The Department of Home Affairs has issued draft regulations that make sundry amendments to South Africa’s immigration law, such as the inability of foreign nationals to modify their visa status in the country, changes to visa/permit terminology, new forms, new fees, and new penalties.
Following recent amendments to South Africa’s immigration laws, draft regulations have been issued that clarify and implement the amendments.
Global mobility professionals dealing with their employees’ immigration matters and immigration professionals will see terminology changes for previously named “visa” and “permit” documents, as well as new forms, fees, and penalties for non-compliance. They will also be dealing with a different agency with respect to the processing of visa applications.
In addition, they will be confronted with restrictions on the ability of their employees to change visa types or status within South African borders.
All told, global mobility professionals dealing with their employees’ immigration matters and immigration professionals, when dealing with employees moving to South Africa to live and work, will need to revise some of their processes and procedures, and may be faced with increased costs.
The Department of Home Affairs¹ has gazetted the Draft Immigration Regulations² for public comment. Once finalized, the regulations will be gazetted and incorporated into South African Immigration law.
The changes under the Regulations have set a tone for a more compliance-based immigration system, which may lead to processing complications. However, the intricacies of implementation of the above-noted changes and what that means for global mobility professionals with immigration responsibilities and for immigration professionals will be better known and dealt with once the Regulations have been published.
The KPMG International member firm in South Africa will monitor developments and endeavor to inform readers of anything relevant.
2 Government Gazette No. 37335, 14 February 2014.
The information contained in this newsletter was submitted by the KPMG International member firm in South Africa.
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