Immigration lawyer`s arrest puts a spotlight on illegal work permits in SA

Source: Bizcommunity, 14/03/2019

The lawyer, who faces 1,125 counts of crimes ranging from fraud and
forgery to money laundering, has also been accused of bribing home
affairs officials for the “legalisation” of his clients who had
overstayed their permits.

According to the charge sheet, in some cases, his clients were
complicit to the fraudulent activities, but there were many instances
where the clients were wholly unaware that their permit applications
had been compiled and/or been supplemented with false information and
forged documents.
A warning to employers and expats

Marisa Jacobs, director and immigration specialist at Xpatweb, says
the recent case should serve as a warning to expats and employers alike.

While an employer may think that the immigration services they
appointed obtained visas and permits legally, this can no longer be
assumed or taken at face value.

“Now is the time to question the validity of your employee’s visas.
Department of Home Affairs officials have become increasingly diligent
about scrutinising visa applications and the supporting documentation
of work permits.

The arrest of such a prominent figure certainly explains why this is
the case. There is an acute awareness of fraud and forgery and those
who have obtained visas illegally are much more likely to be
prosecuted than in the past,” says Jacobs.
What happens if you employ foreigners who have illegal visas?

Employers of workers who have illegal visas could face fines and up to
two years imprisonment. Upon the third offence, per the Immigration
Act, employers will receive imprisonment without the option of a fine.

HR managers are the most likely to be held accountable if expats are
working at the company without visas that they have legally obtained
as they are deemed to be the gatekeepers of employees entering the
organisation and ensuring legally correct documentation, which
includes work visas that are both legally obtained and legally allow a
foreign national to work in the position they have been appointed and
for the specific company.

Jacobs advises that when dealing with an immigration service, a red
flag that employers and workers should look out for is exorbitant fees.

“At Xpatweb, we have never failed to successfully obtain a legal work
permit for a foreigner who truly has a scarce skill that is needed in
South Africa. When everything is above board, a consultant won’t have
to justify ‘additional fees’ to obtain a permit,” says Jacobs.

When the Department of Home Affairs audits businesses, they don’t
simply check visas and reference numbers on documents.

The Department’s inspectorate audits the underlying documents because
many times, it is these documents that were incorrectly or illegally
compiled and submitted as is seen by the charges laid against Smith.

Companies worried about the validity of their workers’ visas should
consider employing an independent immigration service provider for a
full immigration audit on all visas.

`Even if your employee obtained a visa before you appointed them, you
can still be held accountable if the visa is illegal. For peace of
mind, hire a reputable immigration service,” concludes Jacobs.

Talk to us if you are unsure “ www.samigration.com “ or email us “
info@sami.co.za “