South Africa’s Department of Home Affairs (DHA) has recently adopted a more stringent approach to the enforcement of visa renewal timelines. KPMG in South Africa has observed a significant increase in the number of applications being rejected where renewals were not submitted within the required timeframe.
WHY THIS MATTERS
Late submissions may expose applicants to compliance risks and possible interruption of work authorisation.
It is important to note that failure to comply with the requirements may result in the rejection of the application.
Visa renewals can be critical to the furtherance of an enterprise achieving its business objectives in South Africa. The inability of a foreign national employee to get his or her visa renewed could put achieving those objectives in jeopardy. It could mean an interruption in further work being carried out.
60-Day Visa Renewal Submission Requirement
Key Points to Note
- Regulation 9(5)(a) of the Immigration Regulations1 requires that all visa renewal applications must be submitted at least 60 days before the expiry date of the current visa.
- Exception: If the visa was issued for less than 30 days, the renewal application must be submitted no later than seven working days before expiry.
Failure to comply with these timelines will result in the application being rejected, and no exceptions are being made unless the above criteria are met.
KPMG INSIGHTS
Employers may wish to consider reviewing all visas within their workforce to confirm expiry dates and plan accordingly for any renewals.
Employer Verification Requirement
As provided for in the Government Gazette/Staatskoerant no 3934 issued in 2023, an application must be accompanied by an offer of employment from employers who are verifiable.
Therefore, the DHA is enforcing more strictly the existing requirement for employers (authorised signatories or employee contacts) to confirm the employment status of applicants, either telephonically or via email.
KPMG INSIGHTS
KPMG in South Afica has observed that Work Visa applications are being rejected in instances where the employer does not provide the necessary employment confirmation or is unreachable.
CONCLUDING KPMG INSIGHTS
There are steps employers, applicants, and/or third-party immigration services providers can consider taking, for example:
- Employers and employees should carefully track visa expiry dates.
- Renewal applications to be prepared well in advance and submitted no less than 60 days prior to expiry of the current visa.
- It is appropriate for employers to promptly respond to verification requests from the Department of Home Affairs, whether received via telephone or email.
- Employers can double-check that their contact details are accurate and up-to-date in all submitted documentation.
- In cases where the employer is temporarily unavailable (e.g., travel, leave), it is advisable to designate an alternative delegate-contact and this needs to be authorised in writing to confirm the applicant’s employment.
- Applicants are encouraged to notify their employers in advance about the verification process to facilitate timely confirmation of employment.
For immigration advice on how to foster compliance with updated DHA practices, affected parties should consult with their usual immigration adviser or with a member of the immigration team with KPMG in South Africa (see the Contacts section).
FOOTNOTE:
1 Government Gazette/ Staatskoerant, Regulation Gazette / Regulasiekoerant No. 11628, Vol. 700, No. 49402, 3 October 2023, at: https://www.dha.gov.za/images/PDFs/CritcalSkills_102023.pdf .
Contacts
Disclaimer
* Please note the KPMG International member firm in the United States does not provide immigration or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by the KPMG International member firm in South Africa.
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