1. Presentation to the Parliamentary Portfolio Committee on Home Affairs 2 March 2010 By The Forum of Immigration Practitioners of SA Western Cape Chapter Supported by various other Practitioners

2. Introduction to FIPSA Membership History: Old IP Forum in Act, now new Voluntary Association Registration of Immigration Practitioners with DHA- Exam Code of Conduct: see outline Role in the Process: Act as POA holders, advise clients, act as Power of Attorney,manage application process, bring in investment/s Future Role

3. Approach to the DHA and issues at hand Raise with appropriate bodies to create better Legislation Support the process and efforts by the DHA to turn around the Department Laud the The Committee, Government and the DHA’s efforts to achieve the ambitious goals set for the turnaround Provide a unique perspective as we deal with private clients and spend time at various DHA offices locally and overseas and experience the Public Interface of DHA

4. Preamble (a) temporary and permanent residence permits are issued as expeditiously as possible and on the basis of simplified procedures and objective, predictable and reasonable requirements and criteria, and without consuming excessive administrative capacity; (b)security considerations are fully satisfied and the State retains control over the immigration of foreigners to the Republic;

5. Preamble (c)interdepartmental coordination and public consultations enrich the functions of immigration control; (d)economic growth is promoted through the employment of needed foreign labour, foreign investment is facilitated, the entry of exceptionally skilled or qualified people is enabled, skilled human resources are increased, academic exchanges within the Southern African Development Community is facilitated and tourism is promoted;

6. Preamble (e)the role of the Republic in the continent and the region is recognised; (f )the entry and departure of all persons at ports of entry are efficiently facilitated, administered and managed; (g)immigration laws are efficiently and effectively enforced, deploying to this end significant administrative capacity of the Department of Home Affairs, thereby reducing the pull factors of illegal immigration;

7. Preamble (h)the South African economy may have access at all times to the full measure of needed contributions by foreigners; (i)the contribution of foreigners in the South African labour market does not adversely impact on existing labour standards and the rights and expectations of South African workers;

8. Preamble ( j)a policy connection is maintained between foreigners working in South Africa and the training of our citizens; (k)push factors of illegal immigration may be addressed in cooperation with other Departments and the foreign states concerned; (l)immigration control is performed within the highest applicable standards of human rights protection;

9. Preamble (m)xenophobia is prevented and countered; (n)a human rights based culture of enforcement is promoted; (o)the international obligations of the Republic are complied with; and (p)civil society is educated on the rights of foreigners and refugees.

10. Legislation, Regulation and Department Instructions Problems with specific issues in Act/Regs Dept Instructions, changes to policy and treatment of cases not communicated to affected parties (Clients/applicants/attorneys/ IPs) Foreign Missions: Often unsure of requirements, causes confusion. Applicants often have to travel long distances to get to Consulate/Embassy and then return later at great expense

11. Specific Issues General Work Permits: Act refers to “qualifications and experience“ required. SAQA evaluates qualifications, but not experience. Regulations do not cater properly for experience based applications, causing problems with interpretation at DHA offices and now a cumbersome process of obtaining a waiver from DG has been introduced--time consuming and causes delays of 4-12 weeks, often leading to permits expiring

12. Specific Issues Quota Work Permits: establishing Quota list professions/numbers? How is this done? No scientific basis for final list? No continuity between one year and the next Consultation with Industry bodies—many say they are not consulted No provision for “breaks” between employment contracts. Person deemed to be illegal if not continuously employed— not practical arrangement. Some are being granted waivers if they know that this can be done, other arrested/deported

13. Extensions to Work Permits Not covered in Act/Regulations Requirements at different offices vary: causes delays, confusion

14. Permanent Residence Applications Problems with submission: appointments not available, documents expire, applicant has to obtain new documents at great cost/inconvenience Backlogs with PR- seem to be recurring in different areas DHA not consistent regarding process of accepting couriered applications, where this is provided for in the Act/Regulations PR applications not processed before expiry of applicant’s current permit: DHA says that they must do a further application until they have an outcome, which sometimes takes 6-24 months

15. Intra-Company Transfer Permit Regulations regarding the 4 year period (increased from 2 years) are still outstanding. Timetable for updating?

16. Retirement Permits Amount of pension/income is set at R20 000 per person per month(used to be R20 000 per couple)- error in Regulations?

17. Service Issues Context: Extensive Turnaround programme Expectations: Service should be within spirit of the Premble Service should be consistent from office to office (same Act/Regulations) Service should be within predictable time frame (30 calendar days)

18. Service Problems Variation in requirements—too subjective: should be clear to all from Act and Regulations Service times and follow up/finalisation: 2 weeks to 6 months Queues: capacity at certain offices strained Senior staff: Decision makers—often not available, no one else to take decisions

19. Appeals and Waivers All done at Head Office: Appeals: up to 12 months to finalise. Often last resort process where poor decision has been made. Long process Waivers: 4-12 weeks to finalise. Consumes resources, causes delays: in many cases covers for deficiencies in Act/Regulations -Capacity? -Skills?

20. Conclusion Future engagement Assist with external perspective Ongoing process, support for changes and improvements Many thanks for the opportunity and your time