STEFANIE DE SAUDE DARBANDI: It pays to welcome immigrants with critical skills

In a nation as diverse and dynamic as SA, the potential for growth and development lies in embracing skilled foreigners and fostering a welcoming environment for them. 

However, recent revelations have raised concerns about delays, rejections, and unnecessary complexities in visa applications. As immigration stakeholders and passionate citizens, we feel compelled to urge the minister of home affairs to prioritise the welfare of SA through progressive immigration practices.

An article on SABC news on July 12 shed light on the challenges faced by applicants seeking permanent residence and visas based on retirement or net worth. The delays and rejections experienced by these individuals, inclusive of our clients, are deeply disheartening. Applications are often rejected for trivial and misguided reasons, such as the inability to contact banks for verification or because home affairs deems applications as incomplete when, in reality, they are fully compliant.

The insistence on documents that exceed the statutory requirements of the law and then using that as grounds for rejection is unacceptable. Home affairs could adopt a more reasonable approach if additional documents are necessary, for example, contacting the applicants or their legal representatives.

This way, applicants are afforded the opportunity to address any queries or uncertainties raised. This approach fosters an environment of co-operation and facilitates effective communication between the applicants, their legal representatives and home affairs, ultimately working towards the common goal of verifying qualifications and documentation accurately.

A further issue is the exclusion of visa applicants who filed applications after March 2023 from the new blanket waiver which expires at the end of December 2023. By doing so, the minister has only exacerbated delays in processing.

Consequently, many foreigners find themselves in a precarious situation, where they are forced to overstay their visas, inadvertently becoming illegal residents, and ultimately banned from re-entering the country, should they exit the country before receiving their visas or being issued with visas which have already expired, which is the astonishing fate that often befalls short term visa applicants.

These tourists are not burdens but rather vital contributors to our nation’s prosperity. Instead of turning them away and causing them undue hardship, we should welcome and encourage them. These visitors should be supported and looked after while their applications are processed, as they have done everything legally required to extend their stay and continue contributing to our economy.

The callous response from a home affairs official with a high-ranking position overseeing visa and permitting matters, suggesting that these visitors should leave the country if their applications are not processed before their visas expire, is deeply concerning.

It demonstrates a lack of empathy and understanding for the challenges faced by these individuals, who have followed all legal procedures and paid their fees diligently. Such a dismissive attitude towards their plight is not only unjust but also detrimental to our country’s reputation. It is natural to question whether there is a hidden agenda behind these actions. The lack of transparency and apparent disregard for the wellbeing of applicants and tourists raise legitimate concerns about the motivations behind these decisions.

Home affairs must give utmost priority to streamlining the critical skills work visa process for applicants and proactively address the challenges associated with obtaining membership with various professional bodies. By tackling the complexities and difficulties posed by these bodies, the ministry can create a more accessible and efficient system for all skilled professionals seeking to contribute their expertise to SA.

The complexity of this process raises the question: why is it made so difficult for these individuals who can play a vital role in SA’s progress and development?

As the custodian of the Immigration Act, the minister of home affairs holds immense responsibility in shaping the country’s immigration policies. One cannot ignore the stark contrast between SA’s approach to immigration and that of other countries. Embracing a more welcoming approach, akin to that of countries like Canada, New Zealand and Australia, would attract much-needed foreign talent, creating a positive ripple effect on the economy and society.

Progressive immigration policies have shown that openness to skilled foreigners and investors, which include not only retirees and entrepreneurs but tourists too, benefits nations economically and enriches their societies culturally.

SA has the potential to foster a more inclusive environment for immigrants with critical skills. By doing so, the country can bridge its skills gaps, drive innovation, and create a stronger and more vibrant nation.

• De Saude Darbandi is the immigration and citizenship law specialist of De Saude Darbandi Attorneys.