Relief cut short for visa applicants in South Africa

While the Department of Home Affairs’ extended visa concession provides temporary relief for applicants, it does little to address persistent processing delays, leaving many reliant on legal intervention to secure timely outcomes.

On 30 March 2026, just hours before the previous concession was set to expire on 31 March 2026, Minister Leon Schreiber announced the further extension.

The Department of Home Affairs (DHA) extended the visa concession until 30 June 2027, providing temporary relief to affected applicants.

It is the latest in a series of stopgap measures implemented since 2022 to protect applicants awaiting the outcome of long-pending visa, waiver and appeal applications, as the DHA works to clear processing backlogs and delays.

Immigration attorneys at Visa Litigation Services said the extension offers necessary short-term relief and gives those caught in DHA’s processing limbo another 15 months to remain in the country.

However, they warned that the relief is merely temporary. “It does not resolve the underlying uncertainty and risks facing affected applicants.”

“It simply delays the moment when that protection may fall away, and concerns are all too real for too many applicants.”

The minister said they have worked extensively to digitise systems and processes at the DHA, and to implement interventions to cleanse the stigma of corruption in the visa issuance area.

Amid these efforts, though, the department was not able to finalise all applications timeously. Therefore, the concession was extended.

Visa Litigation Services said that while the department is digitising and introducing technology to streamline operations, resources appear to be going more toward system upgrades than to actually processing applications.

Applicants remain subject to prolonged waiting periods for visa and permit outcomes, leaving them in an uncertain and unpredictable situation – potentially facing the same fate in 15 months. “The directive underscores this reality.”

Legal recourse rises as the DHA struggles with visa delays

In December 2025, DHA formally committed to implementing turnaround times for visa and permit applications following a review.

It exposed a critical gap: applicants had little to no visibility on expected timelines, leading to confusion and inconsistent communication.

However, attorneys at Visa Litigation Services cautioned that real-world experience with the DHA paints a different picture.

In one recent case, the High Court intervened on behalf of a foreign professional who had waited more than a year for a Critical Skills Work Visa despite being eligible.

“DHA refused the visa in August 2023 and failed to adjudicate the subsequent appeal. Within 30 days, we approached the court who set aside the refusal and ordered the immediate issuance of the visa.”

Where delays persist, litigation remains one of the most effective mechanisms for compelling a decision and securing legal certainty before protections lapse.

In practice, Visa Litigation Services has seen a steady rise in applicants pursuing legal remedies since the start of 2026, largely due to what is viewed as poor adjudication by DHA.

Many applications that fully comply with regulatory requirements are nonetheless rejected, forcing applicants to pursue legal recourse.

“Recent court outcomes demonstrate that correctly prepared, compliant applications consistently withstand judicial scrutiny,” said Visa Litigation Services.

In several instances, courts have overturned refusals and directly ordered DHA to issue visas or permits, underscoring systemic adjudication failures rather than applicant non-compliance.

Travel risks persist

While the extended concession allows affected applicants to remain in, or depart and re-enter South Africa without being declared undesirable, travelling during this period is not without risk.

Applicants who are from visa-exempt countries are allowed to depart from and re-enter South Africa freely.

On the other hand, applicants who are not from visa-exempt countries may depart South Africa freely but must obtain a Visitor’s Visa under section 11(1) of the Immigration Act.

This can be obtained from their country of origin or from a country where they hold long-term residence in order to re-enter. Unfortunately, Visa Litigation Services said enforcement at ports of entry remains very inconsistent.

Officials from the Border Management Authority (BMA) are not always fully aligned with the latest concessions or their practical application.

This can result in delays, additional questioning, or even refusal of entry despite valid supporting documentation. Xpatweb Senior Immigration Consultant, Aadil Wadee, advised applicants to exercise caution when travelling.

“Given the possible uncertainty at border level, seeking professional guidance before travelling can help mitigate unnecessary complications by compiling documentation that will meet the expectations of officials on the ground.”

For applicants facing undue delays with application outcomes or refusals, legal intervention remains a structured route to finality, particularly for legacy cases where delays persist.

Professional legal guidance is critical for navigating South Africa’s immigration system and securing timely resolutions.