Dear Reader
On a regular basis we are approached by foreigners who have been incorrectly advised or who have fallen victim to fraudulent immigration advisors. In fact, there are many 'advisors' who promise to know people at the Department and who can in fact procure the appropriate immigration permit without the need for costly supporting documents. Do not fall prey to this.
Immigration is a time consuming process where prescribed supporting documents are a must. Permits take time to be finalized, there is no quick fix.
We can only advise you that when it comes to your immigration to South Africa it is best to verify the company that you are dealing with. The best way to do this is in fact to call the Immigration Inspectorate of the Department of Home Affairs and they will be able to advise you which companies are existent and which are not.
The bottom line is that each foreigner can be held accountable for the permit he or she has been issued with. Therefore as a foreigner it is always your primary obligation to ensure that you are in compliance with the law at all times. It is and remains your responsibility to ensure that you do.
The Immigration Amendment Act, 19 of 2004 has made the provisions in respect of persons who disregard the law more stringent so transgressors can face being deported and black listed with a very slim chance of ever being able to enter the Republic of South Africa.
It is very important to note that the Immigration legislation does not make provision for bail applications so if you are arrested and your arrest is confirmed by a magistrate 48 hours thereafter, you could remain in custody until you stand trial or until you leave the country. It remains the discretion of the arresting officer to determine your incarceration or release.
The easiest way to slip up is to stay longer in the country than the validity of your permit. You may think that it is only a day over the validity of your permit or you may be of the opinion that you are in Africa and it will not be noticed. However, staying beyond the validity of your permit has serious repercussions. The immigration authorities have a Movement Control System in place. In terms of this system each entry to the country as well as permit amendments are entered. So, big brother is watching you.
If you stay for a period less than 30 days after your permit is valid, you face a fine of R1000.00. If you stay for a period of more than 30 days but less than 90 days after your permit is valid, you face a fine of R2500.00 per month. If you stay for a period in excess of 3 months a criminal investigation is opened against you and you will stand trial. If you go to the Department of Home Affairs to report your mistake, the chances are that you get off with a rap over the knuckles and the payment of a fine. If you are caught out at in a control scenario, you will be arrested.
One of the most common errors made by persons with valid temporary permits is that they are of the belief that the permit enables them to work anywhere they choose or open any kind of business. This is not the case. The temporary residence permit you are issued with is very specific. So if you are issued with a permit to work for a particular company, this is the only company you are able to work for. If you have a business permit to run a guest house, you are only entitled to run a guest house. If you have a permit to accompany your spouse, you are not entitled to work. The immigration legislation makes provision for amending the terms and conditions of your valid permit. There is therefore no reason not to do so. Remember, ignorance of the law is no defense.
A further common error in respect of persons making applications is that the application entitles you to take up the position of employment. This is not the case. You are only entitled to take up the position once the permit is endorsed in your passport. Often the new employer dictates that you do training or just help out in the business until your permit is finalized and that you will receive your remuneration once you have your permit. My advice to you: Don’t do it.
In the case of applicants for own business permits the temptation is great not to make a booking since the Department of Home Affairs can surely not access your email or bank accounts. My advice to you: Don’t do it.
In the case of the life partner of a South African citizen or resident being aware of the fact that your application receives Constitutional protection you may be tempted to take on an odd job or even a fulltime job. Don’t do it.
In terms of the internal procedures at the Department of Home Affairs, applications relating to work and to own businesses are first investigated by the immigration inspectorate. They will investigate the legitimacy of the company but moreover, they will attend to determine whether the applicant is already at work or running a business.
Should you be found at work or at running your own business, the consequences will be severe. The application you have so painstakingly worked on and paid for will become null and void. Your permit will not be expedited but your departure from the country will. Remember that the payment of a salary is not essential in determining whether you are employed or not. The short term temptation may be very enticing however you need to look at the greater picture and realize that your future in South Africa is in fact at stake.
Many new comers also fall into the hands of bogus immigration consultants who offer advice and permits at unbelievable rates and time frames. Permits require time because of the processes involved behind the scenes. In general a work permit and an own business permit cannot be finalized in less than 30 days. Work permits tend to involve other departments of state or at the least institutions like the print media. A permit that takes 3 days to finalize from start to finish cannot be a valid permit.
An applicant who makes an application for a permit described above will also be investigated and possibly charged for fraud. Even in the case where he or she unwittingly engages the services of a person who fraudulently acquires permits, the applicant will be investigated. It is assumed that the person must have known that the permits were illegal. A permit acquired in this way does not give you any status in the Republic even if it was not your fault.
The processes involved in clearing your name are time consuming and can only be effected through the office of the Director-General. Very little has come out of those offices and the most movement has been in the form of the consistent change of Director Generals. The Department has now employed the in ,,, years. Once you are black listed, the chances of being rehabilitated are very time consuming.
The best is to deal with reputable consultants and to be aware of the steps taken in respect of your application. Do not look for a quick fix as a hasty solution can become a long term problem.
Your
Cheryl Danielle Sjoberg