NEWS

The PM Immigration Pty Ltd News page is used to circulate newsworthy items for individuals considering immigration to South Africa as well as individuals currently living in South Africa. These posts are aimed at keeping you informed about topics and issues related to immigration, immigration procedures, immigration applications, VISA updates and more as the information becomes available to us.

Constitutional Court Ruling

If you are on an Asylum or Refugee status inside South-Africa then we can assist you to apply for a normal visa, this can be done for any visa you qualify for.

 

Constitutional Court Ruling as below:

 

Immigration Directive 21 of 2015 — validity of directive — imposes blanket ban on asylum seekers applying for visas under Immigration Act 13 of 2002 — inconsistent with Immigration Act — invalid

Immigration Directive 21 of 2015 — validity of directive — prohibits asylum seekers from applying for permanent residence permits — inconsistent with regulation 23 of Immigration Regulations of 2014 — invalid

 

ORDER

 

On appeal from the Supreme Court of Appeal (hearing an appeal from the High Court of South Africa, Western Cape Division, Cape Town):

1.Leave to appeal is granted.

2.The appeal is upheld and the order of the Supreme Court of Appeal is set aside.

3.To the extent that Immigration Directive 21 of 2015, issued by the Director-General of the Department of Home Affairs on 3 February 2016, imposes a blanket ban on asylum seekers from applying for visas without provision for an exemption application under section 31(2 ofthe Immigration Act 13 of 2002, it is declared inconsistent with the Immigration Act 13 of  2002 and invalid.

4.To the extent that Immigration Directive 21 of 2015, issued by the Director-General of the Department of Home Affairs on 3 February 2016, prohibits asylum seekers from applying for permanent residence permits while inside the Republic of South Africa, it is declared inconsistent with Regulation 23 of the Immigration Regulations, 2014 published under Government Notice R413 in Government Gazette37697 of 22 May 2014 and invalid.

 

Source: http://www.saflii.org/za/cases/ZACC/2018/39.html

What You Need to Know About South African Expat-Tax

Immigration is a complicated enough affair, however a recent amendment to the South African Income Tax Act will target those who are living and earning abroad. This will have fairly wide-reaching implications for those who have already immigrated, or are planning to do so. But you do have options to help protect your standard of living in the face of this questionable amendment.

What is Expat Tax?

The amendment is due to be enforced in 2020 and will subject all South Africans living abroad to pay tax on foreign earnings should they continue to work outside of the country for more than 183 days, with 60 of them being consecutive.

Wherever annual income exceeds over R1 million (which is surprisingly easily done), that individual will be liable for income tax of up to 45% of their earnings.

That sounds like quite a threshold to hit, but this amount won’t only include earnings, but also housing allowance, retirement benefits and other expenses afforded to international employees such as travel allowance.

Considering the difference in exchange rates in countries like the USA and the United Kingdom, this threshold will be all too easily hit for many South Africans working abroad.

Still, the law is the law and must be complied with, but you do have options, albeit some of them unpleasant.

You Could Repatriate Yourself

The clearest answer to this conundrum, for many, is the simplest one. Come back to South Africa and earn a living here. Of course, for many, that isn’t even an option. If you have spent years building up a life abroad, you can attest to how difficult it is to dump everything and come back.

Set up Funds to Cover Your Assets

With the right approach (and of course subject to the laws of the country) you may be in a position to set up financial structures that limit the liability you face while protecting your foreign income. This shouldn’t be done without care however, and should be done alongside a financial adviser and an immigration law specialist.

Consider Financial Immigration

Financial immigration is also a step that should be taken with absolute care, and should only be considered if you are wholly settled in a foreign country, and have been for a long time. It basically involves informing SARS and the Reserve Bank that you are no longer an ordinary South African citizen. This will, however, class you as a non-resident to South Africa, so it should be carefully considered before you commit to it.

Looking for Assistance with Immigration?

There is a lot involved in the process of immigration. With the right assistance, however, there is no reason why the process should move slowly. For assistance from a team of experienced immigration specialists, be sure to get into contact with a representative from PM Immigrationtoday.

The Benefits of a Canadian Visit Visa

A Visit Visa is not really a common type of visa that many countries have, or at least advertise. But it is a great option for those who are looking to explore a new country to be sure that they are making the right decision to immigrate there. A Visit Visa is a visa that offers an extended stay to allow anyone the option to stay in the country for a few months to get a general idea of their potential new home.

One country that offers this is Canada. They do this to allow potential citizens and migrants to see if they enjoy Canada and to explore the various cities to find their new home.

The Benefits

The Visit Visa is great because it allows people to do so many things that they wouldn’t be able to do with a short stay. It allows people to:

  • Get a sense of the true workings of their prospective city.
  • Build a circle of friends and a community.
  • Get used to the laws of the city, as well as the roads.
  • Experience a change in climate.
  • Find prospective means of employment and understand the job market.
  • Find a place to settle down and plant new roots.
  • To deal with culture shock and homesickness.

Having A Better Chance

By taking full advantage of your stay in Canada, of course within the parameters of your visa, you can fully immerse yourself in Canadian culture. This will allow you to have a great experience, while being able to make an informed decision about your future. It will also leave you with the added benefit of adding confidence to your decision. Another great feature is that you will not feel so lost and overwhelmed by a new environment while you’re trying to settle in.

PM Immigration

Uprooting your life can be a very intimidating and an exceptionally long journey. Rather be safe than sorry with great confidence in your immigration. Make the most out of your adventure by applying for a Visit Visa to Canada, as well as a variety of other countries in the world. Contact PM Immigration for all your immigration and emigration needs!

Visa Amendment highlights

  1. The new Critical Skills list is expected to be released in April 2019 – The Department is currently engaging with the respective Government Departments and Business Sector for their input.
  2. Permanent Residency for graduates within the Critical Skills Sectors is being further promoted to retain these skills, this will include temporary resident Critical Skills Work Visas for graduates not opting for Permanent Residency.
  3. 10 year Business Visas for BRICS countries issued within 5 days. These applications further may be submitted via courier. This is aimed at boosting investment from countries such as India and China.
  4. Visa free travel I being negotiated with numerous countries across Africa, the Middle East, Eastern Europe and the Caribbean.
  5. Ease of travel for minors to promote tourism.

 

http://www.workpermitsouthafrica.co.za/visaamendments-highlights-from-department-of-home-affairs-address/

 

 

Unabridged birth certificates scrapped in time for festive season

As the festive season approaches, the department of home affairs will scrap regulations requiring parents travelling with minors to present an unabridged birth certificate at ports of entry.

Speaking at a media briefing on Tuesday, Home Affairs Minister Malusi Gigaba said minors will still require the consent of both parents to leave the country. Children may travel however, with a birth certificate and a minor passport, which is in the process of being rolled out, and is in line with section 18 (3)© of the Children’s Act .

Rules from 2014 had stipulated that minors had to carry an unabridged birth certificate and have parental consent to travel.

In an interview with Radio 702 last week, David Frost, CEO of the Southern Africa Tourism Services Association said, “We know in the first year when the unabridged certificate requirement was being placed, 13 000 people were being turned away from points of embarkation but the real cost is people considering South Africa as a destination, coming across the requirements and then simply going to alternate destinations.”

Foreign minors will not have to carry parental consent and birth certificate with the new visa amendments. However, their parents will have to carry the documentation for their children, and travellers will have the opportunity to prove parental consent or relations to the child.

These changes, Gigaba promised, will be implemented “in good time before the festive season”.

“The department of home affairs, is committed to managing immigration in a way that advances our national development, security and our international obligations,” Gigaba said.

“It is a challenge inherent in immigration management to protect, prevent and act against these risks,” Gigaba added.

In an effort to retain critical skills, the government will make it easier for international graduates to stay in South Africa.

If an international student studied and graduated with a critical skill in South Africa, they may be eligible for permanent residence. Gigaga said however, “If you pursue a course outside the critical skill list, you will have to follow the normal steps to gain permanent residency.”

However, the list of what constitutes being highly skilled has yet to be discussed or finalised.

The changes had been finalised during a September 19 Cabinet meeting. These include changes to regulations applying to foreign minors travelling to South Africa, visa waivers, and relaxation of visa requirements for certain countries namely Nigeria, China and India.

According to Gigaba, travellers from India and China will be issued a 10-year multiple entry visa within five days of application, instead of the previous five-year multiple entry visa.

“We play a critical role in admitting over 10-million international visitors annually, which includes tourists, investors and neighbours,” said Gigaba. “Millions of jobs are sustained by the economic activity generated by these travellers.”

Gigaba said he wanted to make travel for visitors who support the growth of the economy as easy as possible, “while guarding against travellers who do not abide by our laws, those who overstay and persons associated with transnational threats such as organised crime, human trafficking, and terrorism.”

Other changes include an e-visa and e-gate. The latter will be piloted at Cape Town, King Shaka, and OR Tambo international airports to allow returning South African citizens, and trusted travellers — international travellers who visit South Africa frequently and do not have a criminal record — to use a self-service kiosk, lessening the number of people interacting with an immigration officer.

Gigaba said that South Africa was developing a biometric control movement in order to clear travellers quickly on arrival. The system has been piloted at Cape Town, Lanseria and OR Tambo and King Shaka airports. It has also been piloted at six of the country’s key land ports and processes are at an advanced stage to overhaul systems at land ports that have led to congestion.

“These measures have the potential to boost tourism and make business travel a lot more conducive. Tourism continues to be a great job creator and through these measures we are confident that many more tourists will visit South Africa,” President Cyril Ramaphosa said on Friday.

Source: Mail and Guardian

 

http://www.workpermitsouthafrica.co.za/unabridged-birth-certificates-scrapped-in-time-for-festive-season/

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