Visa disaster looming for South Africa

With South Africa’s temporary visa concession set to expire soon, experts warn that without another extension, some applicants could lose lawful status, be forced to leave the country, and risk being declared undesirable upon exit.

South Africa’s long-running visa concession was introduced to protect lawfully present foreign nationals from falling into undesired status while the Department of Home Affairs (DHA) fixed historic visa processing backlogs.

Now, it is approaching its current deadline of 31 March 2026. Thousands of affected visa applicants with pending waivers and appeals are awaiting clarity on the next phase of the concession framework.

Xpatweb’s Head of Immigration, Jaco Brits, said the DHA has made notable progress over the past two years in addressing many of the processing delays.

However, some visa categories continue to experience longer adjudication timelines, and many applicants continue to rely on the concession as a form of protection.

Since its introduction in 2022, the concession has been extended five times by the DHA Minister to ensure affected visa holders could remain in South Africa legally while the department worked through outstanding applications.

However, the Government of National Unity’s Minister of Home Affairs, Dr Leon Schreiber, announced in September 2025 that the concession would be extended until 31 March 2026.

This move was widely welcomed, as it provided the department with additional time to continue its backlog-reduction efforts. With the current deadline approaching, attention is turning to the next steps.

This current concession, which is in place until 31 March 2026, provides protection for two types of applicants –

• Waiver Applicants – Visa holders who have submitted a pending waiver application.
• Appeal Applicants – Visa holders who have appealed a negative decision on a long-term visa or the refusal of permanent residence.

The original visa concession was introduced when application backlogs had built up over nearly a decade, affecting work visa holders, critical skills applicants, and permanent residence candidates.

“While Home Affairs has made substantial progress in tackling the backlog, some pressure points remain, particularly in the adjudication of appeals,” Brits said.

He explained that certain decisions have been pending for extended periods, which can create uncertainty for applicants.

Accelerated efforts to resolve historic backlogs have improved overall turnaround times, but in some instances, they have also unintentionally led to a build-up of pending appeals.

For this reason, he said, immigration practitioners see merit in a further extension of the concession while remaining matters are finalised.

A further extension

While the current concession primarily safeguards waiver applicants and those with pending appeals, some visa categories continue to face extended processing times.

Applications for permanent residence and waivers may still benefit from protection under a renewed extension.

Brits stressed that section 11(6) visitor visas issued to spouses of South African citizens or permanent residents can experience lengthy processing times and may remain vulnerable.

In this context, the narrower relief provided under the current concession may not fully address all remaining cases.

He added that the DHA and its minister have historically been responsive to the needs of affected visa holders, and a further extension is anticipated.

Brits also noted that the rising number of legal escalations linked to long waiting periods underscores the potential value of broader coverage should the concession be renewed.

The concession was designed to prevent compliant visa applicants from inadvertently falling into irregular status due to administrative delays.

“Another extension would provide critical certainty for applicants in this situation,” Brits said. “It would allow them to remain in South Africa lawfully while the department completes the adjudication of outstanding waiver and appeal matters.”

At the same time, immigration practitioners caution that both individuals and employers should plan carefully in the coming weeks.

Without a further extension, some applicants with pending waiver or appeal decisions could lose lawful status, potentially requiring them to leave the country and risk an undesirable status declaration upon exit.

He stressed that the visa concession has played a significant role in stabilising South Africa’s immigration environment during a period of administrative recovery.

This means that the coming weeks will be important in determining how the remaining cases are managed.

Brits advised that affected visa holders and employers should remain attentive to announcements from the DHA as the 31 March 2026 deadline approaches.

This is the case whether through a further extension, an expanded protection framework, or alternative administrative measures.