With critically important national elections happening at the end of this month in South Africa, there are some key immigration implications that employers need to be aware of.
These elections are being described as the most significant since the end of apartheid in 1994. While the ruling African National Congress (ANC) and the main opposition Democratic Alliance (DA) are the two principal parties, there is a proliferation of 70 other smaller parties and 11 independent candidates also contesting the elections. This could make the outcome much closer than previously expected.
Regardless of whether the ANC retains power or is replaced by the DA, the overarching theme for employers is likely to be increased immigration audits and compliance checks in the run-up to the elections. As the incumbent government wants to demonstrate control over immigration amid economic pressures, we are already seeing a big focus on enforcement and auditing of employers.
The key takeaway is to ensure your immigration files and processes are fully audited and compliant. You want to be prepared in case of an immigration audit, as we expect these to ramp up further ahead of the elections.
At the same time, the ANC government has introduced some positive new policies that employers should take advantage of, if eligible:
Trusted Traveler and Trusted Employer schemes - These provide significant benefits like not having to undergo labor market testing, faster processing times, and the ability to verify credentials later in the process.
Improved border management processes - The ANC has taken steps to improve immigration processing and border control efficiency.
While the DA is also viewed as business-friendly, the party may look to further enhance immigration processes if elected given their backing from U.S. and U.K. companies. With high stakes and added unpredictability from the multitude of smaller parties, the upcoming elections carry significant immigration implications for employers in South Africa. Prioritizing compliance while taking advantage of available programs should be the focus amidst the current climate of increased enforcement.
Thank you to Fragomen's Julia Onslow-Cole for providing this immigration update live on The View From The Top. You can access the complete update here.
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