Tag: Immigration Act

An increasing number of jurisdictions are embracing digital nomads as a potential source of economic good, lightly taxed but who contribute to the fiscus through their daily and considerable spending habits. South Africa is no exception, following some recent exciting developments within the immigration policy space.

A significant change introduced by the newly gazetted regulations on 20 May 2024, was the implementation of the Remote Work Visa in South Africa. This visa allows individuals employed by foreign companies to work remotely in South Africa. This is similar to the nomad visas now popular in many countries across the globe.

On 28 June 2023, the High Court handed down a landmark judgment where the decision by the Minister of the Department of Home Affairs (DHA) not to extend the longstanding Zimbabwean Exemption Permit (ZEP) after 31 December 2021 was found to be invalid, unlawful, and unconstitutional.

The now well-known Zimbabwean Exemption Permit (ZEP) has a longstanding history since it was initially implemented by the Republic of South Africa as the Dispensation of Zimbabweans Project (DZP) in 2009. The objectives of the DZP were to provide Zimbabwean nationals who were in possession of fraudulently obtained immigration documents with amnesty, and to curb their deportation.

On 29 November 2021, a directive was issued by the Director-General of the Department of Home Affairs (DHA) confirming cabinet's decision that, no further extensions would be granted to Zimbabwean nationals, who were holders of a Zimbabwean Exemption Permit (ZEP).

Zimbabwean Exemption Permits (ZEP) have been extended for another six months and additional internal changes have been made to South Africa's visa processing system.

The Department of Home Affairs (DHA) has recently introduced a centralised adjudication system which sees that all long-term visa applications submitted through a South African Embassy or High Commission (Missions) (in countries where South Africa is represented) are being sent to the DHA Head Office in Pretoria.

The employment of foreign nationals must not adversely impact the rights of unskilled South Africans and excluding South Africans from employment opportunities may constitute unfair discrimination. The recent High Court ruling confirmed that businesses who seek to employ foreign nationals must show that they have tried to train South African citizens to meet their needs when applying for corporate visas for foreign nationals.

With unemployment figures at an all-time high and South Africa facing numerous economic challenges, the Department of Home Affairs (DHA) and the Department of Labour (DoL) are again taking steps to curb the employment of illegal foreign nationals living in South Africa.

Many people throughout Africa, look at South Africa is a place which offers socio-economic opportunities; and as a result, it has become home to many inter-regional and inter-continental migrants seeking gainful employment.