It is important to note that as from 1 July 2010, the Department of Home Affairs has advised that they will no longer be permitting entry to foreign truck drivers unless they have work permits.  The Department has advised that any such foreign truck drivers will be required to have work permits, whether or not the truck has been registered in South Africa or outside our borders.

Photo credit: HVargas

If such truck drivers from foreign countries need to enter South Africa for the purpose of driving a truck, which forms part of their trade, occupation or profession, then such person will be required to have a work permit endorsed in their passport.

Previously, the situation has always been that such foreigners were entitled to enter South Africa on visitor’s visas and perform the necessary tasks within South Africa and leave prior to the expiry of such visitor’s visa.  This is obviously no longer the case.

This will obviously have a major impact on the road freight industry due to the tiresome process that is involved in obtaining a work permit.

Should you require any assistance with this kind of work permit, or any other immigration issue, please leave a comment below or send an e-mail to enquiries@immigration.org.za.

With the the 2010 FIFA World Cup fast approaching, it has become necessary to deal with some of the issues surrounding the entry of foreign nationals into South Africa who are entering the country as spectators of this wonderful event. In order to deal with the “special” dispensation under the Immigration Act, recently announced, it is necessary to perhaps state the obvious regarding the entry of foreign nationals into the country.

Photo credit: vramak

In the first instance it is necessary for a foreign national entering South Africa to be possessed of an appropriate visitors permit.

Generally, a visitors’ permit would be regulated by Section 11 of the Immigration Act which deals with the various kinds of visitors permits permissible under the aforesaid act.

With the anticipated floods of soccer enthusiasts arriving at our shores it has become necessary for the Department of Home Affairs to deal with “soccer visitors” with a different dispensation.

It is very important to note that countries which are visa exempt in respect of South Africa can dispatch their ticket holders to South Africa without having to go through the process of applying for the relevant visitors’ permit or visa.

Visa exemptions are determined by bilateral agreements entered into between governments. Countries such as the Common Wealth Union members, the United Kingdom, United States, Australia, Canada and New Zealand are visa exempt and accordingly can merely enter South Africa, present their passports to an immigration official at the port of entry, enter the country and enjoy the World Cup Soccer.

A list of visa exempt countries can be viewed by visiting our website at www.immigration.org.za and clicking on the link of visa exempt countries. It is important to note that the visa exemption list does change from time to time and accordingly it is important to make enquiries before departure for South Africa as to the current status of the visa exemption list. The list is derived from the Department of Foreign Affairs and can also be viewed on that website www.dfa.gov.za

Reference is made elsewhere in this article to the “express lane” and the comments made in this regard will be equally applicable to visa exemption passport holders.

The crunch comes with foreign nationals who derive from countries which are not visa exempt.

Such foreign nationals would have to apply for an appropriate visitors permit in order to enter South Africa.

Application in this regard would have to be brought to the Embassy closest to where the applicant lives and would have to comply with all of the basic requirements for a general visitors permit.

The only overriding factors, which are plus factors, will relate to the fact that the holder would have to present their authentic World Cup Ticket proving that they have indeed secured a seat(s) as a spectator for the World Cup and that two further elements will be added. These would be the following:

• The normal visitors permit/visa fee of R425 will be waived; and
• The visitors permit/visa will be dealt with on the basis of urgency with anticipated turn-around-times of 3 to 4 days for processing.

It is important to further note that the visa may only be used for the purpose of attending the FIFA World Cup and for the duration thereof and do not permit the holder of such visa to work, take up employment or carry on business.

The failure to comply with the requirements will result in a non-visa exempt country passport holder, being turned back at the airport or port of entry.

The following documentation will have to be presented to the South African High Commission, Embassy or Consular Mission when applying for the permit:

• Visa application form (this form can be downloaded off www.immigration.org.za);
• A valid passport must be presented, valid for no less than 30 days after the intended date of return of the applicant;
• At least two unused pages must be available in the passport of the applicant. Failure to comply with this aspect could result in a refusal of entry. This principle is in line with international best practice in this regard;
• A vaccination certificate will be required in respect of yellow fever if the applicant departs from or has travelled through a yellow fever endemic country;
• A statement will have to be provided and/or documentation confirming the purpose and duration of the visit and this would encompass a FIFA match ticket application number;
• A valid return air ticket will have to be provided;
• Passport size photographs will have to be provided with the application;
• Proof of financial resources in the form of a bank statement will have to be provided; and
• Proof of salary;
• Proof of financial means to cover the living expenses whilst in South Africa will have to be provided, alternatively available cash, including credit cards or travellers cheques could be presented in this regard;
• Proof of medical insurance for the duration of the trip will have to be provided.

The visa which is being applied for is known as a specially designated “event visa”.

Should you require any further information or should you require assistance with your application for your visitors permit/visa then please contact Julian Pokroy Immigration Law Attorneys: enquiries@immigration.org.za.

“Armstrong’s rough ride into South Africa” was the IOL headline today and Lance was almost denied entry into South Africa last night.

The rationale for his initial refusal to entry was caused by the fact that he did not have sufficient blank pages in his passport.

In terms of Regulation 2(1)(e) of the Immigration Regulation promulgated under the Immigration Act 27 June 2005 and which came into operation on 1 July 2005, it is required that:

“2.1 A passport shall contain: ….

(e) at least one unused page when presenting a passport for purpose of endorsing a visa or permit; and ….”

Accordingly, the refusal of entry to a visitor would have been justified if the holder of that passprt only had one clear unused page in their passport.

However, the immigration officials at ports of entry in South Africa are generally applying a “two page” rule.

In line with the international best practice, it is a principle in immigration law worldwide that a person arriving at a country should present a passport with sufficient unused pages to bear the entry and exit stamps of that country. In this regard, at least one clear page appears to be the norm.

On a brighter note Lance Armstrong was admitted ultimately into the country and will now take his place in the starting line-up for the Argus Cycle Tour on Sunday, 13 March 2010.

Q: I do not fall within the exceptional skills or quota permit category and I do not yet have a job offer in South Africa but would like to work there. What can I do?

A: The option available to you is the general work permit. In order to qualify in this category of work permit you must first have a job offer from a South African employer. Such employer would need to have advertised the available position in the national printed media, in accordance with certain of the said Immigration Regulations prescribed by the Immigration Act, to prove that they could not find a suitable South African to fill the position. Your qualifications would also need to be evaluated by the South African Qualifications Authority in order to place them on a South African level. Obviously, there are numerous other requirements but these are some of the most important.

Q: I have been on the Department of Home Affairs website and it seems that they have what they a call a quota schedule with a list of professions on it. I noticed that one of the professions listed is indeed my profession. What does this mean for me?

A: If your profession is listed on the quota schedule then, provided you comply with the remaining requirements, this means you can apply for a quota work permit. You need to have at least five (5) years post qualification working experience in your field. It is vitally important that this working experience be proven to be after you obtained your Degree in that specific profession. A further requirement is that you must be registered with the relevant professional body, which is applicable in respect of your profession in South Africa, and these professional bodies are all listed in the quota schedule. For example, as an engineer you need to register with the Engineering Council of South Africa (ECSA). The advantage of obtaining a quota work permit is that it entitles you to enter South Africa for a period of 90 days on such quota work permit without having a job offer and you then have this 90 day period in order to obtain employment. Once you have found and confirmed employment with the Department of Home Affairs, the only requirement you still need to fulfil is to confirm employment with the Department of Home Affairs every 12 months. It is vitally important to take note that if the 90-day rule and the 12-month rule are not complied with the permit may indeed lapse.