SA Migration International

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Do illegal workers have any rights?

Source: SA Migration, 10/03/2023

Many employers often employ illegal foreigners thinking that an illegal worker can be mistreated or underpay them significantly. The thought behind this is that they cannot seek assistance from the government or CCMA. Illegal workers can seek assistance from CCMA to seek recourse. If an employer is found guilty then compensation might be the best solution for the CCMA as reinstating the employee is a direct contravention of the immigration act.

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If you are visiting SA or already here on a visa, take this as a public-interest warning. In 2025, a quiet, but sharp, shift has taken hold inside parts of home affairs adjudication ranks: applications are being refused almost mechanically if they were not submitted at least 60 days before visa expiry.A wave of refusals repeating near-identical wording:The applicant did not submit his/her application no less than 60 days prior to the expiry date of his/her.

The rigid application of this rule, devoid of consideration for mitigating circumstances, raises serious concerns about the fairness and legality of such administrative decisions.

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