South Africa | Immigration | Extension of Concessions (delayed adjudication)


December 18, 2024

Immigration

South Africa | Extension of Concessions (delayed adjudication)

Summary

Despite significant progress in clearing the Immigration adjudication backlogs (in excess of 300 000 applications at one stage), the Department of Home Affairs in South Africa has extended the current Concessions until 31 March 2025 to alleviate challenges for those applicants still awaiting an outcome due to the upcoming Festive Season and ongoing backlogs within Appeals and Permanent Residence categories.

The visa status of foreign nationals, whose applications remained pending at 30 November 2024 (Waiver / Appeal / Renewal), are extended until 31 March 2025. Accordingly, foreign nationals holding expired long term visas or visas due to expire prior to 31 March 2025, who had an application pending at 30 November 2024, may continue conducting the activities for which their visas were issued, until 31 March 2025.

Travel: Individuals holding expired visas may travel internationally without being declared undesirable and return to South Africa to continue to await the outcome of their pending applications subject to presentation of prescribed supporting documentation. However, non-visa exempt passport holders are required to apply for a Port of Entry visa prior to returning to South Africa which will require additional processing time and administration.

Eligibility: The concession is only applicable to foreign nationals who have been legally admitted into the Republic and subject to prescribed documentation.

The detail

Appeals: Foreign nationals who have submitted an Appeal against a negative outcome received in respect of a long-term visa application, are granted an extension of their current visa status until 31 March 2025. Accordingly, all foreign nationals who submitted an Appeal on or before 30 November 2024, are legally entitled to continue the activities endorsed on their current visa (even if such visa has subsequently expired) until 31 March 2025. Impacted foreign nationals may travel, subject to presentation of a copy of their Rejection letter and the VFS Appeal receipt. Non-visa exempt passport holders must apply for a Port of Entry visa prior to returning to South Africa which will require additional processing time and administration.

Waivers:  Foreign nationals who have submitted a Waiver application in respect of a long-term visa application, are granted an extension of their current visa status until 31 March 2025 to provide sufficient time for the collection of the Waiver outcome and submission of the required long-term visa application thereafter. Accordingly, all foreign nationals who submitted a Waiver application on or before 30 November 2024, are legally entitled to continue the activities endorsed on their current visa (even if such visa has subsequently expired) until 31 March 2025. Impacted foreign nationals may travel, subject to presentation of a copy of their VFS Waiver receipt. Non-visa exempt passport holders must apply for a Port of Entry visa prior to returning to South Africa which will require additional processing time and administration.

Long-term Visas: Foreign nationals with a pending long-term visa application at 30 November 2024, are granted an extension of their current visa status until 31 March 2025. Accordingly, all foreign nationals with a pending application at 30 November 2024, are legally entitled to continue the activities endorsed on their current visa (even if such visa has subsequently expired) until 31 March 2025. Impacted foreign nationals may travel, subject to presentation of a copy of their VFS receipt. Non-visa exempt passport holders must apply for a Port of Entry visa prior to returning to South Africa which will require additional processing time and administration.

What this means for employers 

All foreign national employees holding expired long-term work visas for which an application remained pending at 30 November 2024 are legally authorised to continue working in the same role as endorsed on the current visa until 31 March 2025 or until the visa outcome is received (whichever occurs first). Accompanying foreign national family members of such employees, awaiting extension of their respective long-term dependent visas (accompanying spouse / accompanying parents / study visa) are further extended to 31 March 2025 or until the visa outcome is received (whichever occurs first). 

All foreign national employees holding expired Section 11(2) Visitors Visas are deemed to be excluded from these concessions at present. Should there be any further updates impacting such foreign nationals, these will be shared separately.

Furthermore, all foreign national employees whose long-term visas have expired, and who wish to abandon their pending visa applications, may leave the country by 31 March 2025 without being declared undesirable.

Should you have any queries, please contact your dedicated Vialto consultant, copying our Team Mailbox: za_immigration_south_africa@vialto.com

Contact us

For a deeper discussion on the above, please reach out to your Vialto Partners point of contact, or alternatively:

Stephen Marlin
Partner

Supriya Boodhena
Senior Manager

Natalie McLean
Senior Manager

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