Immigration to South Africa

In 2019, there were 4.2 million international migrants in South Africa (this figure is unconfirmed and probably exxagerated https://africasacountry.com/2018/10/how-many-immigrants-live-in-south-africa). This constitutes about 7.2% of the entire population, and out of this group around 2 million are women. The total net migration rate is increasing by 2.5 percent.[2] The rate of female immigration has been expanding since post-colonialism. The most present age groups among both male and female migrants range from 25-34 and 35-44.[3] There were approximately 370 thousand refugees in South Africa in 2019, the majority of which originate from neighboring Sub-Saharan African countries.[2]

Migrants residing in South Africa pay over $1 billion (USD) in remittances, accounting for 0.2% of the nation's total economy (measured by GDP).[2] The highest levels of remittances received from South Africa are respectively in Mozambique, Lesotho, Eswatini (also known: Swaziland), Botswana, and Malawi. Immigrants tend to be more highly skilled than non-foreign populations.[3] However, it is common for a highly-skilled worker to be limited to lowly-skilled work upon immigrating to South Africa.[4] The most common sectors immigrants work in are casual work, restaurant, manufacturing, and construction. Around 10 percent of this group is unemployed, which is significantly lower than the average unemployment rate of South Africans.[3]

The 2014 HSBC Expat Experience Report[5] ranked South Africa 14th in their league table based on expat experiences.

Black Africans compose about 79.6% (2007 est.) of the population and represent different ethnic groups, including Zulu, Xhosa, Ndebele, Tsonga, Venda, Pedi, Sotho, Tswana and Swazi, as well as recent immigrants from other parts of Africa (particularly Zimbabwe, Nigeria and Democratic Republic of Congo). Whites compose 9.1% (2007 est), being the descendants of Dutch, French, British, Irish, and German settlers who began arriving at the Cape from the mid- to late 17th century, immigrants from Europe who arrived in South Africa in the twentieth century, and Portuguese who left the former Portuguese colonies of southern Africa (Angola and Mozambique) after their independence in the mid-1970s. Coloureds (8.8%, 2007 est) are mixed-race people primarily descended from the earliest settlers, their slaves, and the indigenous peoples. The remaining 2.4% are categorized as 'Indian/Asian', including the descendants of Indian indentured sugar estate workers and traders who came to South Africa in the mid-19th (particularly around Natal), as well as a few Chinese South Africans (approximately 250,000 - 350,000[6]).[7]

Immigration assumptions by Statistics South Africa to South Africa based on race. Negative numbers represent net migration from South Africa to other countries.[8]

The origins of immigrants in South Africa include many countries belonging to the African continent, and include: Angola, Botswana, Democratic Republic of Congo, Kenya, Malawi, Mozambique, Namibia, Nigeria, Somalia, Sudan, Tanzania, Zambia, and Zimbabwe.[4] Most immigrants originate from the countries of Eswatini, Mozambique, Botswana and Lesotho. A spike in the number of immigrants in the mid-1980s can be attributed to a high demand for mine labor. In the 1990s, the Renamo War in Mozambique produced an influx of migration into South Africa, and in modern times this group is often considered with refugee status. Many work permit holders come from Kenya, Nigeria and Zimbabwe. A high number of asylum-seekers are from Somalia.[3]

Source: United Nations (2017)[9]
Place of birth	Population
Total foreign-born	4,036,696
Zimbabwe	649,385
China	450,385
Mozambique	381,386
Lesotho	312,537
Namibia	174,043
United Kingdom	123,764
Malawi	102,327
Germany	93,660
Zambia	92,075
Eswatini	87,362
Botswana	69,160
Angola	65,716
DR Congo	50,340
Portugal	44,925
India	39,907
Italy	38,515
Netherlands	33,217
Congo	32,497
Somalia	30,847
Nigeria	27,326
Kenya	27,143
Ireland	19,989
United States	16,713
Pakistan	16,517
Poland	16,276
Tanzania	15,823
Greece	14,912
Mauritius	14,043
Belgium	13,128
France	12,506
Cape Verde	11,991
Australia	11,898
Ghana	11,013
Burundi	10,822

The Aliens Control Act of 1991 (ACA) is one of the last policies implemented by the apartheid regime of South Africa. It served to determine the flow of immigration into South Africa, transitioning from exclusive to selective immigration in times of high labor demands, and to induce stricter enforcement of immigration law. The policy has been critiqued internationally as a source of mass human rights violations and unconstitutionality, including minimal due process in entry, search, and arrest. The Act characterizes and considers all migrants, including refugees and asylum-seekers, as "illegal aliens."[10]

The apartheid's general stance on immigration policy can be suggested through four major actions on programming: racist policy and legislation, exploitation of migrant labor from bordering countries, strict enforcement of legislation, and dismissal of refugee conventions of the United Nations (UN). Legislation continuously used religious or racial quotas to determine inflow and isolate certain groups from immigrating. Preferred immigrants were white Europeans or highly skilled workers. The apartheid followed a "two-gates policy" to restrict permanent residency and issue labor contracts that would ensure the eventual return migration of mining and commercial farming workers. Stricter enforcement targeted refugees from Mozambique, and "Operation Sentry" effectively deported about 47,000 of this group in 1991. Further legislation upgraded a penalty for harboring undocumented migrants to five years imprisonment, and law enforcement carried out several raids on informal settlements of migrants from Mozambique. Backed by the ACA, the apartheid government rejected language of policies introduced at international refugee conventions, essentially viewing asylum-seekers as migrants having illegally entered and settled in South Africa.[10]

The post-apartheid regime introduced a new framework on immigration through programs such as the Reconstruction and Development Plan; Growth, Employment, Redistribution; the 1996 Presidential Commission to Investigate Labour Market Policy. While these policies dismantled the racist legislation of the previous government, the newly empowered government has been criticized for not removing the ACA and condemning the associated xenophobia which has trickled into contemporary public opinion. Since 1994, the following regimes have in fact used the ACA to implement strict immigration measures.[10] However, in general, immigration policy was reduced in restrictiveness by 60.4% between 1994-2014.[2] The post-apartheid government did approve a one-time reparation for victims of previous immigration laws deemed racist. It also implemented three amnesty policies between 1995-96, benefiting mine-workers, migrants with over five years of uninterrupted residency in South Africa, and Mozambican refugees who arrived before 1992. The regime adopted an acceptance towards the UN Refugee Conventions and made South Africa a signatory in 1995. The government passed the Refugee Act of 1998, which lacked specific language to determine the status of refugee, reflecting some public disapproval which has considered refugees as falsely-posing economic migrants.[10] As of 2015, the government's stance on immigration policy has been to maintain existing levels and rates, however, during the previous ten years it aimed to reduce the numbers of immigrants present and moving into South Africa. [2]

The post-apartheid government miss-quoted the number of undocumented immigrants at 9 million; the actual number was closer to 500,000. They also increased deportations by 75%, deporting 600 thousand between 1994-2000, and 84% of this group arrived as refugees. Deportations were used as indicators of crime reduction in mass media to portray law enforcement as effective in crime-fighting.[11] This reinforced a common assumption that lasted through later years and was upheld by the comments of public officials such as Nelson Mandela, which associates immigrants with criminality. However, immigrants in South Africa are more often victims of crime than perpetrators. Ministers and other officials have been cited blaming undocumented immigrants for lack of resources in addition to crime.[12]

Common stereotypes placed on immigrants in South Africa can be associated with the sense of job, wage, and resource competition South Africans relate to immigration. There has been some evidence that the presence of undocumented immigrants does lesson the work opportunities of South Africa-born residents, due to this group being willing or forced to work for much lower wages. High unemployment has also been assumed to be driven from exhaustion of jobs by immigrants, although there is limited evidence to support this. "Otherness" is an indicator of xenophobia in South Africa, and some researchers believe that the racial otherness perpetrated by the apartheid was replaced by otherness of foreigners. Cultural stereotyping has increased with higher levels of immigration since the early 2000s and greater exposure to immigrants deriving from a wider scope of countries of origin. Confusion over political and civic rights has also been associated with the presence of xenophobia in South Africa. [12]

Foreign immigrants coming to South Africa can choose between a variety of visas and permits depending on their reason for visiting South Africa, as well as the time they would like to spend in South Africa. Immigrants can choose between temporary residence visas and permanent residence permits. In many cases however the person concerned would have to apply and be holding a temporary residence visa for a number of years, before applying for a permanent residence permit.

Work permit options include the general work permit, the special or exceptional skills permit and the quota work permit. Companies wishing to employ a large number of foreign employees can apply for a corporate work permit for South Africa. Cape Town's growing business process outsourcing industry[13] regularly makes use of this work permit option in order to legally employ foreign nationals for customer service positions.

Investors and entrepreneurs opening a business in South Africa or buying into an existing business can apply for a business permit, also known as a company permit. Partners or spouses of South Africans or permanent residency holders are often encouraged to apply for a life partnership or spouse permit. Business, work or study endorsements can be added to this permit.

For foreigners wishing to retire in South Africa, a retirement or financially independent permit can be issued.

Study permits can be issued to foreigners of any age wishing to study at one of South Africa's accredited learning institutions. International students are able to work part-time for a period not exceeding 20 hours per week.[14]

When entering South Africa for the first time foreign passports are stamped with a visitor permit, valid for 90 days.

As of mid-2010, the South African Department of Home Affairs has removed the ability for people to lodge immigration applications locally and regionally, and these are now all sent to what has been nicknamed "The Hub" by immigration practitioners and consultancies. This is an effort to curb the corruption and bribery which was rife in the local Home Affairs offices, and has to some extent succeeded in doing so.[15]

Refugees at de deur camp in South Africa following mass displacement from 2008 attacks.

In 2008, a series of riots and violent attacks against foreigners of varying origin resulted in the deaths of more than 60 people, and the displacement of over 100,000 immigrants. Many of the homeless were re-sheltered in tent settlements similar to those reserved for refugees fleeing war. Leading up to and following the violence there had been a history of locals mugging, robbing, and beating immigrants, and a deep-rooted movement of anti-immigrant sentiment that can be traced back to the apartheid.[12]

The violence spread to other townships later that week across the Gauteng Province of South Africa with riots reported in several settlements including Diepsloot, Johannesburg central, Jeppestown, Hillbrow and others.[16] A man was burnt to death near Reiger Park on the East Rand.[17] Police had arrested more than 200 people on charges including murder, attempted murder, rape, public violence and robbery.[16] Armed police used tear gas and rubber bullets to quell rioting in central Johannesburg, attacks on foreigners and looting of foreign owned shops. The violence then spread to the coastal city of Durban[18]

Several public demonstrations emerged following the 2008 attacks in protest of xenophobia in South Africa, with slogans such as "Shame On Us," "Join the Fight Against Xenophobia," and "Don't Touch My Sista."[19]

In 2015, there was another wave of violence against foreigners in Johannesburg and other places, which caused panic and despair in neighbouring Zimbabwe.[20]

On 23-27 March 2019 groups armed with machetes broke into the homes of migrants in Durban. At least six people were killed, several were wounded and their homes were looted. At least 300 Malawi migrants were forced to leave the country. In separate attacks, foreign truck drivers were forced out of their vehicles and were attacked with knives. On 2 April 2019, another group of migrants in Durban was attacked and forced to flee their homes. The escalating violence added tension to the upcoming 2019 South African general election.[21]

There have been several incidents of police brutality and high arrest rates targeting foreign-born residents.[12]

Among the victims of trafficking which occurred in South Africa between 2002-2017, 70.4% were women and 13.2% were children.[2]

Draft Regulations were published in the Government Gazette of South Africa on 14 February 2014 for public comment. The closing date for public comment was 28 February 2014 but this was extended to 7 March 2014 to allow further submissions.

• The Act now requires that every child must possess his or her own passport.
• Study visa will be issued for the duration of the study or course.
• No business visa may be issued or renewed to a foreigner who intends to establish or invest in a business that is listed as undesirable business undertaking.
• A person issued with a business visa must employ or prove that 60% of the total staff complement is South African citizens or permanent residents.
• Quota work permit and exceptional skills work permits have been repealed. A critical skills work visa has been introduced into the Act.
• An intra-company transfer work visa will be issued for a period of four years.
• A corporate visa will be issued to South African corporate applicants to employ a number of foreigners for a period not exceeding three years, after showing the need for employment of such foreigners.
• An exchange visa (for persons under 25 years) will not be granted to conduct work pertaining to an undesirable work as published by the Minister in the Gazette, after consultation with the Minister of Trade and Industry.
• An asylum transit visa issued at a port of entry will be valid for a period of 5 days to enable the holder to report at a nearest Refugee Reception Office.
• Cross-border and transit permits have been repealed.
• Persons who overstay for a prescribed number of times will be declared as undesirable - fines will no longer be charged for overstaying.
• Section 46, which dealt with Immigration Practitioners, has been repealed as applicants will now be required to apply in person at the Mission in the country of origin or where they permanently reside.[22]
• Couples now have to prove that they have been in a relationship for 2 years[23][24]

On 28 July 2017 the South African Government has released its anticipated White Paper on Immigration that provides a policy framework for comprehensive review and overhaul of South Africa’s immigration system and the introduction of significant changes over the next two years.[25]

• Illegal immigration in South Africa
• Immigration to African countries[26]
• Immigration to Ghana

http://www.news24.com/SouthAfrica/News/New-immigration-rules-What-rights-do-foreign-spouses-have-20140618 New amendments to the Home Affairs Act https://web.archive.org/web/20150130122843/http://lagostojozi.co.za/forum/index.php/topic,16.0.html