South African employers are required to make a good faith effort to ascertain whether a foreign national's status authorises the particular employment concerned. Verification routes exist, but there is no universally understood or standardised employer process explaining which route to use, what evidential value it carries, or whether formal verification may expose a trusted employee to serious immigration consequences.

Recent immigration enforcement has prompted many employers to revisit the immigration records of foreign nationals whom they may have employed, trusted and worked alongside for years.

They may believe that they are simply strengthening an internal compliance process or introducing controls that they had previously underestimated or misunderstood altogether. Many of the enquiries now reaching law firms and immigration service providers reflect the latter scenario.

Employers are responding differently; some seek to protect the business and those responsible from exposure and consequences, others aim to retain operationally important employees by determining whether an irregularity can lawfully be resolved. Many remain unaware that employing a foreign national creates distinct duties under the Immigration Act.

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Enforcement risk is now visibly no longer confined to the foreign national. Government has confirmed that Home Affairs, the South African Police Service and the Department of Employment and Labour are increasing workplace inspections, while the phased recruitment of 10,000 labour inspectors has been announced. Recent operations have reached retail outlets, commercial premises and construction developments across South Africa.

The Immigration Act defines an "employer" broadly: the person contractually bound as employer and, in the case of a juristic person, its chief executive officer or...