The recent decision (Directive) by the Department of Home Affairs (“DHA”) to further extend the blanket concession granted to long term visa holders was music to the ears of many. Today, 22 December 2023, the DHA released a new Directive stating that long-term visa holders in South Africa have been granted legal permission to remain in the Republic of South Africa (“South Africa”) until 30 June 2024. This decision is communicated just 9 days before the expiration of the previously granted extension. The delay in the announcement had left many nervous, as many feared that they would have been required to depart South Africa by 31 December 2023. 

The Directive issued by the DHA introduces the below measures with immediate effect:

1.  For foreign nationals awaiting outcomes on their waiver applications:

Visa holders with pending waiver applications as at 30 November 2023, will receive a temporary extension until 30 June 2024. This extension allows the DHA to process their applications and enables applicants to receive their decisions and apply for appropriate visas. Visa holders who need to travel but are awaiting the outcome of a waiver application, will be allowed to exit and re-enter South Africa at a port of entry up to and including 30 June 2024, without being declared undesirable. However, applicants from countries that are not visa exempt who travel out of South Africa with a waiver application receipt, are required to apply for a port of entry visa which would allow them re-entry into South Africa.

2.  For foreign nationals whose visa applications are still pending:

Long-term visa holders (for work, business, study, relatives, and accompanying spouses) whose applications remain pending as of 30 November 2023, will be granted a temporary extension until 30 June 2024, meaning maintaining their current visa status. However, these foreign nationals are restricted from engaging in any activities beyond those permitted by their existing visa conditions. Visa holders who need to travel but are awaiting the outcome of a long-term visa application, will be allowed to exit and re-enter South Africa at a port of entry up to and including 30 June 2024, without being declared undesirable. However, applicants from countries that are not visa exempt who travel out of South Africa with a long-term visa application receipt, are required to apply for a port of entry visa which would allow them re-entry into South Africa.

3.  For foreign nationals whose appeal applications are still pending: 

Visa holders who have appealed a negative decision on an application for a long term visa will receive a temporary extension until 30 June 2024. Visa appeal applicants who need to travel but are awaiting the outcome of an appeal application for a long-term visa, will be allowed to exit and re-enter South Africa at a port of entry up to and including 30 June 2024, without being declared undesirable. Applicants from countries that are not visa exempt who travel out of South Africa with an appeal application receipt, are required to apply for a port of entry visa which would allow them re-entry into South Africa. All appeal applicants are required to produce a copy of the rejection letter with a receipt for the appeal application on departure and re-entry into South Africa.

4.  For short-term visa holders with visas valid for less than 90 days:

Short term visa holders who have applied for a renewal of their visa but have not receive the renewal outcome by 23 February 2024, will be required to make the necessary arrangements to depart from South Africa on or before 29 February 2024.

The above measures only apply to foreign nationals that have been legally admitted into South Africa and who have submitted an application via VFS Global on or before 30 November 2023.

Written by Aadil Wadee, Immigration Specialist and Admitted Attorney, at Xpatweb