign nationals to work, study, visit or invest in South Africa.
There is no communication on recommendations made by the departments of Trade and Industry and Labour for a business visa applicant to be granted a visa or not, until after the application is made.
“One would assume the departments would advise on the recommendations outcome before allowing the applicant to decide on whether to proceed with their application or not,” Du Plessis said.
“The department’s reasoning is to stop fraud. We are only asking for outcome.” Also, to study in South Africa, many foreigners must attend a facility registered with the Department of Education.
Many wished to learn English, but many centres offering this service were not registered with the department, Du Plessis said. “Study visa applications are then rejected.” Immigration expert Leon Isaacson, of Global Migration SA, said there were huge inconsistencies in the processing of applications, especially regarding critical skills visas.
“The system is defective,” Isaacson said. “Some of the critical skills visa requirements are that the immigrant register with a professional body in South Africa, yet not all professions have these.”
Isaacson said the critical skills list had been drawn up in haste. “A number of professions, such as maths and science teachers – of whom there is a 60 000 to 80 000 shortfall in South Africa – are not included.”
Integrated Immigration director Bjorn van Niekerk said sections of the legislation needed to be reviewed as there were serious barriers which included a massive increase in incorrect adjudications and baseless rejections.
Home Affairs official Mayihlome Tshwete said “middlemen” w e re misinterpreting policies. “There is a lot of corruption,” Tshwete said. “We have lawyers under investigation.”
These middlemen did not have the same security concerns as the department. “Our priority is to ensure legitimate people enter the country,” Tshwete said. “In the past, people came to establish phantom companies, sometimes to launder money.
“We had to change our policies.”