Briefing to the Portfolio Committee on Home Affairs

1. Briefing to the Portfolio Committee on Home Affairs Implementation of Immigration Amendment Acts 2007 and 2011 and Immigration Regulations Director General: Department of Home Affairs Mr. Mkuseli Apleni 26 August 2014

2. CONTENTS Purpose of the presentation Background to the amendments to the Immigration Act, 2002 Summary of key changes introduced by legislative amendments Immigration Regulations and their implications Status of the Immigration Amendment Act 2007 and 2011 and the Immigration Regulations 2014 Publication of Notices required in the Act / Regulations

3. 1. PURPOSE • To brief the Portfolio Committee on Home Affairs on: • the key changes introduced by the legislative amendments • the contents/provisions of the Immigration Regulations • the status of the Immigration Amendment Acts, 2007 and 2011 and the Immigration regulations, 2014

4. 2. BACKGROUND TO THE AMENDMENTS TO THE IMMIGRATION ACT , 2002 • South Africans embrace the full integration of South Africa into the family of nations after 1994. The DHA issues about 600, 000 passports annually to citizens who want to travel. • Rising numbers of tourists contribute to our economy and SA is a premium venue for large international events. • In 2013-2014 South Africa welcomed 13.5 million foreign nationals who visited South Africa as visitors. • The National Development Plan (NDP) points to the urgent need to attract international migrants with critical skills. • The DHA is committed to facilitating the entry and exit of legitimate travellers efficiently and humanely.

5. 2. BACKGROUND TO THE AMENDMENTS (Cont. ..) • The DHA also has a Constitutional mandate to defend the country’s sovereignty, security and public safety. All immigration decisions must be based on an assessment of risk to SA. • South Africa faces a range of risks and threats from transnational criminal syndicates who smuggle or traffic people, drugs, protected species and launder money. • Legislation prior to the amendments was based on tick-box compliance and not on effective screening of applicants. • Abuse of the Refugees Act is also rife, with over 90% of applicants only seeking economic opportunities.

6. 2. BACKGROUND TO THE AMENDMENTS (Cont. ..) • Often, those who overstay or are bogus asylum seekers, seek to acquire legal status through marriages of convenience or acquiring identity documents fraudulently. • Criminal syndicates work with corrupt officials and other South Africans to facilitate these illegal transactions. • The consequences for South Africa and for foreign migrants are serious. Amongst others, there is the risk to national security, social stability and pressure on social services. • The undermining of immigration laws also prevents orderly migration. This leads to the extortion, abuse and exploitation of migrants who have fraudulent documents or no documents. They can be trafficked or forced into crime.

7. Risk-based management of immigration • Key principles • Integrated approach • Single view of traveler's status and transactions • Professionalised staff • Enforcement of laws • Keep risks away from SA • Immigration Management • Requires attention to: • Role of SA mission abroad • Bilateral and multilateral relations and agreements • Immigration issues, trends and strategies • Ports of entry and use of biometrics for travellers • Cooperation on refugee matters Mr Smith applies for visa at SA mission Visa and permitting system– Visa issued after pro-active risk assessment and checks done by officials in Mission and SA using DHA system Advance Passenger Processing (APP)Data sent to operational centre and he is cleared to board after various checks Mr Smith departs from airport Immigration Officer at Port of Entry does first-line checks Mr Smith presents visa at ORT Mr Smith overstays and Act is applied Mr Smith departs RSA Inspectorate enforces law and monitors updated systems to ensure compliance Border Off-shore OPERATIONAL CENTRE – Access to data from relevant systems. Analyses, assesses risks against knowledge of countries and traveller. Issues data, reports and alerts. Monitors stop-lists. Liaises with other departments and agencies.

8. “Joe” is from Horn of Africa or Asia and is seeking opportunities Pays smuggling syndicate $$$ and gets visa and ticket Neighbouring Country Bribes paid both sides of border! Jumps border, gets picked up and taken to safe house Applies for asylum Impacts on economy, society, security !! • Security issues • Could have false identity • Use weak processes and fraudulent documents of several departments • Poor and uncoordinated data on the how, why, where and what of “Joe” • Poor monitoring and enforcement by several departments and spheres of government • Gaps exploited in policies, laws and processes of several departments Runs small shop, linked to illicit economy, syndicates Asylum claim rejected Fraudulent marriage Residence permit – divorces/ bring real wife Joe is a citizen of RSA

9. 2. Typical cases from case files *SOME DETAILS HAVE BEEN ALTERED TO PROTECT IDENTITY

10. 2. Typical cases from case files (cont...) Loopholes in the Immigration & Refugee Acts were systematically used by syndicates to sell South African identity and citizenship.

11. Some examples of people from across the globe who are making a valuable contribution in South Africa in many areas Professor O. D. Makinde from Nigeria is Senior Director of the Institute for Advanced Research in Mathematics at Cape Peninsula Univ. of Tech. (Leading advocate for maths education) Kennedy Chinyowa from Zimbabwe Head of Dramatic Arts & senior lecturer University of the Witwatersrand. Prof Suprakas Sinha Ray, from India Director Nanotechnology CSIR (crucial new industry) • Well-known foreigners in SA football (PSL) • I. Sarr - Senegal • G.K. Gibeto - Ethopia • E. Pelembe - Mozambique • C. Mbesuma – Zambia • K. Papic - Serbia Martin Zimmerman CEO Mercedes Benz (Germany) Prof. Tonyfoley Commissioning Science Leader SKA- largest science project globally (UK) Ebby Essoka CEO Standard Bank (France)

12. 3. SUMMARY OF KEY CHANGES INTRODUCED BY LEGISLATIVE AMENDMENTS • The Act and its Regulations have been amended to refer to all categories of temporary residence permits as visas. This is aimed at making a clear distinction between short stay visas and permanent residence permits. The only permits to remain as permits are permanent residence permits, which are longer stay in the Republic • All new applications for visas will be made at our Missions in person and this will allow the implementation of the risk-based approach to immigration management, including the verification of applicants prior to arrival in the Republic

13. 3. SUMMARY OF KEY CHANGES INTRODUCED BY LEGISLATIVE AMENDMENTS (Cont…) • A change of status or visa terms and conditions from within the Republic will not be permitted for persons on visitor’s or medical treatment visas. Persons who want to effect such changes will need to submit application from outside the Republic • Study visas will be issued for the duration of the studies rather than having to renew such visas on a yearly basis • Business visas are to be issued for businesses that enhance the national interest. In this regard, relevant Departments (DTI and DoL) will first assess the feasibility of the prospective business venture, including compliance with labour laws and the benefit it would have for the South African economy, before a business visa is issued.

14. 3. SUMMARY OF KEY CHANGES INTRODUCED BY LEGISLATIVE AMENDMENTS (Cont…) • A list of undesirable businesses (not encouraged for investment and issuing of visas) was published in consultation with the Minister of Trade and Industry, however it does not mean that such businesses cannot operate. • An investment amount was also revised in consultation with the Minister of Trade and Industry – from R2.5m to R5m

15. 3. SUMMARY OF KEY CHANGES INTRODUCED BY LEGISLATIVE AMENDMENTS (Cont…) • After consultation with the relevant Departments and in view of the now enacted Employment Services Act (Bill introduced by Minister of Labour at that time), a decision was taken to repeal the quota and exceptional skills works permits and to introduce a category of critical skills work visas to assist in the attraction of critical skills to the Republic. • A critical skills list was prepared in consultation with business and Government Departments and published on 3 June 2014. • An intra-company transfer work visa will be issued for a period of four years instead of the current two years. • Instead of paying repatriation deposit upon application for a visa, employers are now required to ensure and make guarantees that their foreign employees will comply with the terms and conditions of their visas and leave the Republic upon termination of contract or employment or expiry of the visa. Costs of deportation may be demanded based on guarantees.

16. 3. SUMMARY OF KEY CHANGES INTRODUCED BY LEGISLATIVE AMENDMENTS (Cont…) • The convictions for human smuggling and trafficking have now been included alongside genocide, terrorism, murder, torture, drug-related charges, money laundering and kidnapping. Previously persons who had outstanding warrants or convictions for offences relating to human smuggling and trafficking could not be properly dealt with and would qualify visas. • An amendment has been introduced to provide that any person who overstays the duration of a visa or permit for a particular number of days at a time is now listed as an undesirable person who is prevented from returning to the Republic for a prescribed period of time. Such persons no longer have the option of paying a fine for the transgression

17. 4. IMMIGRATION REGULATIONS AND IMPLICATIONS

18. 4. IMMIGRATION REGULATIONS AND IMPLICATIONS (cont.)

19. 4. IMMIGRATION REGULATIONS AND IMPLICATIONS (cont.)

20. 4. IMMIGRATION REGULATIONS AND IMPLICATIONS (cont.)

21. 4. IMMIGRATION REGULATIONS AND IMPLICATIONS (cont.)

22. 5. STATUS: IMMIGRATION AMENDMENT ACTS, 2007 AND 2011 AND THE IMMIGRATION REGULATIONS, 2014 • The Immigration Amendment Acts, 2007 and 2011 (“the Amendment Act”) came into operation on 26 May 2014 (Proclamation R32, 2014 and R33, 2014). • The Immigration Regulations, 2014 came into operation on 26 May 2014. These Regulations repealed (entirely) the Immigration Regulations made in 2005. • The Regulations on Fees published in 2005 are still applicable as they were not repealed.

23. 6. PUBLICATION OF NOTICES REQUIRED IN THE ACT / REGULATIONS • The Notices relating to the following were published on 3 June 2014: • Minimum amounts - pension or irrevocable annuity or retirement account - retired person visa or permanent residence permit • Financial guarantees - corporate applicant - defray deportation and other related costs - corporate visa • Proof of sufficient financial means • Minimum net worth - permanent residence permit • Administrative fines

24. 6. PUBLICATION OF NOTICES REQUIRED IN THE ACT / REGULATIONS (cont.) • Financial assurance - relative’s visa • Costs of detention and maintenance • Amount to be forfeited by person in charge or owner of conveyance • Critical skills list

25. 6. PUBLICATION OF NOTICES REQUIRED IN THE ACT / REGULATIONS (cont.) • The Notices relating to the following were published on 15 July 2014: • Financial or capital contribution for businesses in respect of business visas and permanent residence permits • List of undesirable business undertakings in relation to an application for business visa • Businesses qualifying for reduction or waiver of capitalisation requirements as determined to be in the national interest in relation to a business visa • List of undesirable business undertakings in relation to an application for corporate visa

26. THANK YOU