Recent news reports point to an ever-weakening economy, shocking unemployment levels and a worrying skills exodus. The taxpayer base is being eroded as the very South Africans qualified to build the economy leave the country in droves.
While SA loses skills, business capital and jobs as a result, other countries are gaining â€` partly thanks to their initiatives to offer “golden visas”, in which applicants must invest heavily in their destination country and are given residency or citizenship in return. These golden, or investor, visas, offered by more than 20 countries worldwide, require investments of R2m-R20m and are reported to have grossed more than €25bn in Europe alone during the past 10 years.
Applicants are often required to invest in property and some form of national development fund for a minimum period, bringing significant revenues into the destination country. In addition to their financial investment, new residents or citizens also bring with them spending power, skills, tax revenues and the probable creation of jobs in their new home country.
Severely challenged in its efforts to raise the necessary revenues to improve public service delivery, SA surprisingly not only does not tap into this potential pot of gold but it actively closes its borders to foreigners keen to bring investment, skills and business capability into the country.
SA appears to regard all foreigners with suspicion, making visa, residency and citizenship applications a complex nightmare that actively deters foreigners, despite the fact that many foreigners would like to invest and live in SA.
As an immigration specialist, we receives numerous inquiries from wealthy individuals looking to purchase property for leisure use, and from skilled individuals wanting to work or open businesses in SA. While it may seem surprising to South Africans who want to emigrate, many foreigners see SA’s weather, tourist facilities, game reserves and general quality of life as attractive drawcards.
It is simply easier to acquire a visa fraudulently than to endure the emotional strain of acquiring a visa lawfully, which could take years because in most instances administrative appeals are necessary
For each foreigner investing in a holiday home, wine farm or safari lodge and for every skilled entrepreneur setting up shop in SA, we see a multitude of jobs being created and much-needed tax revenue generated.
Yet SA persists in locking down its borders. The home affairs department’s processes are beset with delays. Its officials enforce internal policies over the laws of the country, and wrongful application refusals result in lengthy and expensive legal battles for applicants.
Compounding these challenges, the critical skills list looks set to omit designations such as corporate GMs and financial investment advisers, excluding foreign applicants highly skilled in the fields of business development and finance.

Visas and permits are refused daily without any justifiable grounds. Applications for even the simplest visa are all too often resolved through litigation, and even then the department frequently does not comply with court orders.
It is simply easier to acquire a visa fraudulently than to endure the emotional strain of acquiring a visa lawfully, which could take years because in most instances administrative appeals are necessary. Unsurprisingly, a growing number of fraudulent visas appear to be in circulation.
Despite our president’s call to “open borders” and urging South Africans to look at foreigners coming to SA positively, the department of home affairs, which is responsible for regulating the entry of foreigners into SA, appears to be tightening immigration controls against skilled foreigners, foreign teachers, wealthy business people and retirees, refusing to issue visas to these individuals for reasons that extend far beyond the scope of the Immigration Act.
Encouraging interest
Our firm was co-founder of a multisectoral task team that recently made recommendations at a meeting with the acting director-general of home affairs and other officials on the question of scarce skills. Concern was voiced about the potential impact the Bill on International Migration and the critical skills list could have on efforts to grow the economy.
Our recommendations were well received, and it was encouraging that the acting director-general has encouraged public participation. However, several of our recommendations to boost foreign investment would require buy-in from other government departments. For instance, our recommendation on reducing the R5m foreign operating capital required to start a business would require a decision by the department of trade & industry, which has shown an encouraging interest and has expressed its wishes and intention to make SA great again.
However, no matter how receptive the acting director-general is to industry recommendations, and no matter how conducive the bill and scarce skills list is to immigration, the success of any new legislation â€` or efforts to attract foreign investment â€` will depend on how they are implemented in practice.
This is where the real challenge lies: home affairs officials are well known for their tendency to delay or summarily refuse applications, or make decisions not aligned with the letter and intent of the relevant laws.
These officials need to act with due respect for the law, their constitutional obligations, immigration jurisprudence and the rights of people and in the best interests of the country to attract foreign skills and investment and support the government’s economic growth objectives. V.2955

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
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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
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6128
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6129
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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
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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
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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 States’ 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
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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
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1. Right to Legal Representation•You have the right to consult with a legal representative.•Contact an immigration practitioner, legal aid clinic, or attorney urgently.•Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Act•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 •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.•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
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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
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