It can be hard trying to talk to officials, especially if you`re a foreigner, writes Georgina Crouth.
Trying to communicate with government departments is often an exercise in futility, especially when you`re a foreigner. Worse still, a foreigner in your own land A report out of Germany last week described how Syrian refugees, frustrated by that country`s bureaucracy, had launched an app to help them deal with the red tape.
It`s called Bureaucrazy, an apt name for an app aimed at decoding the Kafkaesque processes that define bureaucracies. But Franz Kafka would have had fun with South Africa`s bureaucracy because judging from the letters I`ve received in the past few weeks, it`s time for a "metamorphosis" right here, before we lose more critical skills and valuable members of society.
The complaints are alarming. An "exceptionally skilled" foreign doctor working in a rural HIV/Aids treatment centre cannot get a work permit and has been classified as an "illegal foreigner"; a South African-born woman who cannot get permanent residence after relinquishing citizenship decades ago; a British-born woman who has spent most of her life here as a permanent resident but is now red-flagged; a British woman who has been here for two decades and has waited two years for permanent residency approval; a professional couple who can`t get any joy with their permanent residence application from South African authorities, so they`re trying their luck with New Zealand.
Having attended a presentation titled "Trying to communicate with the government", I realise where the focus lies - on trying. Because it`s not only frustrating, it`s nigh impossible.
Officials screen their calls and complaints from the public don`t seem to be a priority. When they do finally respond, it is with a promise. And then nothing happens.
Immigration specialists say this is par for the course.
Julian Pokroy of Julian Pokroy Attorneys in Pretoria told me: "I have literally hundreds of examples in all categories of applications.
"Communication with the Department of Home Affairs at any level has become particularly difficult, with only a few exceptions.
"More than often telephones are not answered, e-mails are not responded to and precisely what you have experienced in trying to communicate at various levels within the Department of Home Affairs, and indeed also the ministry, are the rule rather than the exception.
You are not alone! "With the advent of the new "immigration" regulations in 2014... we have seen a declining level of service delivery.
"The intervention` of VFS as an outside body functioning as a receiving and dispatch agent for the department has not only pushed up the cost of obtaining a visa because of the additional fee... but it has become a buffer which effectively shields` the department from the client/applicant.
"Whether this has been a positive or a negative development hangs in the balance."
Nicola van Rensburg, head of consulting at Immigration and Consulting SA in Cape Town, echoed the sentiment: "We share practically all the experiences you describe but there are also positive examples and stories to be told.
"The general feeling in the industry is when engaging with Home Affairs, the instinctive approach is often to defend policy and the department`s view, rather than to look at the actual problems and find suitable solutions.
"Obtaining meetings with (Home Affairs) is also very difficult, and even large corporates find where a meeting is eventually possible they have gained little from the effort and time taken to secure this.
"We also experience poor quality of decision-making fairly frequently - unjustified rejections, errors in visas issued etc.
"Positively, we are finding processing times are becoming quicker and, for certain categories, the outcomes more predictable. We would like, however, to see this happen across the board for all types of visas and permits, as well as appeals.
"Also, the applications suffering the most are ones lodged with (Home Affairs)`s regional offices prior to the introduction of VFS offices in June 2014. When migrating to a new tracking system at that point, (Home Affairs) closed access to the old track-and-trace system and it is no longer possible to track older applications online."
For Craig Smith, principal attorney at Craig
| | Smith & Associates in Cape Town, the system`s inefficiency is particularly grating because it prevents professionals with critical skills from working in this country.
"It is a constant battle with the medical doctors and health professions in general... they have the very critical skills that our country should be attracting.
"When Home Affairs changed the law on May 26, 2014, it made matters considerably worse for foreign doctors. Why? For a host of reasons.
"Our Department of Home Affairs has opted to contract Cuban doctors under treaty agreements between the two counties to fill vacant posts for doctors.
"It then keeps these Cuban doctors to ransom by not allowing them to apply for permanent residence as the terms of their work assignment.
The doctors don`t want to return and thus stay for years and earn considerably less than the going rate.
"For example, I have Cuban doctors who have been in SA for over 10 years on multiple renewed temporary residence permits and when they want permanent residence they are disallowed," he said.
"The other problem is Home Affairs takes a very strict approach to the acceptance of waivers or endorsements by the Department of Health that would normally make it easier for foreign doctors to work in SA.
(It) is also cognisant of government policy to keep out foreigners. "Home Affairs, through its Foreign Workforce Section in Pretoria, is also slow to endorse and canvass for foreign doctors, who are clearly highly skilled, as opposed to treaty arrangements with second-rate skills from Cuba.
"Finally, the Health Professions Council of SA has failed foreign doctors who wish to relocate and work in South Africa.
"They put them through the most frustrating administrative testing requirements to qualify as a professional practising independent doctor in SA. (The council is) slow to respond to the needs of foreign medical doctors and out of touch with the reality and recognition of what these foreign skills can bring.
"In essence, all these factors results in an overall lethargy among the health professionals to fast-track their work rights and secure them into the future with residence.
"I`am constantly litigating against Home Affairs and trying to challenge the constitutionality of various provisions.
"The sad thing is I sometimes even have to go to court for ex-SA citizens to try and get their citizenship back. I have so many stories."
Van Rensburg is optimistic change is coming, in the form of the Green Paper on International Migration in South Africa, which was published on June 21. It is open for comment until the end of next month.
"Home Affairs is engaging with business to hear feedback on what is working, what isn`t and stakeholders` proposed changes to migration policy for the next few months...
"We are hopeful that, with significant pressure from business, new policy would be positively influenced."
Nothing`s likely to change soon though, which is why news of a Zimbabwean preacher`s direct appeal to Home Affairs Minister Malusi Gigaba on Twitter was encouraging.
Gigaba responded within minutes, referring the preacher to a staff member who he evidently relies on. I, too, received a response from Chief Ntshingila, a man whose sign-off says: "It is always an honour to serve the flag." That`s more like it. If only we had more such people in government.
Home Affairs and the Health Professions Council of SA did not respond to numerous requests for comment. The DA did and suggested readers lodge complaints through their office. They cannot promise assistance, though.
Try the DA: Mail assistance@da.org.za or visit www.da.org.za.
Complaint forms and all supporting documentation, including receipts, copies of IDs/passports and other information are required.
Wise up. Here`s how! Seek help: If your application is not proceeding, contact a specialist. Immigration lawyers have contacts and better prospects of success than members of the public. V.1713 |
One of the highlighted topics: Critical Skills Visa.
- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr... - This matter relates to critical skills visa and its broader implications. - Individuals are advised to seek professional guidance.
Is your profession on the Critical Skills List? This visa is your fast trac V.6139 Click here for full article | | One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.
-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process. -Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide. -LHR appeals extension, urges affected people to seek help now.
Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.
In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.
V.6133 Click here for full article |
A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.
Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.
V.6130 Click here for full article | | On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.
Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.
V.6131 Click here for full article |
The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs. The United Statesâ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions. The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132 Click here for full article | | The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.
What does this mean for travelers? V.6127 Click here for full article |
1. Right to Legal Representationâ¢You have the right to consult with a legal representative.â¢Contact an immigration practitioner, legal aid clinic, or attorney urgently.â¢Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Actâ¢You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you â¢If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.â¢BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121 Click here for full article | | Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122 Click here for full article |