At Newland Chase we pride ourselves on helping our clients stay ahead of the news. We’re constantly evolving and adapting to provide the best guidance and strategic advice for our clients.

We’re excited to announce today that our global immigration and travel solutions are continuing to evolve to meet the ever-changing employment demands of our clients.

We’ve enhanced our Advisory Services, structured around four strategic services. These changes are designed to streamline processes, assure compliance, and drive success for our clients. Introducing our four realigned strategic services: 1) Immigration and Travel, 2) Workforce Compliance, 3) Future of Work, and 4) Discovery.

Immigration and Travel

We understand how crucial global mobility and travel are for your business. As a trusted partner, we leverage our extensive knowledge of global immigration and cross-border business travel to deliver customized solutions that meet your unique needs. By working closely with you, we identify and address potential concerns, mitigating risks and avoiding costly penalties. Our goal is to provide seamless, timely, and fully compliant travel arrangements for your employees, ensuring peace of mind and minimizing disruptions to your global operations. With Newland Chase Advisory, you can trust that your organization’s international mobility and travel programs are in expert hands.

Workforce Compliance

When it comes to taking care of your people, compliance is non-negotiable. Newland Chase Advisory helps corporations navigate complex employment scenarios by identifying key actionable events, recognizing and addressing risks, and by creating comprehensive reference materials for right to work checks, document collection, and retention processes. With our comprehensive solutions, you’ll gain access to essential reference tools, including country-specific guides, real-time assessments of work eligibility, and oversight of eligibility records for your entire employee population. Our workforce compliance services also empower clients to navigate non-traditional workforce structures, including contractors, remote workers, students, and business visitors. Newland Chase Advisory will ensure legal workforce compliance and empower your organization to thrive in a rapidly changing global environment.

Future of Work

Progressive employers know that competitive advantage can be found in employment policy. Recent world events have accelerated the shift from traditional working norms and towards remote hybrid work arrangements, leading to a need for corporate and HR leaders to adapt their focus to long-term people strategies. Newland Chase Advisory has developed a Future of Work service suite to help clients navigate workforce challenges. The suite includes services such as corporate impact assessments, layoff consultancy services, international location and work-from-anywhere strategies, and reskilling and redeployment immigration strategies. These services aim to provide data-driven, legally compliant HR and global mobility strategies to optimize talent deployment, reduce risk, and maximize business opportunities.

Discovery

To ensure clients maintain compliance with essential document management requirements, Newland Chase Advisory has developed our Discovery service. This comprehensive solution includes employee population audits, benchmarking against industry best practices, and provides detailed findings, actionable recommendations, and training to ensure seamless implementation. With our expert guidance, clients can confidently navigate regulations surrounding document collection and retention, GDPR, personnel file requirements, and right-to-work documents, ensuring optimal compliance and minimizing risk.

Evolving to meet the needs of an evolving client base

Existing Newland Chase Advisory clients can continue to expect the same high service levels they’re used to—these changes won’t disrupt established service patterns. They represent a new way of looking at our services to ensure that whatever the world throws at us, we’ll be there for our clients to provide the very best guidance and support.

To learn more about our four strategic services, or for help with any immigration or travel issue you’re currently facing, existing clients can contact their Client Manager. If you’re not currently a Newland Chase client, email advisory@newlandchase.com to learn more about what we do.

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On February 8, 2024, the South African Department of Home Affairs released a draft in the Government Gazette containing several proposed amendments to existing Immigration Regulations (“Regulations”), as promulgated under the Immigration Act. These proposed amendments were subject to public commentary until March 29, 2024.

As previously reported, in a surprise turn of events on March 28, 2024, the Department, seemingly without any regard for public comments, promulgated final amendments to the Regulations in the Government Gazette and the changes became effective immediately. It did not make any changes to the draft regulations it had proposed and the move was widely criticized for its apparent failure to allow for meaningful public consultation.

In April 2024 the amendments to the Regulations were withdrawn. The Minister indicated that the Department would address certain issues with the amendments and promulgate them again in due course.

On May 20, 2024, the Minister promulgated the new, final amendments to the Regulations. A summary of the changes is included below.

Remote Worker Visa (Digital Nomad Visa)

The amendments mark the introduction of South Africa’s long-awaited digital nomad/remote worker visa category. The Immigration Act permits the issuance of a Visitor’s Visa valid for up to three years, to foreign nationals engaging in specific activities within South Africa, as outlined in the Regulations.

The amendments introduce a new sub-category of Visitor’s Visa allowing foreign nationals to work remotely for a foreign employer while residing in South Africa, provided their annual earnings amount to no less than R1 million. If the visa duration exceeds six months within a 36-month period, the foreign national must register with the South African Revenue Service (SARS) for tax obligations. However, if the visa duration is six months or less within a 36-month period, the foreign national can apply for an exemption from the South African Revenue Service from registering as a taxpayer.

Points-based system for work visa applications

The amendments introduce a points-based system for work visa applications. Requirements for this system are outlined in the Regulations. This system will be outlined in greater detail by the Minister through a further proclamation in the Government Gazette. In formulating the points-based system requirements, the Minister must consider various factors pertaining to the work visa applicant including their age, qualifications, language proficiency, work experience, job offer and adaptability within South Africa. Once the points-based system requirements are defined and become law, all work visa applications will be assessed accordingly.

The Minister has clarified that the points-based system will only pertain to applications for General Work Visas (“GWV”) and it will replace the role currently played by the Department of Labour & Employment (“DOLE”).

At present, to obtain a GWV, the prospective employer must make a submission to the DOLE for a letter in support of the issuance of the work visa confirming that, 1) despite a diligent search, it has been unable to find a suitable South African citizen or permanent resident with qualifications or skills and experience equivalent to those of the foreign national it wishes to employ, 2) the foreign national has qualifications or proven skills and experience in line with the job offer, 3) their salary and benefits are not inferior to the average salary and benefits of South African citizens or permanent residents occupying similar positions in South Africa, and 4) the contract of employment stipulating the conditions of employment, signed by both the employer and foreign national, is in line with South African labour standards and issued on condition of approval of the GWV.

Unfortunately, the DOLE’s role in the GWV application process has been far from efficient and effective and the system has become dysfunctional, making it extremely difficult, and in many instances impossible, for employers to obtain the necessary DOLE GWV supporting letters for much-needed foreign resources who do not qualify for an Intra-Company Transfer Work Visa or a Critical Skills Work Visa. The DOLE’s ability to meaningfully and objectively evaluate GWV submissions made by employers and consider the complex operations and needs of businesses across different industry sectors has been severely lacking.

Exceptional circumstances to change status

Individuals holding a short-term Visitor’s Visa are typically prohibited from changing their immigration status while within South Africa unless specific exceptional circumstances exist. These exceptional circumstances are prescribed in the Regulations and include the need for emergency life-saving medical treatment lasting more than three months or being the accompanying spouse or child of a business visa holder (a visa allowing self-employment) or a work visa holder.

The amendments broaden these exceptional circumstances to encompass being the spouse or child of a South African citizen or permanent resident, as well as being the parent of a South African citizen or permanent resident child.

These changes stem from judgements handed down by the Constitutional Court of South Africa in the landmark judgements of Nandutu and Others v Minister of Home Affairs and Others and Rayment and Others v Minister of Home Affairs and Others.

The changes facilitate the entry of spouses, children and parents of South African citizens and permanent residents as visitors, enabling them to change their visa status within the country. This eliminates the previously burdensome and often costly requirement of separation when foreign relatives were compelled to apply for long-term visas from their home countries or places of ordinary residence. For foreign spouses and partners of South African citizens or permanent residents holding Visitor’s Visas under section 11(6) of the Immigration Act (permitting work, study, or self-employment based on their spousal relationship) fulfilling their parental responsibilities to their South African citizen or permanent resident children, these amendments great provide relief. In the event of the termination of their spousal relationship for whatever reason, they are no longer obligated to depart South Africa to apply for a new visa from abroad, provided they meet the necessary criteria.

Registration with statutory professional bodies, board and councils (work and corporate visas)

To apply for a Critical Skills Work Visa, which can be issued for a maximum period of five years, a foreign national must, among other requirements, furnish proof of their application for a certificate of registration with the relevant statutory professional body, council, or board recognized for their profession by the South African Qualifications Authority (SAQA), as mandated by section 13(1)(i) of the National Qualifications Framework Act.

Professional registration typically signifies a legal obligation to be registered with a professional body, council, or board to practice a profession lawfully. A significant issue with these statutory professional bodies, councils and boards in South Africa is the considerable time they often take to register a foreign national.

The amendments modify this requirement so that if only proof of application for registration is provided, the work visa may be granted for a period of up to 12 months. Conversely, if proof of final registration is submitted, the visa may be issued for the full five-year term.

Similar changes are introduced for the Corporate Visa category. An applicant applying for work authorisation under the visa must also provide evidence of their application for registration with the relevant professional body, council, or board recognized by SAQA, alongside other stipulated requirements. Under the amendments, if only proof of application for registration is submitted, the corporate worker authorization may be granted for a period of up to 12 months. However, if proof of final registration is presented, the authorization may be issued for the maximum three-year period.

Registration with statutory professional bodies, board and councils (permanent residence)

In the case of an application for a Permanent Residence Permit based on self-employment, similar to that of a Critical Skills Work Visa, it is required by law for the applicant to provide evidence of their application for a certificate of registration with the relevant statutory professional body, council, or board recognised by SAQA for the profession in question.

Similar to the amendments to the Critical Skills Work Visa category, the amendments alter the legal requirement for the permanent residence category, based on both the establishment of a new business or having an existing one, so that if only proof of application for a certificate of registration is submitted, the “visa” or “business visa” may be issued for a period of up to 12 months. Conversely, if proof of final registration is provided, they may be issued for the maximum period allowed by law for the respective visa categories.

However, these amendments are illogical in the context of permanent applications since permanent residence permits are issued indefinitely. Therefore, it is unclear what the Department intends to achieve with them in relation to permanent residence applications.

Amendment to definition: Police clearance certificates

Prior to the amendments, a police clearance certificate was defined as documentation issued by the police or security authority regarding the criminal records or character of an individual in each country where a foreign national, applying for a Temporary Residence Visa (“visa”) or Permanent Residence Permit (“permanent residence”), has resided for 12 months or more after turning 18 years of age. This certificate could not be older than six months at the time of application submission. For visa renewal or extension applications, only a South African police clearance certificate was needed.

The amendments prescribe that a police clearance certificate is only necessary from countries where the foreign national has lived for 12 months or more after turning 18 during the five years immediately preceding the visa or permanent residence application date.

Deletion of definition of radiological reports

The amendments remove the definition of a Radiological Report, which is a report by a registered radiologist confirming that a foreign national has been examined and shows no signs of active pulmonary tuberculosis, provided it is not more than six months old at the time of a visa or permanent residence application submission.

A foreign national applying for a visa, including renewals or extensions, or permanent residence is now only obligated to furnish a medical report, defined as a report not exceeding six months in age at the time of application submission, from a registered medical practitioner. This report should encompass their overall health status and outline any existing medical conditions.

The amendments revise the Regulations to stipulate that only a medical report is necessary for visa and permanent residence applications, instead of both a medical and radiological report. They also update the various prescribed application forms on which both were stipulated as requirements.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.

The post SOUTH AFRICA – Update on Immigration Legislative Amendments appeared first on Newland Chase.

As previously reported, in a surprise turn of events on March 28, 2024, the Department of Home Affairs, seemingly without any regard for public comments, promulgated final amendments to the existing Immigration Regulations in the Government Gazette and the changes became effective immediately. It did not make any changes to the draft regulations it had previously proposed, and it was widely criticized for its apparent failure to allow for meaningful public participation and consider public comments, which it had invited by March 29, 2024, when it promulgated the draft amendments on February 8, 2024.

On April 9, 2024, in a swift about-turn, the Minister of the Department convened a press conference in which he stated that he was ill-advised to promulgate the amendments to the regulations and that they would be soon withdrawn by further notice in the Government Gazette. He indicated that the Department would address certain issues with the amendments and promulgate them again in due course.

Clarifications and insights revealed

The Minister took the opportunity to provide some insights regarding the new points-based system. As previously reported, the amendments introduced ambiguous provisions for points-based criteria—to be fully determined by the Minister at a future date—for the adjudication of work visa applications. This was concerning, as it will likely complicate matters and impede the issuance of work visas to much-needed skilled foreign resources.

The Minister advised that the points-based system will only pertain to an application for General Work Visas (GWV), and it will replace the role currently played by the Department of Labour & Employment (DOLE).

At present, to obtain a GWV, the prospective employer must make a submission to the DOLE for a letter in support of the issuance of the work visa confirming that;

• Despite a diligent search, it has been unable to find a suitable South African citizen or permanent resident with qualifications or skills and experience equivalent to those of the foreign national it wishes to employ; 
• The foreign national has qualifications or proven skills and experience in line with the job offer;  
• Their salary and benefits are not inferior to the average salary and benefits of South African citizens or permanent residents occupying similar positions in South Africa; and  
• The contract of employment stipulating the conditions of employment, signed by both the employer and foreign national, is in line with South African labour standards and issued on condition of approval of the GWV.

The role of DOLE in GWV applications

Unfortunately, the DOLE’s role in the GWV application process has been far from efficient or effective, and the system has become dysfunctional, making it extremely difficult—and in many instances impossible—for employers to obtain the necessary DOLE GWV supporting letters for needed foreign resources who do not qualify for a Critical Skills Work Visa. The DOLE’s ability to meaningfully and objectively evaluate GWV submissions made by employers and consider the complex operations and needs of businesses across different industry sectors has been seriously lacking.

Removing the DOLE from the GWV application process is certainly a very positive development, however, it has yet to be seen what reasonable points-based criteria the Department is going to introduce for the issuance of a GWV and whether it has the ability to efficiently, effectively and objectively evaluate these criteria.

Trusted Employer Scheme

Finally, the Minister also took some time to explain the new Trusted Employer Scheme (TES) that has recently come into operation. In terms of the new scheme, qualifying employers who have been approved and admitted by the Department into the scheme are given a large amount of autonomy regarding determining which foreign nationals they hire and that they have the requisite qualifications, skills and experience for the role. When it comes to the issuance of work visas to foreign nationals associated with TES employers, the Department relies on the employer’s evaluation of the foreign national’s credentials and, where applicable, its objective to transfer skills to South African citizens and permanent residents and issues the work visa in good faith. The Department will then randomly audit TES employers’ records to ensure their compliance. Those failing to comply can face removal from the TES and further action by the Department.

The Minister clarified that the TES is only aimed at employers who;

• have invested at least 100 million Rand in South Africa; 
• employ 100 or more employees, 60% of which must be South African citizens or permanent residents,  
• can demonstrate extensive skills transfer initiatives to transfer skills to South African citizens and permanent residents; and  
• whose businesses operate in industry sectors which are in the national of interest of South Africa, such as (but not limited to), the energy sector and those involved in infrastructure investment.

The Broad-Based Black Economic Empowerment (B-BBEE) credentials of the employer were also a key consideration. B-BBEE is a government policy to advance economic transformation and enhance the economic participation of black people who are South African citizens in the South African economy. The success of the TES Scheme is yet to be seen.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case or company-specific assessments.

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On the 8th of February 2024, the Minister of the South African Department of Home Affairs released a draft in the Government Gazette containing several proposed amendments to existing immigration regulations, as promulgated under the Immigration Act. These proposed amendments were subject to public commentary until March 29, 2024; however, in a surprise turn of events on the March 28, 2024, the Department, seemingly without any regard for public comments, promulgated the final amendments to the regulations in the Government Gazette and the changes became effective immediately. It did not make any changes to the draft regulations it had previously proposed, and it has been widely criticized for its apparent failure to allow for meaningful public participation and consider public comments.

The legislative changes in detail

As previously reported, the amendments codify certain changes already implemented by the Department, either through Ministerial directives or in response to Constitutional Court judgments that found certain sections of the Immigration Act and Regulations unconstitutional, including enabling spouses, children, and parents of South African citizens and permanent residents to change status from a Visitor’s Visa to another visa in South Africa from within South Africa, which they were previously prohibited from doing.

They amend the legal definition of a police clearance certificate and require that the document only be necessary from countries where a foreign national has lived for 12 months or more after turning 18 years old during the five years immediately preceding the visa or permanent residence application date, as opposed to all countries in which they resided for 12 months or more after turning 18.

They also omit the requirement to provide a Radiological Report, which is a report by a registered radiologist issued pursuant to a chest X-ray confirming that a foreign national has been examined and shows no signs of active pulmonary tuberculosis, in support of visa and permanent residence applications.

They introduce a new, long-awaited, remote worker visa option, which is undoubtedly a positive and appreciated development. Foreign nationals who work remotely for a foreign employer and have annual earnings amounting to no less than R1 million can apply for a long-term Visitor’s Visa to enable them to work from South Africa, which may be issued valid for up to three years. If the visa duration exceeds six months within a 12-month period, the individual must register with the South African Revenue Service (“SARS”) for tax obligations. However, if the visa duration is six months or less within a 12-month period, tax registration is not required.

Some points remain unclear

The exception from the requirement to register with the SARS when the visa duration is less than six months essentially creates an exemption that is not consistent with the provisions of the South African Income Tax Act, 1962, which is a point of concern. It also remains unclear whether having a remote worker in the country will create a permanent local establishment of their foreign employer in South Africa, and thus create a corporate tax liability, and whether an external company registration obligation, as provided for the in South African Companies Act, 2008, could be triggered. Furthermore, unfortunately, the visa option does not extend to freelance and other self-employed persons who constitute a significant portion of the remote working population, thus severely limiting the target audience of remote workers. These issues could have been effectively addressed by the Department through proper consultation with the SARS and the review and consideration of public comments submitted by various industry specialists who have stated publicly that they submitted comments on these points.

The amendments introduce ambiguous provisions for points-based criteria, to be further determined by the Minister at a future date, for the adjudication of work visa applications. This will likely complicate matters and impede the issuance of them to much-needed, skilled foreign resources.

Finally, the amendments restrict the validity of certain temporary residence visas issued to foreign nationals to 12 months in instances where they are required by law to register with a statutory professional body, council, or board and have applied but have not yet been registered. This will help ensure that foreign nationals ultimately acquire the necessary registration for their professions. Unfortunately, the Department has applied the same restrictions to applications for permanent residence permits which are not issued with limited validity; therefore, the amendments in this regard do not make sense. Again, this could have been detected and effectively addressed by the Department had it properly considered public comments. 

Newland Chase Insight

The Department has not released any statement explaining or defending why it failed to consider public comment and it is yet to be seen whether it will take any action to address the widespread concern in this regard.  

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case or company-specific assessments.

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On February 8, 2024, the Minister of the Department of Home Affairs of South Africa released a draft in the Government Gazette containing

The amendments codify certain changes already implemented by the Department, either through ministerial directives or in response to Constitutional Court judgments that found certain sections of the Immigration Act and regulations unconstitutional. This includes enabling spouses, children, and parents of South African citizens and permanent residents to change status from a visitor’s visa to another visa from within South Africa, which they were previously prohibited from doing.

The proposals include amending the legal definition of a police clearance certificate and requiring that the document only be necessary from countries where a foreign national has lived for 12 months or more after turning age 18 during the five years immediately preceding the visa or permanent residence application date. Currently the certificate is required from all countries in which the applicant resided for 12 months or more after turning 18.

The amendments also propose omitting the requirement to provide a radiological report, which is a report by a registered radiologist issued pursuant to a chest X-ray confirming that a foreign national has been examined and shows no signs of active pulmonary tuberculosis, in support of visa and permanent residence applications.

The amendments introduce a new and long-awaited remote worker visa option, which is undoubtedly a positive development. Foreign nationals who work remotely for a foreign employer and have annual earnings amounting to no less than R1 million can apply for a long-term visitor’s visa to enable them to work from South Africa, which may be valid for up to three years. If the visa duration exceeds six months within a 12-month period, the individual must register with the South African Revenue Service (SARS) for tax obligations. However, if the visa duration is six months or less within a 12-month period, tax registration is not required.

Less encouragingly, the proposed amendments introduce ambiguous provisions for points-based criteria—to be further determined by the Minister at a future date—for the adjudication of work visa applications. This will likely complicate matters and impede the issuance of them to much-needed, skilled foreign resources.

Finally, the amendments propose restricting the validity of certain visas issued to foreign nationals to 12 months in instances where they are required by law to register with a statutory professional body, council, or board and have applied but have not yet been registered. This will help ensure that foreign nationals ultimately acquire the necessary registration for their professions.

As always, don’t hesitate to reach out to your Newland Chase dedicated contact or submit an inquiry here should you have any specific questions regarding this announcement.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments. 

The post SOUTH AFRICA – Proposed Legislative Changes on Immigration appeared first on Newland Chase.

In the ever-evolving landscape of global mobility and immigration, the year 2024 stands as a pivotal moment for significant transformations and technological advancements. This article provides a comprehensive analysis of the latest shifts and innovations in the field, ranging from the implementation of the EU Entry/Exit System (EES) to the increasing digitization of visa processes, the strategic pursuit of global talent, and the crucial balancing act between immigration compliance and enforcement.

As nations strive to attract highly skilled professionals while ensuring robust border security, let’s explore the intricate dynamics and forward-thinking strategies that are shaping the future of global immigration and mobility.

Entry/Exit System (EES)

The EU Entry/Exit System (EES) is an automated system for registering travellers from third-countries, both short-stay visa holders and visa exempt travellers, each time they cross an EU external border. The system will register the person’s name, type of travel document, biometric data (fingerprints and captured facial images), and the date and place of entry and exit, all while fully respecting fundamental rights and data protection.

The introduction of this system will ensure that travelling to European countries is more efficient and removes the need for passport stamping and border control procedures on arrival as registration will be done at the external border. The EES will also make it easier for immigration officials to identify any traveller who has overstayed in EU countries or confirm if an individual has no right to enter.

Whilst the exact date that the EES becomes operational is still to be confirmed it is expected to be in place in or around October 2024.

Digitisation Persists

Throughout 2024, we expect to see an increase in countries continuing to leverage advanced online filing systems to simplify immigration procedures. Governments have continued to phase out mandatory requirements to submit hard copy applications, with the widespread adoption of electronic visas expected to become more standard practice.

For example, the Australian Government are looking to implement changes that will improve the migration system’s efficiency. Their plans include streamlining visa application routes and enhancing overall user-friendliness within the immigration system.

Countries such as Kenya have recently implemented digital pre-travel security checks for visa-waiver nationals through electronic travel authorization systems. This will eliminate the requirement to obtain a visitor visa for Kenya. The UK are also preparing to introduce the ETA in 2024 and final preparations will be made for the implementation of ETIAS in EU/Schengen which has a revised start date to begin in 2025.

Global Talent Dynamics

The competition for global talent will remain as organizations seek specialized skills. Countries will prioritize attracting and retaining highly skilled professionals to drive economic growth. In December 2023, Ireland’s Department of Enterprise, Trade & Employment announced an increased eligibility for employment permits for non-EEA nationals adding 11 roles to the Critical Skills Occupation List and made an additional 32 roles eligible for a General Employment Permit.

The recent update to the EU Blue Card is another example that demonstrates greater facilitation of the movement of foreign nationals, specifically within the EU. Once the EU Blue Card holder has completed 12 months employment in the first member state (which was previously required to be 18 months) they may then be eligible to enter, reside, and subsequently work in a second member state within 30 days of filing a simplified new EU Blue Card application. Time spent on the EU Blue Card in the first Member State will count towards the legal residency requirement for obtaining EU Long Term Residency status in the second member state.

Furthermore, remote work visa options and digital nomad visas continue to be considered by an increasing number of countries as a means to attract foreign workers and accommodate the rise in flexible work arrangements. South Korea have recently begun a pilot operation of the digital nomad visa which began on January 01, 2024. This visa allows foreign nationals to work remotely while being able to avail of an extended stay in South Korea. The foreign national must be employed outside of South Korea.

Another emerging trend is that of governments choosing to extend visa-waiver options to nationals of additional countries. From March 2024, Thailand and China will permanently waive visa requirements for each other’s citizens. Additionally, China is granting a visa waiver to nationals of six countries (Germany, France, Spain, Italy, Malaysia and the Netherlands), who will be able to visit China for up to 15 days for business, tourism, family visits and transit purposes.

Despite all the above-mentioned measures being introduced to lure foreign talent, protectionist measures will persist due to ongoing economic challenges. Governments will need to navigate a delicate balance between global talent acquisition and safeguarding jobs for local workers. Hungary is introducing changes to existing immigration rules, with an aim to tighten their immigration regulations.  In the second half of 2024, elections will take place in the United Kingdom and United States and the outcome of these will determine immigration policies in both countries.

Immigration Compliance and Enforcement

Governments will intensify efforts to enforce immigration compliance by way of visa inspections and increased scrutiny of purpose of travel at borders.

For example, we have recently observed German immigration authorities requesting temporary reinstatement of internal Schengen borders.  We also anticipate an increase in inspections to verify posted worker compliance in EU and EEA countries as well as more focus on the social security aspect of compliance (A1 form).

Countries including the US, Canada, and South Africa continue to grapple with huge application backlogs, largely rooted in the COVID-19 pandemic. These backlogs leave foreign nationals in a state of limbo for extended periods and lead to some seeking more efficient administration and security elsewhere, which is problematic, particularly in the case of highly skilled migrants. The United States Department of Homeland Security plans to make changes in 2024 to the process for adjustment of status to permanent residence. This change is anticipated to reduce processing times and promote the efficient use of immediately available immigrant visas

Preparing for the Next Global Challenge

Finally, companies increasingly find themselves operating in challenging locations and subject to adapting to the latest “polycrisis”. Emergency situations and the need for crisis management are becoming increasingly common and require complex strategic solutions. The need for urgent international travel—either in to or out of locations—can result from many types of emergencies: from natural disaster to pandemic; from political upheaval to military conflict.

We also anticipate growth and high volumes of movement in the Middle East and particularly Saudi Arabia. Authorities in Saudi Arabia have introduced a tourist eVisa, which allows foreign nationals to take part in tourism-related activities such as events, family and relatives visits, or leisure activities. It is also anticipated that Saudi Arabia will introduce an eVisa for business travel. With Saudi Arabia being the sole bidder for the FIFA World Cup in 2034, we expect that this will create a significant increase in job opportunities for companies seeking to hire foreign talent.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case or company-specific assessments. 

The post Navigating New Horizons in Global Immigration: Emerging Trends 2024 appeared first on Newland Chase.

As an expat or foreign employee moving abroad, it’s important to get a handle on Brazilian society and Brazilian culture—including the language, social customs, and norms around business relationships and etiquette—before you leave home. Given its diversity, the Brazilian national identity can be complex to understand in a short amount of time, so a bit of preparation before you depart is key.

Read on to learn more about understanding Brazilian culture and social customs, including workplace etiquette and professional norms.

Understanding Brazilian culture and society

One of the largest, most ethnically diverse nations in the world, the Brazilian population numbers more than 200 million. Its citizens come from a mix of backgrounds, including people of European origin, African origin (including descendants from African slaves), Indigenous groups (formerly called Brazilian Indians), as well as Asian and multiracial backgrounds.

Brazilian history is full of various cultural influences, from Portuguese imperialism to the immigrant populations of the past few decades that have come from all over South America and the rest of the world. Though there are many different versions of what it means to be Brazilian, locals tend to be very proud of where they are from and of the unique cultural identity of their nation. As such, Brazilian art, Brazilian cuisine, and Brazilian music, such as bossa nova, factor heavily into everyday life.

The Brazilian people also tend to have a strong belief in collectivism and solidarity—the ability to get things done by working together—while simultaneously having relatively high distrust of government and official institutions. If you’re working in Brazil, you’re likely to come across these attitudes in your life or work.

Language in Brazil

The official language is Portuguese, owing to the country’s colonial period, but the particular dialect spoken by most people is Brazilian Portuguese. There are many other languages spoken by subsets of the population, including numerous Indigenous languages. But in a professional context, the Portuguese language is the one you’ll overwhelmingly encounter.

Geographical regions in Brazil

Two of the largest cities in this vast country, Rio de Janeiro and São Paulo, are found in Southeastern Brazil, and southern Brazil also has much of the country’s economic activity and commerce, so it’s likely you’ll spend time there if relocating for business.

The country’s political capital, Brasilia, is located in central-west Brazil, while the famous Amazonian rainforest is located in northern Brazil, which is home to many Indigenous groups and precious natural resources.

Business culture and workplace etiquette in Brazil

Brazilian business culture is generally quite friendly and genial. Fostering friendly relations and treating professional contacts as you might treat new friends is part of doing business. It’s commonly agreed that business dealings are slightly more formal in southern Brazil and more relaxed the further north you go.

Decisions within organizations tend to follow quite a hierarchical framework in Brazil, meaning that associates and people you’re doing business deals with will often need to get approval or feedback from their boss before making final decisions. This can sometimes mean that deals or final decisions take a while to come to fruition. However, showing impatience or urgency usually won’t help. Brazilians tend to value the appearance of staying in control of one’s emotions, so keeping a cool head is the best way to get what you want.

Women working in Brazil today may find that Brazilian culture still has a fair amount of machismo, or male-dominated ideals. Brazilian women do hold positions of authority in corporations, but they may have to prove themselves more, and may find they are treated differently than their male counterparts. This is one aspect of Brazilian society that can feel jarring to women who come to work from abroad.

Greetings in Brazil

When it comes to professional greetings, handshakes are customary, but kissing on both cheeks or even hugs are not unheard of for women, or for associates familiar with each other.

Meetings in Brazil

At the start of a business meeting, it’s common for associates to exchange business cards during professional introductions, so be sure to carry cards if you’re going to be meeting a lot of professional contacts.

While you should always aim to be on time for professional engagements, punctuality often isn’t as highly prized in Brazilian culture, so it would be considered normal for a colleague or associate to arrive 15 or so minutes after the arranged time. Meetings can feel rather unstructured or informal, and negotiations tend to occur over the course of a meal, such as lunch. But remember that final decisions often aren’t made until a boss or superior has signed off or approved.

If you’re going to a business meeting with a Brazilian counterpart, be sure to dress smartly, as most Brazilians tend to be quite fashion conscious and aware of appearances. Turning up in casual clothing could give the wrong impression, whereas putting effort into your appearances is seen as a sign of respect.

Social etiquette and customs in Brazil

Brazilians are evocative communicators and often convey a lot of emotion and enthusiasm when greeting and speaking with one another. While some cultures prize personal space, Brazilians tend to touch one another—back-slapping, for example, or touching another’s arm for emphasis—as a way of emphasizing their point.

Stay in the loop with Newland Chase 

An experienced immigration specialist can help you navigate the complexities of settling in and adjusting to a new culture. Contact Newland Chase for a quote today.  

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• Significant Investment in the South African Economy and Pledge: Company must have invested a minimum of 100 million Rand in capital expenditures in South Africa since 2018. Or a company must pledge to invest a minimum of 100 million Rand.
• Number of Employees: Company must have at least 100 employees in South Africa, and at least 60% of the workforce must be South African nationals or South African permanent residents.
• Sector Classification: Points are granted depending on the sector the company is registered. Companies in the renewable energy and energy infrastructure sectors will score higher points.
• Skills Transfer: Programs to develop and upskill the local workforce will attract a score of 20 points. Such programs can include a Skills Transfer Plans or a Graduate Development program.
• Employment Equity or Equity Equivalents: Points can be rewarded to Companies with a high B-BBEE (Broad-Based Black Economic Empowerment) score.

Deadline for applications is 20 November 2023. Applications are submitted to the Department of Home Affairs.

Immigration Insights

The introduction of the Trusted Employer Scheme is a welcome initiative. It is aimed to reward trusted companies a streamlined and efficient process to employ and mobilize foreign nationals into South Africa.

The window to submit registration applications to the Trusted Employer Scheme is limited. The potential success of this initiative will hopefully lead to an extension of the submission deadline or additional opportunities to submit applications. Newland Chase will continue to monitor the developments of the new Scheme and will provide further updates as they become available.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.

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The visa-waiver allows for travel for periods of up to 90 days within a calendar year, for purposes of business or tourism. The 90 days may be used in one block, or in incremental amounts until the 90-day total within a calendar year is reached. For stays beyond the 90-day limit, citizens of each country would then need to apply of a visa.

The two countries hope the agreement will boost tourism and will help to deepen economic cooperation between the two nations. It is also part of a growing trend of African nations moving towards free travel for citizens of the continent. Recently Kenya waived visa requirements for citizens of all other African nations.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.

The post GHANA – Visa Waiver Scheme with South Africa Launched appeared first on Newland Chase.

In the wake of all this growth, it’s worth taking stock of how the digital nomad has evolved, both as a concept and as a practice that’s increasingly allowed by firms. For both employees who want to be digital nomads and the companies who employ them, it’s important to stay on top of this dynamic and fast-changing trend—it’s not going anywhere anytime soon. 

How many digital nomads are there in 2023? 

Once a niche lifestyle that was typically limited to self-employed individuals without a boss or company they have to answer to, the digital nomad lifestyle has massively expanded with the growing acceptance of remote work. A report by MBO Partners estimated that 17 million Americans called themselves a digital nomad in 2022, with 10% planning to spend the entire year outside the US and 47% planning at least some international travel. That represents a massive growth of 131% compared to pre-2020 levels. 

Worldwide, the number of digital nomads is estimated to be about 35 million people. They have an average salary of about $120,000 per year, and predominantly work in fields like marketing, tech, communications, design, and e-commerce. 

Which countries give out digital nomad visas?

Perhaps unsurprisingly, countries have taken notice of the trend’s expansion. In recent years, many more desirable locations, such as Portugal, Spain, Estonia, and Greece, have formalized their visa options for digital nomads, inviting them to work and live for varying amounts of time. The list of non-European countries accommodating digital nomads include Indonesia, the Bahamas, South Africa, and many more.

All of these options allow remote workers to legally work and reside in their location of choice, rather than working illegally on a tourist visa and relying on “visa runs” to renew. However, there are typically minimum-income requirements to apply for this type of visa, which limits who can apply to a certain extent. 

While digital nomad visas may increase the bureaucracy and paperwork involved in the digital nomad lifestyle, they also offer the peace of mind and legal framework for employers to allow it. Overall, they have helped the trend grow and mature for the better. 

What are the challenges involved with employing a digital nomad? 

From immigration and tax to legal and privacy/IT, there are a number of concerns and complicating factors for companies who want to employ digital nomads. 

Tax implications and legal concerns

The first major issue is an employer simply being unaware that one of their workers is working in another country, instead assuming they are working “from home.” 

This kind of “don’t ask, don’t tell” policy is risky for both the nomad and their employer, as it can open up liability if the nomad does not have permission to be working in a given country. That’s why it’s best for corporate firms to craft HR policies that make it clear which countries their employees can and cannot work remotely from or have time limits on how long an employee can work out of the country. The last thing a company wants is to find they’ve inadvertently made themselves subject to tax and employment law in another country, simply by having an employee working from there. 

It’s vital that a digital nomad do the research and abide by all the tax requirements their digital nomad visa stipulates. Keep in mind that American digital nomads usually have tax obligations both at home and in the country they’re visiting. Digital nomad tax is complicated, and hiring a professional with knowledge is essential. 

Privacy and data liability

Another concern is opening up a company’s privacy and data liability by having an employee conducting company business on public or unsecured Wi-Fi networks. Employers should make it clear what they expect of nomads when it comes to digital hygiene and privacy protection. This can include measures such as using VPNs, encryption, and conducting any sensitive company business from a secure network, rather than a cafe, hotel, or airport. 

Why should HR cater to digital nomads? 

From a corporate employer’s point of view, it may seem like a lot of work to put the policies in place that enable your employees to work as digital nomads. But in reality, it’s a great way to attract and retain talent. 

By formalizing these policies and setting clear boundaries around what you will and won’t allow, you can attract the types of creative, dynamic, and talented individuals who will thrive at your company. Another bonus: Allowing it can also mean lower overhead and less office space to house your workforce. 

What is the digital nomad lifestyle like? 

It would be easy to assume that the digital nomad lifestyle is all cocktails on the beach with the odd Zoom meeting in between. But it’s important to be realistic about what the digital nomad lifestyle requires from both the employee and employer’s point of view. 

While working in cafes, co-working spaces, and, sure, sometimes the beach may sound ideal, the most common hassle that nomads report is weak or unreliable Wi-Fi connections. Employers should set expectations about what is reasonable. If a nomad is constantly offline because they’re struggling to find an adequate connection to attend meetings, that’s an issue that is affecting their performance and should be addressed. 

Time zones are another important thing to keep in mind. While the freedom to work from anywhere sounds ideal, it doesn’t mean your colleagues will be awake when you’re online. Some companies set a maximum time-difference allowance (say, within five hours of the HQ’s time zone) to ensure that employees aren’t on the clock at opposite hours of the day to their colleagues. 

Stay in the loop with Newland Chase

The digital nomad trend has come a long way from its early days of dodgy internet cafes and guest houses. When done properly, it’s a working arrangement that can be a win-win for both employers and employees. An experienced immigration specialist can help you navigate the complexities of border-crossing requirements.

This immigration update is for informational purposes only and is not a substitute for legal or scenario-specific advice. Furthermore, it is important to note that immigration announcements are subject to sudden and unexpected changes. Readers are encouraged to reach out to Newland Chase for any case- or company-specific assessments.

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