Source: http://www.fin24.com/Business/New-bill-may-discourage-immigration-20101006
Proposed amendments to the Immigration Act will have far-reaching consequences for foreigners wanting to invest and work here, as well as for the domestic immigration industry.
Foreigners will now personally have to visit offices of the department of home affairs or a foreign embassy to apply for permits to enter the country.
In terms of the amendments no-one could in future apply on behalf of an applicant.
Leon Isaacson, chairperson of the Forum of Immigration Practitioners (Fipsa), said serious problems already existed in terms of the advice provided by staff at embassy offices.
Many of the offices, he said, were in an extremely deplorable state. To expect someone to stand in queues in those crowded and filthy centres would certainly discourage anyone from coming to the country – whether a student, chief executive or investor.
The amendments also threatened almost 20 000 jobs in the immigration industry.
The reason was the scrapping of Section 46 of the Immigration Act – which regulates the industry – in the draft amendment act on immigration.
Isaacson said the scrapping of Section 46 meant that any Tom, Dick and Harry might in future give advice on immigration.
To date the act has determined that only an attorney, advocate or immigration practitioner is permitted to represent any other person in terms of the processes and procedures of the Immigration Act.
The draft act was published on Friday, leading to large-scale unhappiness among practitioners and their clients.
MaXuba Immigration chief executive Jaco van der Merwe said there was considerable concern over the amendments.
Most companies in South Africa, he said, made use of a practitioner or attorney to submit their applications on behalf of their senior employees who did not have the time or experience to submit their applications themselves.
It has also been proposed that the status or conditions of a permit cannot be altered without the approval of the minister.
A study permit, for example, cannot be converted into a work permit without the minister's approval.
Where on earth would the minister find the time to handle these applications, asked Van der Merwe.
He explained that if a foreign engineering student had completed his studies in South Africa he would first have to leave the country to apply for a work permit in another country.
The same would, for instance, apply to a chief executive with a short-term work permit to set up business operations in the country.
Should he wish to convert it into an ordinary work permit he would first have to get the minister's approval or leave the country to apply for an ordinary permit outside South Africa.