Home Affairs almost there with clearing the visa backlog, but not quite

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Jaco Brits, Senior Immigration Consultant at Xpatweb, says the latest concession means affected parties may continue with their activities as per their current visa conditions for another three months, until 31 March 2025. This was necessary to safeguard applicants from suffering adverse consequences or being erroneously declared undesirable in South Africa while they await the outcome of applications submitted to the Department.

“Affected parties are grateful for the progress and hard work by the Department in conjunction with the private sector to significantly reduce the backlog, but the extended concession now also brings peace of mind for many whose waiver, long-term visa and appeal applications are still pending,” says Brits.

This is the second time Dr Leon Schreiber, Minister of Home Affairs, has extended the temporary concession due to the visa backlog at the Department dating back almost ten years. Shortly after his appointment as Minister in July 2024, he moved to protect applicants while the backlog was reduced.

With the latest announcement, Schreiber kept his promise of July 2024 that any further extension, modification or amendment to the terms of the concessions would be communicated prior to the then expiry date of 31 December 2024 to prevent a repeat of the situation which saw the previous concession expire before the extension being announced.

What the DHA has achieved in tackling the backlog, is to be celebrated, says Brits. Two weeks ago, the Minister announced on X (twitter) that the DHA, within a matter of months, have processed 261,845 applications and will hit 94% backlog eradication before year end.

According to Brits it is indeed a landmark, establishing new efficiency benchmarks at the DHA. This accomplishment not only demonstrates the department’s ability to meet ambitious goals but also sets a promising stage for further improvements in adjudication quality in the coming year.

The Minister said on X (twitter): “Only mopping up and appeals remaining. In fact, our team is working so fast that we are struggling to keep up with printing and issuing outcomes. One of the first things I did after my appointment as Home Affairs Minister was to visit our visa backlog team, with the message that we want a Christmas without the decade-old backlog hanging over us. Today, went back to celebrate this team for their incredible work.”

Schreiber also shared a video where he and Deputy Minister Njabulo Nzuza – “dressed in Christmas outfits!” – celebrated with DHA officials.

He went on to say: “It has been a year of inspiring progress at Home Affairs. Next year, we will take the lessons learnt from this project and the foundation we’ve laid to fully digitalise and automate our processes and take service delivery to new heights.”

The further temporary extension of the concession until 31 March 2025 applies to:

  • Waiver Applications: Applicants with pending outcomes as of 30 November 2024 may exit and re-enter South Africa without being declared undesirable, but 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.
  • Visa Applications: Visa holders who have applied for long-term visas such as Business Visas, Study Visas, Relative’s Visas and Work Visas and same remained pending as at 30 November 2024, have been granted further temporary extension of their current visa They must adhere to their current visa conditions and are allowed to travel with similar conditions as waiver applicants. Note the conditions for non-visa exempt applicants.
  • Visa Appeal Applications: Visa holders who appealed a negative decision on an application for a long-term visa, are granted a temporary extension for three Travel conditions similar to other applicants apply, and they must carry a copy of the rejection letter together with a receipt indicating the Applicant has submitted an appeal application.
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Ramaphosa clarifies: Nigerians still need a passport when applying for a visa to visit SA

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The Presidency moved quickly on Wednesday to clarify that passports are still required. This followed what it called a misunderstanding of remarks President Cyril Ramaphosa made at the opening of the SA-Nigeria Bi-National Commission a day earlier.

Following his address, it was widely reported that Nigerian nationals no longer need a passport to apply for a visa to come to South Africa, but this is not the case.

The Presidency clarified in a statement that prospective travellers can apply for their visas without submitting their passports along with their applications. But they must submit a certified copy of the biopage of the passport with the application. The actual passport should be availed during the application process for verification and confirmation.

The passport will indeed be submitted once the visa has been approved for it to be affixed in the passport.

“Once a visa has been approved, they are required to submit their passports for the process to be completed and for the visa to be affixed in the passport. These changes have improved the customer experience while ensuring the security and integrity of the overall visa application process,” the statement read.

The initial misunderstanding apparently came when President Ramaphosa referred to the simplified visa process for Nigerian nationals. “In addition, tourists from Nigeria are now able to apply for a visa without submitting a passport,” he said according to the published speech.

According to the Presidency, the President referred to the work underway to modernise and streamline visa application processes worldwide, and said South African missions in Nigeria have improved the efficiency and convenience of applying for a visa. This is part of the visa reforms initiated by the South African government to enable economic activities and boost tourism while protecting the national security.

“The modernisation of the visa application process does not compromise the integrity of the visa system,” the Presidency said in the statement.

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Welcome reprieve for ZEP holders at the eleventh hour

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This Directive on the extension of the validity of the exemptions was published in the Government Gazette on Friday, 29 November 2024.

The Minister’s decision aligns with the Pretoria High Court directing the Department of Home Affairs to engage in thorough consultations with ZEP holders and relevant stakeholders regarding the future of the special dispensation granted to Zimbabwean nationals who are the holders of these permits.

Marisa Jacobs, Managing Director at Xpatweb, earlier this week warned that after today’s deadline, the only alternative would have been to make a new submission in terms of the new dispensation under the points-based system and this submission will have to be made in Zimbabwe.

This decision by the Minister brings welcome reprieve and more certainty for affected ZEP holders, Jacobs said following the publication in the Government Gazette.

According to the Minister’s Directive the reactivation of the Immigration Advisory Board (IAB) is currently underway, and its first task will be to consider, advise and enable the steps required for compliance with the Order of the High Court on the future of the ZEP.

“In order to give the IAB time to properly do its work, and a fair process to be followed, I direct that existing ZEPs shall be deemed to remain valid for the next 12 months.”

ZEP provisions during the extension period

Benjamin van Zyl, an Immigration Consultant at Xpatweb, said the Directive is clear that no ZEP holder will be subject to arrest, deportation, or detention under section 34 of the Immigration Act, 2002 for reasons related to the absence of a valid exemption certificate. As such, ZEP holders may enter or leave South Africa, provided they meet all other entry and exit requirements except for having a valid visa.

Furthermore, ZEP holders are not required to produce a valid exemption certificate, visa, or authorization letter to remain in South Africa when applying for a temporary visa under section 10(2) of the Immigration Act, 2002. As such, this Directive allows ZEP holders to submit an application for a mainstream visa within South Africa without producing the aforementioned documents that portray their current status within South Africa.

However, there is much uncertainty on whether ZEP holders, who did not submit an application for a waiver to allow them to submit their applications within South Africa, would be in a position to submit their prospective applications for a South African work visa within South Africa. The Department of Home Affairs will need to provide further clarity on this particular aspect.

Although the extension offers temporary relief to permit holders while the consultation process and deliberations on the future of the ZEP system take place, ZEP holders are encouraged to explore long-term solutions, including applying for mainstream work visas or other applicable permits to secure their legal status in South Africa beyond the extended deadline.

Another deadline stares ZEP holders in South Africa in the face

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Another D-day looms this week for countless holders of a Zimbabwean Exemption Permit (ZEP) who are uncertain about their stay in South Africa.

Zimbabwean nationals who have not already applied for a waiver to progress from a ZEP to a General Work visa in South Africa, only have until Friday (29 November 2024) to apply for a new one-year exemption permit valid until 29 November 2025. The extension will ensure Zimbabwean permit holders remain legally within South Africa.

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DHA visa backlog 80% cleared, so it should not steal your Xmas cheer

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Uncertainty still looms about whether the concession for foreign nationals will be extended beyond 31 December 2024 to safeguard them from being erroneously declared undesirable while they await their visa application outcomes, but the good news is those affected can still travel abroad to visit loved ones this Festive Season and re-enter South Africa legally in the new year.

This will require some planning ahead for multinationals and corporates to ensure their foreign national employees and their families can have peace of mind when traveling abroad while their visa applications are pending, says Marisa Jacobs, Managing Director at Xpatweb, South Africa’s premium work permit and immigration service provider.

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