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Latest Immigration News- Easing travel between Kenya and South Africa

During the Minister of Home Affairs, Malusi Gigaba’s, visit to Kenya in May this year, plans were made to ease travel between South Africa and Kenya. The discussions were sparked when Kenya’s Amina Mohammed, Cabinet Secretary of Foreign Affairs and International Trade, stated that the applications for clearance to travel, which were to be submitted by Kenyans travelling to South Africa, was a “violation of bilateral the agreement between the countries”. In summary of the discussions the following revelations were made –

agreed that study visas will be issued for the duration of the candidate’s study;transit visas for Kenyans transiting through South African airports will be scrapped;and ten-year visas with multiple entries for business travellers and academics who are required to travel to South Africa frequently will be issued.

Permanent Residency for Graduates

In the past months the Department of Home Affairs indicated that graduates of South African universities will soon be able to apply for Permanent residency, providing that they have completed their studies in “critical skills areas”. This aims at putting the skills and knowledge that the graduates have obtained from South African universities to good use in South Africa, and opens the way for international students to work or start a business in South Africa after graduation.

Introduction of the Lesotho Special Permit
Earlier this year Gigaba introduced the Lesotho Special Permit (LSP). It was indicated that the introduction of the permit was largely influenced by the “success” of the Zimbabwean special permit project, and is aimed at regularising the status of Basotho nationals in South Africa. The scheme will ensure that Lesotho and South African Governments have the biometric data of the individuals in question available to them, and thus equates to free movement between the countries. Although exact figures are not known, Basotho authorities have previously indicated that there are in excess of 400,000 Basotho nationals residing in South Africa.
Applications extended to 30 September 2016.

For more information on Lesotho Special Permits, please contact www.workpermitsouthafrica.co.za

More information on our author:

Marisa Jacobs
Marisa is a Director of Xpatweb, and has a wealth of knowledge on Immigration, specialising in the application of temporary and permanent residence applications. She assists both large corporate companies and individuals enabling her to provide a high quality immigration service that is customized to organisation and individual needs and circumstances. She has extensive experience in expatriate management and induction sessions and streamlining administrative process. Her knowledge of SARS Tax Directive Applications, Department of Labour auditing process, Reserve Bank clearances, and foreign remittance practices enables her to provide an all-inclusive service around Immigration into South Africa.

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FINDING THE FINESSE IN EXPATRIATE MOBILITY

Dealing with expatriation is a multi-faceted and often difficult process. The key is to find the invisible line between business expansion into other markets for sustainable growth and managing those individuals who are willing to relocate to a foreign cultural, socio-economic and political environment.

The goal is to ensure that the expatriate yields a return on investment for the business, as sending individuals on assignment can be a costly exercise, for both company and employee. Market penetration and operational expansion are two key strategic imperatives for most multinational organisations, therefore, there are certain skill sets which will drive operations abroad: management and specialist skills.

As these skill sets are paramount to an organisation's success, ensuring that these individuals are successful, whether it be on a short term or a long term assignment, is critical for achieving operational targets and retaining key talent.

Expatriate selection and preparation
The selection and preparation process is a vital step in managing an effective expatriate workforce, and there are many and varied requirements that have to be considered.

Relocation is an intensive and stressful exercise for the employee and their family. When a company embarks on and expatriate assignment, a number of elements need to be taken into account, among these are visas, banking, insurance, medical cover, shipping, storage, schooling, housing, security and transport, to name only a few.

Additional considerations would be the emotional and psychological effects encountered by the employee and their family, whether the family is accompanying the expatriate on the assignment or staying behind, and therefore selecting the most suitable candidate is of critical importance. The reality often is that you may not always be involved in the selection process or there may only be one individual suitable, willing and available to fill the role and in these cases the preparation of this employee and their family is all the more important to ensure a successful assignment. Where assignments fail, it is at huge cost to the company and negatively impacts on the employee, and therefore the myriad requirements that are part and parcel to the planning stages should be done with methodical precision.

Expatriate Preparation
Judging which personality type is the correct one is critical and demands specialised evaluation. We see time and time again where companies identify employees to go on assignment, where they do not score well on in the pre-assignment evaluations. It is therefore important to take all eventualities into account. Marilize de Witt, a registered industrial psychologist, concurs and insists that the best candidates have to be avidly searched for, and may not always be the obvious candidates.

One of the main reasons for the failure of expatriate assignments is the spouse and family of the expatriate employee and their unhappiness. As much as 69% of assignments fail. All these items must be taken into account when entering into any expatriate programme and as far as possible an attempt to ensure these reasons are dealt with during the selection and preparation phases. This approach, where cognisance is taken of the realities will minimise assignment failure.

Visas

Marisa Jacobs, an immigration specialist with Xpatweb, says that interestingly, while the market is severely under pressure in these economic times, and many organisations are retrenching and looking for ways to cut costs, a number of organisations are capitalising and pinching top talent. In particular, the IT industry is showing signs of strength and are on the lookout for specialist skills, which continues to expand and thrive.

There are a number of practical problems which expatriate mobility executives are faced with in terms of the immigration and visa process, making it more difficult for the employer. One of these are the requirement of a Department of Labour certificate, which includes an audit conducted by the department before being able to apply for a work visa. We are seeing increasingly long turnaround times hereon and often a negative outcome issued even where the requirements are met and well-motivated. The Critical Skills Work Visa is favourable for skilled candidates and we recommend considering this category first and foremost.

The visa requirements are usually tackled during the planning phase of the expatriate life cycle as there are quite a number of steps to follow, these include identifying the correct category of visa for both the expatriate and their family, determining whether the applicant will have to apply in their home or host country, and then off course the process of collecting all the necessary documents from both the employee and the employer. This can be quite a lengthy process and the sooner it gets underway the better.

Expatriate remuneration
Expatriate remuneration is often a highly sensitive and contentious issue. It is therefore crucial that an objective and consistent methodology is used to adjust an expatriate's salary to the specific assignment which they have been selected for. The golden rule to expatriate salary adjustment and entitlement to benefits is simple, it must be fair for both the company and the employee and a consistent methodology must be applied, in other words what is good for one is good for the other. It is vital that the International Mobility policy is formulated around this principle, obviously taking into account market best practice, local laws and current business affordability.

Repatriation
Companies should be cautious not to solely focus on the assignment; the repatriation process at the end of the expatriate's term should not be neglected. This process however can be just as stressful as the initial expatriation phase, and also needs monitoring and assessment. Many repatriated assignees believe that their term of office in a foreign country had a negative impact on their career.

In conclusion, the most consistent approach to international assignments encompasses the definitive and disciplined methods of leaving absolutely nothing to chance, and no assumptions should be made in the planning or execution phases. Companies have to ensure that the expatriate provides a good return on investment and an important part of this is ensuring the expatriate is productive as soon as possible after arrival in the host country.

A mobility programme that is all-encompassing is much more than simply moving employees from one country to another.

Information about contributors:

  • Paul Marais is a certified Global Remuneration Professional with the World@Work Society and a member of SARA. Paul has been working in the reward space for close to ten years on various remuneration projects across industry and Africa.
  • Marilize De Witt is a registered Industrial Psychologist at Africorp Solutions and Advisory who specialises in placements, selection assessments, employee development assessments and team cohesion workshops.
  • Marisa Jacobs has a wealth of knowledge on Immigration, specialising in the application of temporary and permanent residence applications. She assists both large corporate companies and individuals enabling her to provide a high quality immigration service that is customized to organisation and individual needs and circumstances.

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The Thinker and the Feeler

Understanding how your employees, team and project members think is one of the key success drivers of managing resources and creating a strong team that work efficiently together to achieve strategic objectives. It takes more than dolling out a couple of high-fives at a team building event to produce a well-oiled team. Clashing opinions and egos can spark off internal politics, create despondence and lower morale. Understanding how someone approaches their day-to-day tasks, communicates with others and deals with pressure and conflict is key to a managing an effective team, especially on executive level.

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Are you an introvert or an extrovert?

Ask anyone what they understand by 'extroverts' and 'introverts' and you'll probably get responses like "a person who talks a lot" or "someone who is shy". Right? Wrong. The common misconceptions people who're extroverts or introverts can be attributed to the false picture society paints about these terms. We're led to believe that an introverted person is a regular mouse-type who hides in dark corners and only comes out when necessary. We're inclined to think that extroverts are 'overbearing' and 'insensitive' steam trains that run over anyone or anything that stands in their way. This is simply not true!

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The truth about ticks...

What are psychometric assessments? Why do we use these and who uses these?

All over the world, when you apply for a job you can now expect to be asked to complete some sort of personality assessment by ticking a few boxes on a piece of paper. More and more companies have started using methods like personality assessments, ability tests and the good old IQ test to help them decide on the best candidate for the job. But are these tests valid? Do they really measure what they say they do and how well? How can these tests benefit you as a job-seeker? And how can the recruiting company benefit from psychometric assessments in the long run?

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The Importance of Employment Equity and its Implementation

In discussions around Employment Equity, Affirmative Action is usually the first thing that springs to mind. However, the truth is that Affirmative Action is only a small piece of the Employment Equity puzzle. 

Merusha Singh, recently appointed Skills Development Facilitator at Progression, unpacks the purpose of South Africa's Employment Equity legislation as well as the various elements involved in its implementation. In this article she highlights the role of the Employment Equity Committee, the value that it adds to the implementation of the EE Act within the organisation as well as some of the challenges that it faces.

To set the tone, I think it is important to take a brief look at the key drivers behind the introduction of Employment Equity into our country's legislation. Prior to South Africa becoming a democratic state, laws dating back to the colonial and apartheid times excluded black people from fully participating in the South African education system and labour market. To bring this to an end, the Constitution was put in place, giving everyone the right to equality. However, government was aware that a shift to equality would not take place immediately and therefore made provision for legislation that would assist in achieving complete equality. The Employment Equity Act is a direct result of this realisation.
What is Employment Equity?

The purpose of the Employment Equity Act, as laid out in the Act itself, is to "achieve equity in the workplace, by a) promoting equal opportunity and fair treatment in employment through the elimination of unfair discrimination; and b) implementing affirmative action measures to redress the disadvantages in employment experienced by designated groups, to ensure their equitable representation in all occupational categories and levels in the workforce."

In other words, the aim of the Act is to regulate how people within an organisation are managed in terms of their skills, roles and remuneration in a fair and non-discriminatory manner. Furthermore, an organisation's processes around recruitment and advancement within the business also need to be managed with the Act in mind. This raises a critical issue for businesses in that, while endeavouring to meet their strategic objectives, they are also driven by an element of compliance. In my experience it is therefore critical for organisations to align their compliance requirements with the overall business strategy and objectives.

Successfully Implementing Employment Equity
In unpacking and understanding Employment Equity and its implementation, we are able to identify how it creates value at a strategic level. In fact, if we consider Employment Equity as a considerable driver of the human capital within our business, going beyond compliance becomes a necessity.
Let us take a look at some of the six steps taken when implementing Employment Equity throughout any organisation, as well as some important considerations.

Before embarking on any compliance drive within an organisation, education is key. As with Employment Equity, ensuring that all employees are aware of what you are trying to achieve is vital. Creating awareness can be managed through the likes of a multi touch point communications strategy which speaks to all areas of your business. This, done over time, will create awareness about the strategic objectives of Employment Equity within your business, allowing barriers to be addressed and ensuring buy-in from your employees.

The selection of an Employment Equity Committee is a critical step towards implementing the Act. The main role of this committee is to ensure that the organisation is meeting their Employment Equity requirements by drafting the organisation's EE plan and ensuring its effective implementation. It is the EE Committee's responsibility to ensure that both the plan and implementation are aligned with the strategic objectives of the business.

When selecting members for your organisation's EE committee, it is important to ensure that there is equal representation amongst committee members, including race, gender, disability, skill level and position within the organisation. Your Committee will be engaging with the business so it is important to ensure that everyone within the company can be reached on a level that they are comfortable with. Time is another critical factor when nominating Committee members; members' responsibilities will become an additional role on top of their existing job function. Nominated members will need to feel comfortable with allocating at least 2 hours a week to their role as an EE Committee member.

Once the Committee has been established, the next step is to engage with employees. The purpose of this engagement is to establish the growth plans of the organisation's staff. Questions like "How do you think we can improve productivity within your department?", "What skills do you think you need to improve on?", "What do you think is your perfect growth path within the organisation?" or "Do you see any barriers within the organisation restricting growth, equal and fair demographics?" typically not only establish a two-way communication between an organisation and its employees, but may give an indication of the direction in which the organisation's EE plan will grow.

This engagement also offers a platform to understand and explore some negative perceptions that may exist around EE within the organisation, which can further assist in developing the awareness campaign mentioned earlier. It is commonplace for the EE Committee to face barriers to implementation within the organisation. These barriers could include stereotypes or prejudices linked to race, disability and gender in relation to the positions, roles or levels that are fulfilled. Understanding employees' attitudes and perceptions can assist the EE committee in addressing the barriers early, rather than letting them intensify and potentially leading to a toxic working environment.

Maxi-Lee Machado, Chief Empowerment Advisor at ET Consult, a transformation and empowerment driven firm which assists companies in meeting their compliance needs, believes that effective implementation of Employment Equity helps the company truly transform from the ground up.

Transformation is a constitutional, business and social imperative. It is therefore critical for the sustainability of society and the business environment. Implementing transformation and Employment Equity in a strategic and sustainable manner will always give rise to greater opportunities and benefits for both the organisation and society," states Maxi-Lee.

The next step in the process is the development of the plan. In my experience, there are two key elements which need to be considered.

Firstly, do not allow your staff growth to exceed your business growth. Many organisations rush to fulfil their (quota) requirements by hiring extra staff simply to 'fit the bill'. If your business growth cannot justify the additional staff, don't chase the numbers. Following on from this, use your EE plan to develop your existing staff. For example, where you need a qualified senior manager, find someone at a junior level that you can upskill and mentor to fulfil the role later on. This in turn will allow a junior position to become vacant which may offer an opportunity for a first time entrant into the workplace and so in essence, job creation ensues.

When promoting people within the company, remain mindful of employees' skills and experience; ultimately these are the key factors which determine positions within the business. Also keep in mind the issue of remuneration. Promotion to a position with a fancy title holds no weighting if that individual's remuneration does not align with his/her colleagues on a similar level. If it does not, there needs to a plan in place that indicates how the company intends to ensure that the individual will be compensated over time.

In looking at the steps involved in implementation, it should become clear that Employment Equity is more involved than simply having your employees complete and submit an EEA1 form and managing an annual report submission. As with any legislation, embracing the spirit of the legislation is key to ensuring successful implementation that makes business sense. Ticking the boxes should then follow naturally.


Progression offers a wide range of Human Resource Development and Transformation solutions. Since its establishment in 2002, Progression has worked closely with both private and public sector companies in all areas of Diversity, Skills Development and Disability. It has helped shape and sustain business models that are not only aligned to best practice but have a positive impact on an organisation’s triple bottom line.

Having pioneered one of the most ground-breaking disability equity solutions in South Africa today, Progression now focuses on offering a wide range of products backed by a professional consulting service that afford organisations the opportunity to maximise on their human capital and in the process transform their workplace.


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