Foreign Nationals with Pending Applications No Longer Permitted to Travel Overseas
April 4, 2014
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Foreign nationals in South Africa who apply for a stay permit will be expected to remain in South Africa until the application is processed. Foreign nationals with pending applications whose existing permits have not expired will continue to be able to travel while the existing permit remains valid. Previously (under Directive 43 of 2010), the Department of Home Affairs (DHA) permitted a foreign national applicant to re-enter South Africa if he or she had been issued a filing receipt in respect to a pending stay permit application. Directive 43 has been repealed effective immediately.
Foreign nationals who depart South Africa while a permit application is pending and who do not hold a valid permit will be required to obtain a visitors visa from a South African consular post prior to their return travel. Foreign nationals who re-enter as visitors will not be permitted to work until their permit is approved and may be fined.
The new rules may apply to foreign national permit applicants currently outside South Africa depending on when they departed South Africa: see the attached table.
What This Means for Employers and Foreign Nationals
The new policy means that foreign workers who make permit applications in South Africa and do not continue to hold a valid permit during the processing of the permit application will not be able to travel outside South Africa without losing work authorization and being subject to possible fines. Employers should be aware of this when considering applications for leave or possible temporary overseas assignments of permit applicants. Foreign nationals should not travel overseas if they have a permit application pending without seeking advice.
If travel cannot be avoided, visa nationals must obtain a visitor’s visa while abroad and before they return to South Africa. This process can take up to 15 days. A returning employee must not work unless they have been granted a valid work authorization. Employers should implement process to check work authorization regularly to avoid employing foreign nationals who may have traveled without the knowledge of the employer.
How Fragomen Can Assist
Fragomen can assist employers with a process for checking work authorization as required.
Fragomen will reach out to individual foreign nationals who will be affected by the new policy, provided we are aware that they are traveling. Employers should advise us of any foreign national employees who are currently traveling or will be traveling with expired or expiring permits so we can advise them of the impact.
Fragomen is also communicating the negative impact of the change to the DHA in the hopes that the new rules can be delayed until upcoming immigration reforms are implemented.
This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
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