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Showing content with the highest reputation since 01/22/2019 in all areas

  1. 2 points
    Here’s a KPMG article on it that describes it properly. https://home.kpmg/xx/en/home/insights/2018/01/flash-alert-2018-020.html the main point to note is that it’s not blanket anyone who is a SA citizen and hasn’t financially emigrated as is implied by the one newspaper article - see “who will be affected” below. The background indicates that this is indeed part of the push to get tax from those people who are working in Dubai etc and not paying any tax in SA because of the physical presence exemption but who don’t have tax residence anywhere else either. Another article I read that wasn’t as detailed said that if you have tax residence elsewhere (home, family, assets, pay normal tax there etc) this doesn’t affect you, it is aimed at SA tax residents abroad on employment contracts. Who Will Be Affected? The new cap will mainly affect South African tax residents working abroad; either as self-sponsored individuals who take a job opportunity in a foreign jurisdiction, or as employer-sponsored assignees that may or may not be tax protected/equalised. Background South African tax residents are taxed on their worldwide income through the residence-based system. While DTTs exist to prevent double taxation under certain circumstances, a specific provision in the South African tax legislation provides a pre-emptive exemption, i.e., an exemption that statutorily limits South Africa’s taxing rights based on a set of criteria. Many South African tax residents work abroad for a period during their working lives. Section 10(1)(o)(ii) of the Income Tax Act, No. 58 of 1962 (ITA) exempts employment income received by a South African tax resident during any year of assessment for services rendered outside South Africa for or on behalf of any employer, if that individual was outside South Africa for: a period or periods exceeding 183 full days in aggregateduring any 12-month period, and a continuous period exceeding 60 full days during that 12-month period. The exemption is only available to employees of private-sector companies. According to National Treasury, the exemption of foreign employment income from the South African tax net appears excessively generous, particularly in instances where the individual worked in a foreign country with a low or zero personal income tax rate.
  2. 1 point
    Indeed, compassion is needed for all victims of violent crime, and unfortunately there is a lot of that in South Africa - yes, the farmers, but also gang violence in the townships, gender-based violence etc - all too pervasive in SA society - no individual or group is immune. We don't know the particular set of circumstances of this family that sets them apart from that, which would give them claim to asylum. That said, the current Attorney General released a ruling in January last year stating: "The mere fact that a country may have problems effectively policing certain crimes - such as domestic violence or gang violence - or that certain populations are more likely to be victims of crime, cannot itself establish an asylum claim." It is not unusual that this family was paroled into the USA - it appears to be pretty common, but the burden of proof that they have claim to asylum is on them, and the court will decide the merits of their claim, although their day in court is probably some years away. In 2017, only 20% of those claiming asylum were granted - so there is a high bar of proof, and a high refusal rate.
  3. 1 point
    Yup, highly misleading video if that’s the case. “As of July 2018, there were over 733,000 pending [asylum] immigration cases and the average wait time for an immigration hearing was 721 days.” https://immigrationforum.org/article/fact-sheet-u-s-asylum-process/ They have moved to a last-in-first-out type process for asylum hearings due to the upsurge in frivolous applications in the last couple of years, so their case will probably take somewhere less than average. Hopefully we’ll be kept updated on the outcome of this one - I can guess at what the basis for the asylum claim will be. As malamute says, many cases have been denied. The same source linked above notes just under 62% of asylum cases denied in FY2017.
  4. 1 point
    That makes more sense, but makes nonsense of the claim in the title of the video "South African family granted refugee status in the US" , and verbal claims that they have been 'granted amnesty' and given an 'asylum visa' So, they, like many others have been TEMPORARILY paroled into the USA, where they can now APPLY FOR Asylum. Their application will be considered by the authorities and may or may not be granted. Similar applications have failed in the past. Video is misleading at best.
  5. 1 point
    Calling BS on this video: - Posted here by a GUEST in entirely the incorrect topic. - The person speaking uses the terms 'granted amnesty in America' 'granted refugee status in the USA, 'asylum visa' interchangeably. and the statements just don't add up. The person speaking claims to be very involved in this sort of thing - so surely they should know the difference. Amnesty, by the way, is forgiveness for a crime......... - The big claim is that this South African family crossed the US border on Thursday 07 Feb, were detained until Saturday 09 Feb, and then immediately granted refugee status in the USA - per the headline of the video This just isn't how it works. - Refugee status must be applied for from outside of the USA - and under USA law, a refugee is someone who is located outside of the USA. So, having entered the USA, they could not, here apply for refugee status - so where does this big celebration of their instant granting of refugee status come from? - Asylum status can be applied for from within the USA or at the point of entry - there is no 'asylum visa' as claimed in this video. You apply for this status - it isn't a visa , and it can take a long time to be adjudicated - certainly not 2 days while you are in detention, and then you are instantly granted 'refugee status' - which is a status only valid outside the USA. In addition, the YouTube channel etc is filled with hate speech - mostly from the followers, which is not the fault of the channel - except that they should evict people spewing such racist drivel!
  6. 1 point
    Glad you received it - mine was about the same duration through LA. The delay isn't such a big deal if you plan for it, but so many people forget about it until they need it, and realize they sit with an almost expired passport - and then rant about it, and about the consular staff, when the problem is of their own making! As you explained after you spoke with them, it isn't in their control.
  7. 1 point
    Just a quick update on my Passport. Application submitted at Consulate August 2, 2018 Passport issued in Pretoria December 21, 2018 Received passport from Consulate January 31, 2019 processing Time 182 days ... (6 months)
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