Newly appointed Minister of Home Affairs, Dr. Leon Schreiber extends the blanket concession until 31 December 2024 and commits to more proactive communication
On 04 July 2024, the Department of Home Affairs 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 until 31 December 2024. This decision is communicated 4 days after the expiration of the previously granted extension.
The delay in the announcement had left many nervous in a panicked state, as they feared that they would be required to depart the Republic of South Africa in the absence of a concession granting them extended status.
Minister Schreiber has committed to avoiding a repeat of the current situation that has seen the previous concession expire prior to the extension being announced. The Minister has undertaken that any further extension, modification or amendment to the terms of these concessions will be communicated in writing prior to the new expiry date of 31 December 2024.
The Directive issued by the Department of Home Affairs introduces the below measures with immediate effect:
- For foreign nationals awaiting outcomes on their waiver applications:
Visa holders with pending waiver applications as of 30 June 2024, will receive a temporary extension until 31 December 2024. This extension allows the Department of Home Affairs 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 at a port of entry up to and including 31 December 2024, without being declared undesirable. However, non-visa exempt applicants who travel out of the country with a waiver application receipt, are required to apply for a port of entry visa which would allow them re-entry into South Africa. - 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 June 2024, will be granted a temporary extension until 31 December 2024. Thereby, 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 at a port of entry up to and including 31 June 2024, without being declared undesirable. However, non-visa exempt applicants who travel out of the country 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. - For foreign nationals whose appeal applications are still pending:
Visa holders who have appealed a negative decision on an application for a long– terms visas will receive a temporary extension until 31 December 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 at a port of entry up to and including 31 December 2024, without being declared undesirable. Non-visa exempt appeal applicants who travel out of the country 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. - For short-term visa holders with visas valid for less than 90 days:
Short terms visa holders who have applied for a renewal of their visa but have not receive the renewal outcome must make the necessary arrangements to depart from south Africa within 90 days from date of expiry of the principal visa, to avoid being declared undesirable.
The newly issued concession is in line with provisions of Section 11(1)(a) of the act which limits the duration of sojourn for visiting purposes to a total of 180 days.
The above measures only apply to foreign nationals that have been legally admitted into South Africa and to applicants who have submitted an application via VFS Global and who are able to produce a verifiable receipt for their applications which may be tracked on the VFS Global tracking system.
New Minister Commitment
Minister Schreiber’s immediate action to extend the concession for foreign nationals underscores a strong commitment to addressing current inefficiencies within the Department of Home Affairs. By protecting applicants from adverse consequences and ensuring timely communication of any future changes, the Minister demonstrates a clear vision to enhance South Africa’s attractiveness for international talent, investment, and tourism. This is a positive step towards revitalizing the visa system and positioning the Department as a key player in driving economic growth and job creation in South Africa.
Trusted Employer Scheme Visa Issued Within 24 Hours
About the Trusted Employer Scheme
South Africa’s Trusted Employer Scheme (TES), introduced by President Cyril Ramaphosa in 2023, officially came into effect on 1 March 2024 for 68 companies, out of the 108 that applied.
The TES simplifies the complex process of securing visas and permits with reduced requirements for work visa applications as well as improved processing times.
We anticipated that there would be a certain level of delay in the initial stages with some teething problems, as has been the case in the past where new Regulations or Directives have been rolled out. The process has however been mostly positive and with some immediate wins for Employers, Jacobs confirmed.
Securing your TES Status
Companies seeking Trusted Employer status must meet specific criteria, including capital investment, graduate training programs, and evidence of good standing with various government departments.
Despite the initial application deadline passing, a new opportunity for companies to apply is on the horizon.
In a recent press conference, the Minister of the Department of Home Affairs confirmed that a second round of applications for TES will open in May 2024. The Minister at the same time warned that Trusted Employers are subject to a more stringent audit process and transgressors will be kicked off the scheme.
Benefits of Trusted Employer Status
The advantages of being a Trusted Employer go beyond mere status symbols, they translate into tangible benefits that drive business success. Foremost among these benefits are the streamlined processing times for work visas and permits:
- Applications submitted in South Africa through VFS are processed in 5 – 10 business days.
- Applications submitted through SA Embassies and High Commissions are processed in 5 – 20 business days.
- Waivers and Appeals are processed in 60 – 70 business days.
- Permanent Residency Permits are processed in 8 months.
- Short Term Visas are processed in 5 business days.
In contrast, non-Trusted Employers face considerably longer processing times, and with some visas now pending over 24 months. There remain substantial delays especially on waiver and appeals impacting negatively on business. Additionally spousal and relative visas are adversely affected by the visa backlog, with the Department highlighting difficulty in verifying supporting documents for these categories as a contributing factor to the slow processing and issuance of visas.
Next Steps
We encourage all companies who meet the criteria to apply for the Trusted Employer Scheme when the next round opens. Where companies are not part, or not yet part of the Scheme, a well-planned, proactive, legal approach continues to serve applicants well with predictable steps in place to report back to business in a meaningful way.
Round Two – Minister of the Department of Home Affairs Gazette New Immigration Regulations: A Closer Look at the Changes
The publication of the regulations was eagerly anticipated as it introduced welcome changes to the Immigration system in South Africa.
Marisa Jacobs, the Managing Director at Xpatweb and a Business Representative on the National Economic Development and Labour Council (NEDLAC) immigration and migration committee gives a brief overview of the key points addressed in the newly Gazetted regulations.
Introduction of the Remote Work Visa: A notable addition is the Remote Work Visa, designed for individuals wishing to reside in South Africa while working for foreign employers or have foreign sourced income on a remote basis. This visa targets high-earning individuals and aims to stimulate the South African economy.
In order to qualify for the Remote Work Visa, foreign nationals must earn at least R1,000,000.00 (One Million Rand) annually.
An area of concern on the first draft of the legislation centred around the exemption from tax for remote workers, where they secure a visa for 6 months or less, specifically drafted into the Immigration Regulations. The revised version of the Regulations instead provides that remote workers “may apply to be exempted by the South African Revenue Service from registering as a taxpayer” and those who are issued with a remote work visa for a period longer than 6 months in a 36-month period “must register with the South African Revenue Service”.
Point-Based System for Work Visas: The DHA has further gazetted a point-based system for Work Visas. This is aimed at a streamlined approach for the adjudication of Work Visas and specifically targets the General Work Visa, according to the Minister’s press conference in April where he briefly unpacked the legislation changes. The points-based system will consider factors like age, qualifications, language skills, work experience, and “any other relevant factors”. The factors will be detailed by the Minister of Home Affairs in the Government Gazette from time to time.
Notably “ability to adapt” has been excluded in the revised Regulations, this makes for a welcome change as a points-based system aims to bring clarity, predictability and objective parameters.
Professional body registration: The DHA has further provided a distinction between proof of application and actual registration with a professional body recognised by SAQA for Critical Skills Work and Corporate Visas. Proof of application now allows a visa to be issued for up to twelve (12) months, while membership permits visas up to five (5) years for Critical Skills and three (3) years for Corporate Visas.
Police Clearance and Radiological Reports: The Regulations specifically revised the definition of “police clearance certificate” and made provision for the removal of the “radiological report” requirement. These changes align with the proposals in the Vulindlela Report and Directive No. 5 of 2023, issued by the Minister of Home Affairs on April 11, 2023. Police Clearance Certificates are now only needed from Applicants who are 18 years old or older who have lived in a country for twelve (12) months or longer in the past five (5) years. The requirement to include a radiological report with visa applications is removed.
Change of Status for Family: The Regulations also address Constitutional Court judgments allowing foreign spouses, children of South African citizens or permanent residents, and foreign parents of South African children to change visa conditions without leaving the country. These changes uphold constitutional rights to dignity and family unity.
In Closing
The newly gazetted immigration regulations signify valuable progress by the DHA in their ongoing efforts to modernize immigration system and foster economic growth through strategic visa policies.
As a provider to large corporates and multinational organisations in South Africa, as well as high net worth professionals, we remain optimistic that these changes along with initiatives such as the Trusted Employer Scheme, gives some confidence back to a visa system that has in recent years been crippled by a growing backlog and plagued by inefficiencies.
We have seen in the last 6 – 12 months an increased uptake by business to mobilise talent to South Africa as they take advantage of initiatives, including the Trusted Employer Scheme, along with a proactive legal based approach to facilitate efficient visa processing.
The Department of Home Affairs Backtracks on Immigration Regulations and Announces Second Round for Trusted Employer Scheme Applications in Press Conference
While the proposed amendments to the Regulations signify positive updates to Immigration law, the emphasis of due process when introducing new legislation cannot be ignored. The Minister acknowledged that the DHA needed to head to the call from National Economic Development and Labour Council (“NEDLAC”) and it is imperative for public comments to be heard and duly considered.
The Minister confirmed DHA are in the process of reconsidering and finalising the regulations and will have the revised version gazetted by next week. He further outlined several significant updates and initiatives within the Department of Home Affairs.
Marisa Jacobs, the Managing Director at Xpatweb and Business Representative on the NEDLAC immigration and migration task team gives a brief overview of the key points discussed in by the Minister:
Introduction of the Remote Work Visa
A notable addition is the Remote Work Visa, designed for individuals wishing to reside in South Africa while working for foreign employers. This visa targets high-earning individuals and aims to stimulate the South African economy.
Point-Based System for General Work Visa
A notable addition is the Remote Work Visa, designed for individuals wishing to reside in South Africa while working for foreign employers. This visa targets high-earning individuals and aims to stimulate the South African economy.
Critical Skills List
Organizations can now expedite the gazetting process for critical skills deemed essential. This removes the previous four-year waiting period, facilitating swift approval for in-demand skills.
Trusted Employer Scheme
The newly implemented Trusted Employer Scheme (TES) has seen great success while the Minister warned approved Employers will face stringent compliance measures, with random checks conducted by the DHA. Non-compliance will result in expulsion from the TES program. It was further stated that there has been a significant increase in interest in TES since it’s implementation on 1 March and thus the DHA is inviting a second round of submissions from qualifying companies to join TES in May 2024.
Management of the Backlog by the DHA
The Minister reported that almost 90% of the total backlog faced by the DHA is in respect of Relative, Dependent and Spousal visas, attributing the delays to difficulties in verifying marriages. Efforts are underway to address this backlog, with a dedicated team assigned to expedite applications.
The DHA plans to provide detailed statistics on visa approvals versus rejections to indicate the current processing times of the various visa categories. The Minister further touched on the current directive which allows any individual who has applied for an extension of their visa and has received a VFS receipt status in South Africa while awaiting the outcome of the application.
Review of the White Paper
The DHA is currently reviewing laws outlined in the White Paper, with a focus on repealing certain sections. Changes being considered adhere strictly to regulatory frameworks, ensuring compliance and legality.
The implementation of the new Start-up Visa
The introduction of a Start-up Visa offers opportunities for individuals wishing to open or invest in small and medium business in South Africa. This will afford these individuals access to the corporate account unit within the DHA.
Take Away
Where you need an urgent work or residency visa, the process has not changed much for the past two years – you need to apply as early as possible and be ready for legal escalation where DHA do not do their job.
We are cautiously optimistic, as we are seeing quicker turnaround on some matters. Yet, we were also today in court against DHA, so there remain two sides to the coin. A correctly issued work and residency permit is one of the most stressful events where it goes wrong, as it impacts every aspect of one’s life.