Corporate Immigration General framework Legislation

Source: SAMI, 31/10/2019

International agreements
Has your jurisdiction concluded any international agreements affecting
immigration (eg, free trade agreements or free movement accords)?
South Africa Sa Migration International
South Africa has not signed any international agreements (apart from
the visa-exempt agreements mentioned in question 5). South Africa has
issued certain dispensations to regularise the status of certain
nationalities in southern Africa (Zimbabwe, Lesotho, etc).
Regulatory authorities
Which government authorities regulate immigration and what is the
extent of their enforcement powers? Can the decisions of these
authorities be appealed?
South Africa Sa Migration International
The Department of Home Affairs (DHA) is responsible for the control,
regulation and facilitation of immigration to South Africa, including
the enforcement thereof. Enforcement measures include fines or
imprisonment for breaches of the immigration legislation with the
potential for deportation of non-compliant foreign nationals. The
Department of Labour (DoL) is increasing its role in the immigration
process, in conjunction with the DHA, to ensure sustainable
opportunities for South African citizens or permanent residents in the
local employment market.
Decisions of the DHA and DoL are subject to internal and external
appeal through stated regulations or court action, as needed.
Government policy
In broad terms what is your government’s policy towards business
immigration?
South Africa Sa Migration International
The South African government supports skilled immigration in accordance
with its stated policy to develop and expand the local economy for the
benefit of South Africa and its citizens.
However, this policy is balanced against the need to address
unemployment levels within the country, security issues for the country
(including citizens, foreign nationals, and minor children and
travellers) and the commitment to increase employment opportunities for
local citizens.
Accordingly, the intention is that the importation of foreign skills to
South Africa should gradually decrease through the training of local
citizens to meet future employer demand.
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