The Minister of Home Affairs recently announced a further extension for Zimbabwe Exemption Permit (ZEP) holders. The extension is until 28 November 2025. But what about other undocumented foreigners in your employ?

The extension allows ZEP holders who live and work in South Africa another year to apply for one of the other visa categories. The Minister’s reasons for the extension of ZEP’s are summarised in the Government Gazette – CLICK HERE

Other foreigners

The Minister has not extended the Lesotho Exemption Permit (LEP). The situation with other foreigners (including Zimbabweans who do not have ZEP’s) and who have applied for various categories of visas also remains uncertain.

Unprocessed applications?

What should be done in respect of employees with unprocessed waiver and visa applications? Many applicants have been waiting for a very long time, in some cases for years. Visa applications can apparently be tracked online at https://visa.vfsglobal.com/nga/en/zaf/track-application.

Although the Department of Home Affairs online status verification service “has been suspended until further notice” all Visa verification requests can apparently be sent to VisaVerifications@dha.gov.za.

For further assistance applicants or their employers may approach immigration specialists.

Onus on employers

As far as employers are concerned, proof of an application may not be enough. Employers have a duty to ascertain whether their foreign employees have a right to live and work in South Africa, as well as to establish the limitations of their work permits or visas. Employers may be concerned about recent reports of the authorities clamping down on illegal practices with regard to the employment of undocumented foreign nationals.

What to do?

Employers face a wide variety of situations regarding the requisite documentation (visas or work permits). These include:

• Foreigners appointed without documentation in the first place
• Visas/permits have lapsed, but no new application have been made
• Visas/permits have lapsed, but new applications are pending
• Foreigners with documentation that was clearly forged
• Foreigners with documentation that appears to be valid, but should be verified

These situations should be dealt with on a case-by-case basis. In some situations employers should assist their employees, but in others it may be appropriate to terminate employment. For more information on the termination process see our previous article at https://labourwise.co.za/labour-articles/foreigners-illegal

Written by Jan Truter, Labourwise