Foreigners should carefully choose the immigration practitioners they engage to apply for permits to live and work in South Africa, as the application process are shared between governments as records of the application process are shared between governments  on an individual’s travel or movement record.  Any immigration offence, such as overstaying after a permit has expired or being in possession of an illegal permit, may be registered worldwide and will count against an individual when further applying for South African permits or visas to other countries.

In South Africa, only an attorney, advocate or registered immigration practitioner who meets government criteria and is bound by its code of conduct may legally represent a foreigner in applying for permits at Home Affairs. But many fly-by-night operators provide permits illegally, at exorbitant prices, leaving unsuspecting people open to legal sanctions if caught with such documents.  These operators often prey on foreign communities that do not understand our languages well.

Before engaging a practitioner, it is important to establish that person’s credibility.  Ask for references from current clients and check the practitioner’s registration certificate. Many people who call themselves immigration practitioners or agents are third parties who act as intermediaries, approaching registered practitioners on behalf of applicants and adding a substantial mark-up to the practitioners’ fees. To prevent “double handling,” as this is called, my company, Global Migration, will not deal with any agent if we can’t speak directly to their clients.

Some agents act as runners, merely collecting documents from applicants and handing them in at Home Affairs. They may tell Home Affairs that they are representing clients, although legally they may not do so. When applications are rejected, usually because the documentation they have provided is incomplete or incorrect, these agents often ask applicants for more money to reapply.

The actual procedure is that Home Affairs needs 30 calendar days to process an application. If it intends rejecting the permit, it must give written notice to the applicant, and must provide a legal reason for the rejection. The applicant or practitioner then has 10 working days in which to answer officials’ queries or lodge an appeal.

There are no shortcuts to this process.  Foreigners applying for a change of permit or extension should do so well before their current permit expires to remain in South Africa legally. No Home Affairs official may ask for any money other than the application fee, and any permit obtained through favouritism, gifts or money is illegal.

In South Africa there is also no such thing as a provisional application. “Practitioners” will sometimes tell clients that they will submit a provisional application and later hand in any additional documents required. In fact, all required documentation must be attached to the application form: if incomplete, it will be rejected.

Agents, or even registered practitioners who are not experienced in the type of application being handled, often obtain the wrong work permit with serious implications, as some have limitations regarding renewal or application for permanent residence.

Applications for corporate permits, too, are often handled incorrectly. We’ve recently taken over the application process for three large companies whose previous practitioners kept them waiting for several months without achieving results. Once an application has been started, the process must be undone and the previous application withdrawn before a new one can be submitted. When foreign skills are urgently needed on engineering projects, for example, such delays can cost companies penalties of millions of rand per day. However, short-term permits to bring in project managers can be obtained.

In addition to checking a practitioner’s credentials and experience, prospective clients are advised to look at pricing and quality of service before engaging a practitioner, as these vary tremendously.