Visa holders who have applied for a waiver, and whose waiver application remains pending as at the issuance of the Directive, were granted a further temporary extension until 31 March 2026 to enable the DHA to process applications, as well as to allow applicants to collect their outcomes and submit visa applications.
Visa holders who need to travel while awaiting the outcome of their waiver application are also allowed to depart and re-enter South Africa at a port of entry up to (and including) 31 March 2026, without being declared an “undesirable person” in terms of section 30(1)(h) of the Immigration Act 13 of 2002 (Act).
However, it is important to note that non-visa-exempt waiver applicants who travel out of South Africa with a waiver application receipt are still required to apply for a port of entry visa that would allow them to re-enter South Africa.
Applicants whose long-term visa appeal applications are still pending
Long-term visa applicants who have appealed a negative decision on an application for a long-term visa in terms of the relevant provisions of the Act were granted a temporary extension of their current visa status until 31 March 2026. However, such appellants may not engage in any activity other than what the conditions of their current visas provide for.
Any appellants who need to travel while awaiting the outcome of their appeal application for a long-term visa are allowed to depart from and re-enter South Africa up to (and including) 31 March 2026 without being declared an undesirable person.
It is important to note that all visa appellants (regardless of category) are required to produce a copy of their rejection letter, together with a receipt and/or confirmation indicating that they have submitted an appeal application, on departure from and re-entry into South Africa. In addition, non-visa-exempt appellants who travel out of South Africa with an appeal application receipt and/or confirmation are required to apply for a port of entry visa that would allow them re-entry into South Africa.
Qualification
Importantly, the temporary concession set out in the Directive only applies to:
- foreigners who have been legally admitted into South Africa; and
- applicants who have submitted an application via VFS Global and who can produce a verifiable receipt for such application against the VFS Global tracking system.
Written by Imraan Mahomed, Director; Lee Masuku, Senior Associate; Taryn York, Senior Associate; Mapaseka Nketu, Paralegal in Immigration Law at Cliffe Dekker Hofmeyr
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