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Global Migration

Misinformation can hinder companies from filling scarce skills gaps

Wed, 29 Apr 2009 14:22

By Leon Isaacson, MD of Global Migration

Being misinformed about the procedures relating to work permit applications can result in valuable opportunities being lost both to companies struggling to fill scarce skills shortages and to foreign workers who want to settle in South Africa, as a recent case handled by my company, Global Migration SA, demonstrates.

Following XYZ Steel Manufacturing’s extensive search for a production engineer to do some project work at the Cape Town factory, John Schmidt*, the procurement manager, thought he had found a possible solution when Joe Moyo’s* CV and proposal landed on his desk.

In response to advertisements that had been run in the local newspapers and on the company’s website, Moyo, a Zimbabwean national who had just finished his Masters degree in production planning, had applied for the position.

He had also submitted an alternative proposal to provide an outsourced production planning service through a business that he was considering setting up.

When Schmidt discussed Moyo’s application with Jenny Fortuin*, the company’s HR Manager, however, she was sceptical about employing a foreigner. She had recently tried to help another foreigner to obtain the necessary work permits, and had given up because of conflicting information received from the Department of Home Affairs and inordinate delays after the application had been lodged.

Moyo stated on his CV that he had come to South Africa on a study permit four years earlier to do his M.Sc at the University of Cape Town, and had subsequently obtained his degree with distinction.

He had gained six years of work experience since graduating with a B.Sc and registering as an engineer, and therefore also had practical experience to bring to the position.

On phoning Home Affairs to enquire about applying for a work or business permit, he was told that he would have to return to his own country once his study permit had expired and apply for a South African work permit from there.

Unhappy at the prospect of leaving his wife - a South African national whom he had met and married while studying in this country - and going back to Zimbabwe, he sought advice on the matter. After assessment and research, Global Migration advised him that:

* The correct position is that a foreigner is allowed to apply for any other permit while in South Africa on a valid permit.

* According to South African law and some decided cases that have set legal precedents, the fact that Moyo has a South African life partner confers the right and responsibility on him to support his family, and to be permitted the right to work and conduct business to fulfill these obligations.

The courts have held that the rights and responsibilities of a person in such a situation must be recognised and, provided that the person submits a complete application for an appropriate permit, he must be permitted to work or conduct business in South Africa, after a 30-day decision-making period by Home Affairs.

Home Affairs’ documentary requirements were reduced in Moyo’s case. XYZ Steel Manufacturing was advised that it would not have to advertise the position again, but would be required to make a formal written offer of employment to Moyo. As an engineer, Moyo would also have to register with the Engineering Council when required to do so.

When XYZ Steel Manufacturing was informed of Home Affairs’ requirements and realised that the process of employing Moyo would be easier than had been anticipated, the company decided to offer him the position as a Production Planning Manager, on condition that he could produce the correct work permit on commencing work at the company.

*Names have been changed to protect identities.

Leon Isaacson is the MD of Global Migration, a national immigration company that advises corporate and individual clients about immigration options and opportunities in South Africa.

For more information, phone 021 419 0934 or visit Global Migration.