With a spotlight on corruption at immigration level, in the form of falsified visas and bribery, this has only made the topic more sensitive.

With unemployment figures at an all-time high and South Africa facing numerous economic challenges, the department of home affairs (DHA) and the department of labour are again taking steps to curb the employment of illegal foreign nationals living in the country.
With a spotlight on corruption at immigration level, in the form of falsified visas and bribery, this has only made the topic more sensitive.
Consequently, the DHA has taken action and established an anticorruption unit comprised of immigration experts, lawyers and forensic investigators, in the hopes that employment practices towards foreign nationals will be put under scrutiny.
Companies turning a blind eye to the validity of employee visas are putting themselves and their businesses at risk.
The Immigration Act 13 of 2002 and the Employment Services Act 4 of 2014 both clearly state that no one shall employ foreign nationals whose status prohibits them from being employed in South Africa.
However, there are still companies who employ candidates without doing the necessary checks ensuring they adhere to the regulations put forth in both amended Acts.
This will not only result in the immediate deportation of the foreign national, but it can also leave the South African employer facing a hefty fine or even imprisonment â€` not to mention the bill for repatriating the individual to their home country.

As sobering as all this is, the employee, regardless of being a foreign national without a valid working visa, is still afforded legal protection from an unfair dismissal under the Labour Relations Act, especially if they can prove negligence on the part of the employer.
In other words, besides already facing penalties or imprisonment, if the act of deporting the foreign national results in them being unfairly dismissed, the employer can still be drawn into a lengthy legal dispute with the employee through the Commission for Conciliation, Mediation and Arbitration.

For small to medium enterprises, one such exercise could possibly cripple their business and force closure. For larger corporates, the full weight of the decision would be cast on the human resources (HR) department within the organisation, as they are tasked to ensure compliance and adherence to all regulations.
It could also lead to the DHA and the labour department

conducting regular audits on the company’s employment records, which is akin to constant surveillance from both regulatory bodies.

The question will always be what HR departments can do to protect their company when employing foreign nationals. It is imperative to incorporate updated vetting processes when employing foreign nationals.

Fine-combing each job applicant is a tedious, but necessary, task, which forms part of the HR duties and obligations.
Understanding permit and visa types, which categories they belong to and what the accompanying regulations say about employment on that permit or visa, is just as important. While it is a challenge to stay current with legislation, it is not impossible.
There are numerous platforms and resources available to HR departments. Teachings and subsequent implementation of changes to legislation regarding the employment of foreign nationals should be a company standard.

The onus rests on the employer and the HR department in a company to provide the relevant assurances that their workforce is fully compliant in all regards. For large corporations, this can be a daunting hurdle to overcome.

Calling on the experience of an immigration specialist with a sound knowledge of immigration and employment laws, as well as permit and visa requirements, will provide the necessary peace of mind that employees have been vetted accordingly.

An immigration provider that is well versed on the specifications and requirements from the governmental stakeholders, will know the best course of action to eliminate any risk to the company. Failing which, make sure they offer specialist legal services, should there arise any legal dispute.

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www.samigration.com V.4107

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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