Policy Reform Proposal: Granting Automatic Employment Authorization to Spouses of Work Visa Holders in South Africa – Fragomen

Report on Proposed Immigration Policy Reform in South Africa

Executive Summary

This report analyzes a proposed policy reform to grant automatic employment authorization to the spouses and partners of work visa holders in South Africa. The current framework presents significant barriers to spousal employment, hindering the nation’s ability to attract and retain high-skilled foreign talent. Adopting this reform would align South Africa with international best practices and directly support the achievement of several United Nations Sustainable Development Goals (SDGs), particularly those concerning gender equality, economic growth, and reduced inequalities. This policy change is critical for enhancing South Africa’s economic competitiveness and fostering a more inclusive and equitable environment for expatriate families.

Analysis of Current Spousal Work Authorization Policy

The primary challenge for foreign nationals considering relocation to South Africa is the restrictive environment for spousal employment. Under the current system, spouses or partners of work visa holders are not automatically granted the right to work. They must independently qualify for and secure their own work visas, a process that is often lengthy, complex, and uncertain. This policy creates significant personal and professional disruption for accompanying partners.

Impediments to Sustainable Development

• Deterrent to Skilled Professionals: The inability of a spouse to work is a major deterrent for top-tier talent, causing South Africa to lose skilled individuals to countries with more progressive family-inclusive immigration policies.
• Career Disruption: Accompanying spouses, who are often highly qualified professionals themselves, are forced into inactivity, leading to career regression and skill atrophy.
• Economic Underutilization: The skills and potential economic contributions of these individuals are lost to the South African economy.

Proposed Reform and Alignment with Sustainable Development Goals (SDGs)

The proposed reform advocates for granting automatic work authorization to spouses and partners of individuals holding valid South African work visas. This measure would streamline the immigration process and unlock significant socio-economic benefits, directly contributing to the following SDGs:

SDG 5: Achieve Gender Equality and Empower All Women and Girls

This policy reform is a powerful tool for advancing gender equality. By removing employment barriers, it ensures that accompanying spouses, a majority of whom are women, can:

• Maintain financial independence and avoid dependency.
• Continue their professional and career development without interruption.
• Contribute equally to household income and decision-making.
• Serve as role models, promoting female participation in the workforce.

SDG 8: Promote Sustained, Inclusive and Sustainable Economic Growth, Full and Productive Employment and Decent Work for All

Facilitating spousal employment is a direct driver of economic growth and decent work.

1. Attraction of Global Talent: A family-friendly policy makes South Africa a more attractive destination for critically skilled foreign workers, boosting innovation and competitiveness.
2. Expansion of the Labour Market: It allows a new pool of skilled and qualified individuals to enter the workforce, filling skills gaps and contributing to economic productivity.
3. Increased Tax Revenue: Dual-income expatriate households contribute more to the national fiscus through taxation, funding public services and infrastructure.

SDG 10: Reduce Inequality Within and Among Countries

The reform addresses inequalities on multiple levels.

• Reduces Household Inequality: It mitigates the risk of income and power imbalances within expatriate families that arise when one partner is unable to work.
• Enhances Global Competitiveness: It aligns South Africa’s immigration policies with those of other leading economies, reducing the inequality of opportunity for global talent seeking to relocate.

Conclusion and Recommendations

The proposal to grant automatic employment authorization to spouses of work visa holders is a strategic imperative for South Africa. It represents a low-cost, high-impact policy change that would strengthen the economy, enhance social equity, and demonstrate a firm commitment to the Sustainable Development Goals.

Strategic Benefits:

1. Economic Growth: Attract and retain essential foreign skills to drive innovation and industry growth.
2. Gender Equality: Empower spouses and promote equitable participation in the economy.
3. Sustainable Development: Directly advance key targets within SDGs 5, 8, and 10.
4. International Standing: Position South Africa as a leading, family-friendly destination for global talent.

It is strongly recommended that the South African government proceed with the necessary legislative and regulatory amendments to implement this vital policy reform.

Analysis of Sustainable Development Goals in the Article

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 5: Gender Equality

  The article discusses the disruption of careers for spouses of work visa holders. This issue disproportionately affects women, who often follow their partners for international assignments. Granting automatic employment authorization empowers these spouses, promoting their economic independence and ensuring they can continue their professional lives, which is a core component of gender equality.

• SDG 8: Decent Work and Economic Growth

  The proposal directly relates to promoting “full and productive employment.” By allowing spouses of expatriates to work, the policy would enable skilled individuals, who might otherwise “remain inactive,” to contribute to South Africa’s economy. This facilitates decent work for a segment of the migrant population and leverages their skills for national economic growth.

• SDG 10: Reduced Inequalities

  The article highlights an inequality in rights between the primary work visa holder and their spouse. The proposed policy reform aims to reduce this inequality by providing spouses with the right to work. Furthermore, it contributes to better-managed migration policies that treat the family unit more equitably, aligning with the goal of facilitating orderly and regular migration.

2. What specific targets under those SDGs can be identified based on the article’s content?

1. Target 5.5: Ensure women’s full and effective participation and equal opportunities for leadership in political, economic and public life.

   The policy proposal to grant automatic work authorization directly supports this target by removing a significant barrier to spouses’ participation in the economic life of the host country. It provides an equal opportunity for them to pursue their careers, which were “disrupted” by the move.

2. Target 8.5: By 2030, achieve full and productive employment and decent work for all women and men…

   The article’s focus on preventing spouses from remaining “inactive” and allowing them to work aligns with achieving full and productive employment. The policy would enable a group of often highly skilled individuals to join the workforce, contributing to this target.

3. Target 8.8: Protect labour rights and promote safe and secure working environments for all workers, including migrant workers…

   By formalizing the ability of spouses to work, the policy ensures they are brought into the formal labor market where their rights are protected. Automatic authorization prevents them from being vulnerable to precarious or informal employment, thus promoting a secure working environment for these migrant workers.

4. Target 10.7: Facilitate orderly, safe, regular and responsible migration and mobility of people, including through the implementation of planned and well-managed migration policies.

   The proposed policy reform is a clear example of a “well-managed migration policy.” It addresses a “key concern for expatriates,” making the migration process more orderly and attractive for skilled workers and their families, thereby facilitating their mobility.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

1. Implied Indicator: Existence of policies promoting women’s economic participation (for Target 5.5)

   The article does not provide data but discusses a “Policy Reform Proposal.” The adoption of this policy itself would serve as a key indicator of a country’s legislative and policy framework designed to ensure women’s (as spouses are often women) full participation in economic life.

2. Implied Indicator: Employment rate of spouses of work visa holders (for Target 8.5)

   The article’s concern that spouses “remain inactive” implies that their employment rate is a key metric. A successful implementation of the policy would lead to a measurable increase in the number or percentage of spouses of work visa holders who are formally employed.

3. Implied Indicator: Number of countries with well-managed migration policies (for Target 10.7)

   The article proposes a specific change to South Africa’s migration policy. The implementation of this “Policy Reform Proposal” would be a direct measure of progress. It would allow South Africa to be counted among countries that have policies facilitating the mobility of people in a regular and responsible manner.

4. Table of SDGs, Targets, and Indicators

Source: fragomen.com