Pretoria - The Department of Home Affairs has extended the public comment period on the draft immigration regulations to Friday, March 7.
The initial closing date for the draft immigration regulations already published in the government gazette was February 28.
Under the current regulations, there are about 17 different types of permits that cover all categories of persons wishing to live in South Africa on a temporary or permanent basis.
However, under the new regulations, the word “visa” replaces the word “permit” except for the permanent residence “permit”.
Briefing reporters on Friday, Home Affairs Minister Naledi Pandor said a visitor’s permit will now be called a visitor’s visa, while a work permit will now be called a work visa and a study permit will be called a study visa.
“This means that under the new regulations there will be a clear distinction between short-stay visas and long-stay permanent residence permits,” she said, adding that all applications for visas will be made at South Africa’s missions in person.
The current regulations allow travellers on a visitors or a medical permit to change their status or conditions while in the country.
Minister Pandor said in the new regulations, it will no longer be allowed, that travellers who want to visit will have to make an application from outside the country.
Under the new regulations, study permits will no longer have to be renewed annually as it will be issued for the duration of the study.
“Under the new regulations, the feasibility of the prospective business venture and the benefits it would have for the South African economy will be assessed before a business visa is granted.
“This means that a recommendation from the Department of Trade and Industry forms part of an application,” she said.
The act further requires that the Minister should occasionally and after consultation with Trade and Industry Minister Rob Davies, gazette a list of undesirable businesses.
In this way, no business visa may be issued or renewed for a business that is on the list of undesirable businesses.
As under the current regulations there are four types of work permits - namely quota work, general work, exceptional skills work and intra-company transfer work permits.
After consultation with the relevant departments and in light of the Employment Services Bill introduced in Parliament by Labour Minister Mildred Oliphant, it was decided to repeal the quota and exceptional skills work permits and to introduce a critical skills visa.
“We’ve responded positively to complaints from various companies regarding the period of two years for intra-company transfer work visas in that the new regulations are proposing a period of four years.
“Currently, within the list of ‘undesirable persons’ there is no inclusion of ‘outstanding warrants or convictions in the country or foreign countries’ against certain persons for offences relating to human smuggling and trafficking. The new regulations address this,” Minister Pandor said.
The minister said the convictions for human smuggling and trafficking have now been included alongside genocide, terrorism, murder, torture, drug related charges, money laundering or kidnapping.
Minister Pandor said the current situation of imposing a fine to people who overstay their permits is not a strong enough deterrent.
The fine is only enforced when a person applies to return to South Africa and not immediately upon detection of the over-stay.
“We’ve introduced an amendment to the effect that any people, who over-stay for a particular number of days at a time, will now be listed as an undesirable person.
“The new regulations will bring the Immigration Amendment Act of 2011 into force and usher in a new era of secure, efficient and sound management of international migration,” she said. - SAnews.gov.za
