TOWARDS A NEW WHITE PAPER ON INTERNATIONAL MIGRATION AUGUST 2016
Contents of the Presentation 1. Purpose 2. Background 3. Rationale for a new White Paper 4. Proposed vision and principles 5. Policy and strategic proposals 6. Capacity for managing International Migration 7. Way forward 2
PURPOSE The purpose of this presentation is to: 1) Provide an update on the progress made by the Department of Home Affairs (DHA) towards the development of a new White Paper on international migration; 2) Invite comments on the content of the Green Paper on International Migration 3
BACKGROUND The current policy on international migration (IM) is set out in the 1999 White Paper on IM. It is implemented through the Immigration Act No. 13 of 2002 and partly through the Refugees Act No. 130 of 1998. Although there have been significant economic, social, legislative and regulatory changes, there has not been a comprehensive review of policy. Essentially, the country’s formal IM policy has remained in place since 1999 despite significant changes in the country, region and world. 4
BACKGROUND In recent past, the DHA amended the Immigration and Refugees Acts and implemented regulations and strategies to address glaring gaps in legislation. What is required, however, is a comprehensive review of the policy framework that can inform systematic reform of the legislation. It is against this background that the DHA has undertaken a comprehensive review of the current IM policy. The Minister of Home Affairs, Honourable MKN Gigaba, has identified the development of a new IM policy as one of his top priorities during his term of office. 5
RATIONALE FOR A NEW WHITE PAPER In the 2015-16 financial year, the DHA developed a Green Paper on IM which was approved by the Minister on 29 March 2016. The Paper will be used as a basis for drafting the White Paper on IM. The Green Paper contends that the IM policy is not holistic in that significant policy gaps exist in areas such as management of emigration, SADC labour flows, integration of international migrants and protection of asylum seekers and refugees. The Green Paper contends that the current policy on IM is based on an approach that is largely static and is limited to compliance rather than to managing IM strategically to achieve national goals. 6
CURRENT PARADIGM PROPOSED PARADIGM: IM is regarded as a routine administrative IM generally beneficial if managed function – tick-box approach. efficiently and strategically. Lack of a risk-based, proactive approach Approach must be risk-based, balanced to IM. against benefits. Capacity (common vision and systems) A capable state must have a system to constraints to manage IM and DHA is manage IM effectively (the whole of the regarded as the sole department state and society approach). responsible for IM. The IM policy is not contextualised – e.g. The IM policy must respond to the no policy on SADC migration African development agenda. IM is not regarded as contributing to IM is part of nation building nation building. 7
PROPOSED VISION AND PRINCIPLES Vision South Africans must embrace international migration for development while guarding sovereignty, peace and security. Key principles SA has a sovereign right to manage IM in its national interest which includes: National priorities such as national security and development; The Constitutional and international commitments; and Promotion of human rights, peace and stability in the world. SA’s IM policy must be responsive to the Africa development agenda. SA’s IM policy must contribute to nation-building and social cohesion. SA’s IM policy must support emigration for development purposes. A whole of state and society management approach is the bedrock for the new IM policy. 8
Management of Admissions and Departures Problem statement : The cross-border movement of persons, goods and conveyances is not managed in a secure and strategic manner. Policy objective : to entrench a strategic, modern, integrated and risk- based approach in managing a secure and efficient movement of people, goods and conveyances. Key proposed and/or ongoing interventions : Relaxation of visa requirements for certain nationals and categories of international migrants Externalisation of borders through APP and ALO Establishment of the BMA Rationalization and designation of POE Establishment of One-Stop Border Post Regulation of Community Border Crossings Regulation of Off-port limit movements in the maritime POE Adoption of a risk-based deportation strategy 9
DATA ON MOVEMENT OF PEOPLE - MCS 10
DEPORTATION STATISTICS (2014/15 financial year) Caveat: figures represent persons detected and deported – could be larger figures Total deported: 2014-15: 54 169 persons. Mozambique, Zimbabwe and Lesotho nationals made up 82% of all deportations during the 2014/15 financial year. 11
Management of residency and naturalisation Problem statement : The current policy enables holders of certain TRVs to automatically graduate to PR and later to citizenship on the grounds of years spent in the country. The approach is mechanical and does not allow the granting of residency or naturalisation to be used strategically. Policy objective : The process of granting residence and citizenship status should allow strategic and security considerations and the national priorities of SA to be taken into account. Key proposed and/or ongoing interventions : Removal of general automatic progression to PR or citizenship. Reserve PR and citizenship to attract high valued migrants. General work visa holders, refugees and athletes should not be granted PR and citizenship on the basis of years spent in the country. A marriage security clearance must be issued by DHA prior to 12 solemnization of marriages involving foreign nationals.
Current Visa and Permit Regime Functional Services 1. Temporary Residence Waivers 2. Permanent Residence Types of Visa Exemptions 1. Visitors 2. Crew Categories of PR 3. Study 1. General Work Visa, 5 yrs & permanent 4. Treaty employment 5. Business 2. Spouse & 5yrs 6. Medical 3. 1 st step of kinship (parent 7. Work VISA AND & child of SAC or PR (General, PERMIT 4. Permanent employment corporate, intra- REGIME 5. Skills or Qualification company, 6. Business Visa critical skills visa) 7. Refugee Status & 5 yrs 8. Retired 8. Retirement Visa 9. Exchange 9. Financially Independent 10. Relative 11. Corporate 12. Transit Refugees Act 1. Temporary Residence Visa 2. Permanent Residence Permit 13
Management of migrants with skills & capital Problem statement : The current policy limits the country’s ability to compete internationally for skills and investment. Policy objective : Attraction and retention of high-valued migrants; including the fast-tracking of the granting of PR and naturalisation. Key proposed and/or ongoing interventions : Introduction of a points-based critical skills list. Reserve PR and citizenship to attract high valued migrants (investors and skilled migrants). Granting of a critical skills and business visa must include family members. International students who graduate within the critical skills occupations should be granted PR. A differentiated skills transfer mechanism is recommended 14
DATA ON TEMPORARY VISAS (1 June 2014 - 14 Jan 2016) 15
DATA ON PERMANENT RESIDENCE PERMITS (1 June 2014 - 14 Jan 2016) Permanent Residence Category Total applications % 26(b)Spouse 9975 33% 26(a)Worker 5799 19% 26(c)Dependent(<21) 5271 18% 27(g)Relative 2298 8% 27(b)Extra Ordinary Skills 2175 7% 27(d)Refugee 1115 4% 27(e)Retired 953 3% 27(C)Business 875 3% 26(d)Dependent(>21) 621 2% 27(a)Worker 520 2% 27(f)Financially Independent 249 1% 26(c)Dependent(<18) 156 1% 26(d)Dependent(>18) 91 0% Grand Total 30098 100% PR Applications on the basis of being a spouse represent one third of all PR applications received 16
Management of ties with SA expatriates Problem statement : The current policy does not enable SA to proactively manage and harness emigration for development. Policy objective : establishment of an institutional capacity within the state to proactively manage and harness emigration for development . Key proposed and/or ongoing interventions : State support for citizens who intend to emigrate for study, work and investment purposes. Incentive schemes to motivate SA expatriates to contribute (skills and investment) in the country. Registration of South Africans living abroad Establishment of diaspora ambassadorial and knowledge networks Reintegration programmes for expatriates wishing to return Establishment of an institutional mechanism for managing emegration 17
Recommend
More recommend
