Publications
Partners
Pretoria - Massive improvement in the processing of permits by the Department of Home Affairs is all that will ward off impending legal action.
Leon Isaacson, chairperson of the Forum of Immigration Practitioners of SA (Fipsa), said the legal advice that the forum received last week had been conveyed to members.
The Forum had a case, and it was by no means a weak case, he told Sake24.
Within the next week or two Fipsa will decide whether the improvements promised by the director-general are adequate.
Fipsa’s threatened class action arises from the massive backlogs in processing permits.
These backlogs have led to people who reapplied for work, study or business permits two months before expiry now becoming technically "illegal".
Marita Briel, head of Executive Migration Services in Stellenbosch, says matters have become critical for students. If they do not receive their study permits they will be unable to receive their exam results. They will also be unable to register for next year.
Technically, she said, even though she has a small practice all her clients are now illegals.
For Sake24 she highlighted a couple of cases from the past few months.
After five years in South Africa the senior executive member of an international company had his bank account frozen.
The reason: his work permit had expired – and this after his application for renewal had been submitted in June this year. There was no indication of its whereabouts.
He had done everything expected of him in terms of the Immigration Act.
This act stipulates that the Department of Home Affairs must issue a permit within 30 days of receiving an application. It is now more than 100 days later.
When he wants to travel he has to produce his proof of submission, a letter from his immigration practitioner and his Form 20 to customs officials.
Apart from the logistical problems of travelling with a visitor's permit, he is technically not supposed to work. His company is also losing out.
An international investor applied for a business permit three months ago. He was intending to invest more than R15m in South Africa and create jobs for several South Africans.
He was still waiting, said Briel.
The claim that foreigners are being encouraged to invest here was not being realised in practice, this investor told Briel.
A business permit is issued if the investor undertakes to employ at least five South Africans within the first two years of his operation. A capital investment of at least R2.5m in cash is generally expected.
A South African citizen’s spouse who is the breadwinner has been waiting for a work permit for three months. If he works to take care of his family, he is technically breaking the law.
A senior person submitted his application for renewal of his work permit and received proof of payment. He then heard that the department had never received the application – and that despite his proof of payment.
Isaacson said the results of the improved rate of processing should be seen this week.
Proposed amendments to the Immigration Act should eliminate several of the problems with which the Department of Home Affairs is currently struggling.
- Sake24
