Abstract
Migration is currently the cause of much concern and panic, and a subject of research interest both globally and in South Africa. Extensive research has been done to try to understand the experience of migration from the migrants’ perspective, as well as the experiences of the sending and receiving communities and states. However, in South Africa in particular, limited research has been done on the immigration industry, which has developed in response to this phenomenon. South Africa has recently undergone changes in its immigration regulations, witnessed a fragmenting migrant labour regime and seen the restructuring of its civil service. This has led to changes in the ways in which South Africa manages immigration, and consequently changes for immigrants and immigration intermediaries—individuals who work within the immigration industry and, for a fee, help immigrants with various parts of the immigration process. Based on original qualitative research with immigration intermediaries, this chapter reconsiders the concept of immigration industry with respect to fragmentation, changing political priorities and xenophobia. While South Africa has tried to emulate countries like Canada and Germany in the (re)formulation of its immigration policy, the state has failed to imitate the increasing regulation of the immigration industry that is seen in these same contexts. Against the backdrop of these changes, the industry itself is struggling to make sense of its role while the need for its services increases in the changing and increasingly complex bureaucracy which immigrants face in South Africa. This chapter addresses the gap in the literature around immigration industries and the role that they play, particularly in the absence of oversight or regulation. If states are serious about managing or regulating immigration, and if, as researchers, we are serious about understanding the constraints and opportunities which immigrants face in their migratory journeys, an improved understanding of the role that these industries play is vital.
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Notes
- 1.
46. (1) No one, other than an attorney, advocate, or immigration practitioner, may conduct the trade of representing another person in the proceedings or procedures flowing from this Act.
(2) In order to be registered on a roll of immigration practitioners to be maintained by the Department, an immigration practitioner shall apply in the prescribed manner, producing evidence of the prescribed qualifications and paying any prescribed registration fee.
(3) After affording him or her a fair opportunity to be heard, the Department may withdraw the registration of an immigration practitioner who has contravened this Act or any prescribed duty (Immigration Act, 13 of 2002).
- 2.
‘Section 21 of the Companies Act 61 of 1973 allows for a “not-for-profit company” or “association incorporated not for gain”.’ (‘Legal Structures commonly used by Non-Profit Organisations’ n.d.)
- 3.
The ‘big four’ refers to the four largest multinational accounting firms—KPMG, Deloitte, EY and Pricewaterhouse Coopers. These four companies offer a range of services; auditing, consulting, transactions and tax advice [for which they are increasingly being criticised for advising clients of ‘tax avoidance’ opportunities (Duval 2016; West 2016)].
- 4.
International English Language Testing System.
- 5.
The exam was put on hold in 2007 and officially cancelled in 2010 (Chairperson of FIPSA 2014 and Immigration practitioners, Alberton 2014).
- 6.
Practitioners cost between R7 000 and R15 000 (about $500–$1000 at the time of writing, October 2016) depending on the visa being applied for and the extent of the services needed.
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De Gruchy, T. (2018). ‘Every Tom, Dick and Harry’: Understanding the Changing Role of the South African Immigration Industry. In: Lacroix, T., Desille, A. (eds) International Migrations and Local Governance. Migration, Diasporas and Citizenship. Palgrave Macmillan, Cham. https://doi.org/10.1007/978-3-319-65996-1_9
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