Major visa rule change for foreigners in South Africa

South Africa has waived the requirement for foreign nationals to apply to renew or change their visas at least 60 days before their current visas expire.

The decision, signed by Home Affairs Minister Leon Schreiber on 8 October 2026, could help resolve hundreds of visa applications that were rejected and pending appeals.

This includes cases involving accompanying family members. The waiver also applies retrospectively to qualifying applications already under appeal.

However, foreign nationals are still required to submit their applications before their current visas expire.

The change follows growing problems with the application of the 60-day rule, which has led to visa refusals and added pressure on the Department of Home Affairs’ appeals process.

Xpatweb’s Head of Immigration, Jaco Brits, said the retrospective nature of the waiver was particularly significant because it creates a way to address cases that have already been affected.

Under Regulations 9(5)(a) and 9(8)(c) of the Immigration Regulations, foreign nationals applying to renew a visa or change its status or conditions were required to submit their applications 60 days before the expiry date.

This requirement has been in place for years. However, it has led to an increase in refusals over the past 12 months.

According to Brits, applications were rejected solely because they had been submitted within the 60-day period, even where the timing was not the applicant’s fault.

This created difficulties for foreign nationals, who then had to appeal the decisions. These cases added to the existing backlog.

It also affected accompanying family members whose applications depended on the outcome of the main applicant’s case.

Brits noted that Xpatweb had seen a significant increase in refusals where the 60-day requirement was the only reason given for rejecting an application.

The waiver was introduced through Immigration Directive 13 of 2026. Schreiber said it followed representations from the Department of Home Affairs about the unintended consequences of applying the regulations.

Key changes

A key feature of the change is that it is not limited to applications submitted after the directive was issued. Ordinarily, a waiver applies from the date it is granted.

In this case, the retrospective provision offers a route to resolving qualifying applications that have already been refused and are currently under appeal.

The department indicated that negative decisions on affected appeals will be overturned. This will allow the underlying visa applications to be processed.

Once the relevant appeals have been overturned, applications from affected accompanying family members can also be resolved.

This could ease the pressure on applicants who have spent months waiting for an appeal outcome, as well as on the officials responsible for processing these cases.

Brits said the change provides a clearer path to resolving outstanding matters and gives affected families an opportunity to have their applications finalised.

“While it may take several months for the affected cases to work through the system, we are encouraged by the feedback received from the department and are confident that we are on track towards resolving these matters.”

Home Affairs has also established an Appeals Unit to improve the handling and turnaround times of visa and permanent residence appeals.

The waiver also removes the 60-day advance application requirement for future qualifying visa renewals and changes of status or conditions.

This means foreign nationals will no longer need to submit these applications at least two months before their existing visas expire.

Brits said this could reduce the need for applicants to pursue waivers or appeals solely because their applications were submitted within the 60-day period.

Removing that additional step could also help Home Affairs process applications at the first stage, rather than dealing with avoidable refusals and the resulting appeals.

However, the change does not remove the requirement to apply before a current visa expires. Foreign nationals must still submit a renewal or other qualifying application before their existing visa expires.

The waiver should not be interpreted as permission to remain in South Africa after a visa has expired without submitting a new application.

Brits recommended that foreign nationals and employers identify cases that may qualify for relief under the directive.

This includes applications already under appeal where the 60-day rule was the reason for refusal, as well as related applications from accompanying family members.

Employers that rely on foreign employees should also review affected cases to determine whether action is needed under the Department’s latest guidance.