South Africa’s first amendment of the 2014 Immigration Regulations became effective on December 1, 2018.
One of the associates at Baker Mckenzie, Tracy Robbins, remarked that the new regulations do not only address the administrative errors of the old regulations, but it goes further to make provision for general work visa applications.
The old system placed South African business on the losing side when hiring foreign employees. They had to spend a lot of money and time as well while awaiting government approval.
With the old regulation, the Department of Labour (DoL) was required to first give the Department of Home Affairs updates about the status of all visa recommendations. This was done by the issuance of a certificate.
Both the applicant and the employer would not be informed about the recommendation of the DoL, and they won’t get to know about it until when they received the results of the visa application.
But with this first amendment, the Department of Labour (DoL) will first have to issue a recommendation letter to all prospective employers and then issue a certificate to the DoL that gave the recommendation.
Robbins further said that having the DoL issue a letter of recommendation to the prospective employer as against the initial regulation of only issuing a certificate to the just the DoL, is good news to employers as well as applicants.
She noted that the new regulation affords all prospective employers the opportunity to know the status of the recommendation letter coming from the DoL before an applicant can apply for a South African work visa. Certainly, it will save them both time and money in pursuing a work visa application that will eventually have a negative recommendation.
South Africa’s regulation 20 gets the same review
This new amendment is also effected on Regulation 20 of South Africa’s immigration regulations for corporate visas.
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