Stefanie de Saude Darbandi, founder of De Saude Darbandi Attorneys
South Africa’s immigration landscape is set to undergo profound changes with the appointment of Leon Schreiber as the new Minister of Home Affairs. There is growing optimism that substantial reforms are on the horizon, marking a pivotal moment reminiscent of the influential Vulindlela project led by former Director-General Mavuso Msimang. Msimang’s commitment to upholding fair and lawful public administration set a commendable standard, earning him widespread respect throughout the department. We trust that the newly appointed Home Affairs Minister will follow suit. These reforms are crucial for positioning South Africa as a competitive destination for skilled workers, investors, and entrepreneurs, thereby driving economic growth, reducing unemployment, and enhancing the country’s global standing.
At De Saude Darbandi Immigration Attorneys, we have long advocated for significant changes within the Department of Home Affairs (DHA). Minister Schreiber’s recent statements have ignited hope that these necessary reforms are not only within reach but imminent. As we warmly welcome Minister Schreiber and wish him success, we remain mindful of the entrenched issues within Home Affairs, including backlogs and inefficiencies, which will demand sustained effort in the years ahead.
It is therefore critical to identify and implement practical, impactful solutions that can provide immediate relief while laying the foundation for lasting reforms.
Practical Solutions for Immediate Impact:
A pressing issue that demanded immediate resolution was the recent expiration of the blanket waiver allowing long-term visa and waiver applicants to remain in South Africa without facing a ban. We are pleased to report that Minister Schreiber has swiftly addressed this concern by extending the blanket waiver until the end of December 2024. Furthermore, he has committed to renewing this extension well before the new deadline, showcasing his proactive and responsive leadership.
With this critical matter now resolved, Minister Schreiber can focus on the following pressing issues:
Streamlining Internal Processes:
One significant cause of the backlog is the department’s cumbersome internal quality assurance steps, involving up to six stages for certain applications. Simplifying this process could dramatically reduce processing times overnight. Additionally, adhering to the legally mandated 90-day processing period for all visa applications, including those for spouses, parents, and children of South African citizens, is crucial. Meeting this standard consistently would uphold the right to family unity and dignity.
Addressing Wrongful Rejections and Inconsistent Service Standards:
The prevalence of wrongful rejections and inconsistent service standards among Home Affairs officials, both domestically and abroad, is a significant concern. Many qualified individuals are unjustly forced into lengthy appeal processes or costly litigation, deterring potential investors and skilled immigrants, and clogging the system with unnecessary cases. The surge in court cases against Home Affairs since the lockdown underscores these systemic failures. We hope that under Minister Schreiber’s leadership, there will be a marked improvement in honouring court orders and agreements, ensuring timely and lawful outcomes.
Expanding the Visa Exemption List:
The visa exemption list published on the Department’s website, which is not legally prescribed and is merely a website update, can be easily expanded overnight. For instance, allowing entry to visa-restricted individuals holding an EU or American visa would streamline the process and make SA more accessible, like how Serbia and Switzerland operate. By recognizing that these individuals have already undergone rigorous vetting through stringent EU or American visa processes, South Africa can avoid redundant checks. These travelers have been thoroughly screened by some of the world’s most robust and secure immigration systems. Therefore, it is both logical and efficient to grant them visa-free entry into SA. This approach not only simplifies the entry process for travelers but also reduces the administrative burden on Home Affairs, allowing resources to be better allocated towards managing other critical immigration functions. It is unjust to penalize individuals for their country’s inclusion on a visa-restricted list when they have already proven their trustworthiness through stringent international vetting processes.
Improving IT Infrastructure:
Investing in modern IT solutions can help streamline applications and reduce processing times. Enhanced IT systems would ensure consistency, transparency, and efficiency in handling visa applications.
Utilising Administrative Fines Over Bans:
Replacing entry bans with administrative fines for minor violations can generate revenue for the department and decrease the number of legal challenges. This approach is more practical and less punitive, fostering a more welcoming environment for immigrants.
Long-Term Reforms
Enhancing Accessibility and Efficiency:
Neither the Immigration Act nor the accompanying Regulations provide for submissions to a third party, such as VFS Global. While we have no issue with filing through VFS Global – indeed, their offices offer a more streamlined and efficient process compared to Home Affairs offices – problems arise when VFS Global is fully booked and unable to accommodate an applicant before their visa expires or within the prescribed 10 working days. In such scenarios, applicants unfairly lose their right to timely administrative action, risking their legal status in South Africa. This situation forces individuals into a complicated regularization process, which unnecessarily increases the workload for the DHA. It is crucial to address this gap to ensure that applicants are not penalized for circumstances beyond their control and that the Department can function more efficiently.
Reforming the Critical Skills Work Visa:
The current framework that ties critical skills visas to specific employers is inefficient. Instead, South Africa should adopt a more flexible, skill-based approach that allows professionals to deploy their expertise where it’s most needed. This strategy would promote mobility and stimulate innovation and economic vitality. Expanding the Critical Skills List to encompass a broader spectrum of professions and expertise would not only attract highly skilled individuals but also address crucial gaps in the job market. By facilitating the entry of professionals, SA can leverage their skills to foster innovation, enhance productivity, and drive economic growth. This proactive approach has the potential to significantly reduce unemployment rates and bolster the country’s competitiveness on the global stage.
Simplifying Business Visa Requirements:
Reforming the business visa framework to simplify application requirements while ensuring a commitment to employ South Africans could stimulate entrepreneurship and job creation. Encouraging foreign investors to establish businesses in South Africa benefits the economy by injecting capital, transferring skills, and creating employment opportunities for locals. By aligning visa policies with economic objectives, SA can attract foreign investment and sustain economic development.
Standardising Procedures at Foreign Missions:
Inconsistent rules and requirements at South African embassies and consulates abroad create confusion and frustration. Implementing a standardised checklist and ensuring officials adhere to it would guarantee fair and lawful treatment for all applicants. Additionally, holding applicants’ passports for extended periods during visa processing should be minimised, allowing for greater mobility.
Updating the Citizenship Act:
The current Citizenship Act in South Africa, dating back several decades, may not adequately address modern challenges or opportunities. Introducing provisions for citizenship by investment could enhance economic growth and attract high-net-worth individuals seeking to invest in the country. Countries like Malta and Portugal have successfully implemented similar programs, where investment in the local economy or real estate grants citizenship rights. By adopting such measures, SA could bolster its international competitiveness.
Linda Ensor’s recent article in the Business Day highlights Minister Schreiber’s ambitious agenda, particularly his commitment to overhauling the work visa process. This initiative holds great promise for stimulating economic growth and alleviating the persistent delays in visa applications that have hampered businesses. Schreiber’s proactive approach to tackling these challenges signals a promising direction forward.
The path to reforming South Africa’s immigration system is undoubtedly challenging, yet Minister Schreiber’s arrival heralds a new era of hope and opportunity. Unlike his predecessor, who was perceived as reluctant to engage with stakeholders and resistant to constructive criticism, Minister Schreiber’s proactive approach gives us confidence that necessary changes will be implemented. For instance, the establishment of the Immigration Advisory Board, mandated by statute but previously overlooked, is a crucial step we anticipate under his leadership.
At De Saude Darbandi Immigration Attorneys, we are dedicated to the principles of fairness, efficiency, and justice in immigration processes. We stand ready to collaborate with Minister Schreiber and his department, offering our expertise and support in navigating the complexities of immigration law. Our commitment to excellence and advocacy aligns with the goals of a reformed Home Affairs, ensuring that together, we can achieve meaningful and lasting improvements. Together, let us seize this moment to enact the reforms essential for unlocking South Africa’s full potential.
Stefanie de Saude Darbandi
Immigration & Citizenship Law Specialist at DSD Immigration Attorneys