The draft immigration regulations published last month will have serious implications for businesses wanting to employ skilled foreigners and entrepreneurs wishing to settle in South Africa, an immigration practitioner has averred.

Specialist migration company Global Migration South Africa MD Leon Isaacson notes that the regulations are likely to impede the economic growth of the country by not only creating a huge inconvenience for investors and applicants, but also leading to a loss in investment and skills. Further, this means that different sectors, such as those that heavily rely on software development will be affected negatively by the regulations.

“With the development of technology and more computerised ways of doing things, systems change in a few months and, in some instances, those skills would have to be imported into the country by means of foreign specialists to improve the technology in companies. By so doing, these personnel not only upgrade our technology but also provide much-needed skills into the country. By enforcing such regulations that have been proposed by government, this will result in a loss of skills for South African citizens as well,” he points out.

The regulations propose a new level of bureaucracy that is likely to be too long and drawn out for most investors, which leads to serious concerns over the capacity of the Department of Labour to implement such an inefficient process.

“Although we are a country striving to create jobs and empower our nation, the reality of the matter is that we do not have people who are skilled to carry out certain tasks and these regulations are aiming to overprotect local people at the expense of creating jobs. Unfortunately, foreigners are the ones who have the skills needed in our country to influence our economy positively as some come with businesses to create job opportunities in the country,” he explains.

The Department of Labour highlights that the general work permit – now called the corporate visa in the regulations – which is the standard basis on which businesses import foreign skills, will become significantly more onerous to obtain. The department says a company will need to prove to the Department of Labour that it has conducted a diligent search among South African citizens and permanent residents for the position in question without success.

While the alternative for skilled foreigners seeking employment in South Africa would be to apply for a critical skills work visa, which is valid for five years, they would also need written confirmation from the South African Qualifications Authority (Saqa) attesting to their qualification/s.

The Draft Immigration Regulations further point out that, if required by law, proof of application for a certificate of registration with an accredited professional body, council or board, approved by Saqa, must be confirmed in writing.

Also, the spouse and dependent children of a holder of a critical skills work visa will be issued with appropriate visas valid for the same period as the applicant’s critical skills work visa.

Home Affairs Minister Naledi Pandor indicated after the release of the regulations that comments on the Draft Immigration Regulations would be open for public comment until the end of February, after which an Amendment Act on the labour legislation would be in place.

It is expected that the regulations will be finalised and that the Amendment Act will come into force during mid-2014.