IMCOSA Newsletter – Changes in visa, immigration & citizenship laws, updated travel exemptions, beware 60-day rule, and more
Dear Clients, Partners and Friends,
Many of us entered the year 2026 in the hope that it would be better than the last. On the global stage, this has not entirely proven to be the case. However, while economic challenges elsewhere often reach South Africa with some delay, the country is currently perceived as something of safe haven, largely removed from major international conflicts. Tourist numbers since the start of the year have been high, and we continue to see sustained interest in relocation to South Africa.
Locally, the steady stream of changes in policy and procedure relating to visas, immigration and citizenship continues. Below is a summary of some of the most important developments:
• White Paper on Immigration, Citizenship and Asylum moving towards implementation – do not be caught on the back foot
• Free travel for long-term visa, appeal and waiver applicants until 30 June 2027
• Late application rejections (60-day rule)
• Hundreds of South African citizenships restored via the new portal for South Africans abroad
• Immigration crackdowns – onus on employers
• VFS update – Cape Town office relocation & premium remote service
• Government processing timelines – commitment vs practice
For more information, scroll down, visit our website or follow us on LinkedIn and Facebook for live updates (links below).
Yours sincerely,
Julia and the IMCOSA Team
White Paper on Immigration, Citizenship and Asylum moving towards implementation – do not be caught on the back foot
The White Paper on Citizenship, Immigration and Refugee Protection (CIRP), published on 12 December 2025, has now – following public consultation and only minimal amendments – been approved by Cabinet on 26 March 2026. The rapid turnaround suggests a clear intention by government to implement the policywithout delay.
New and potentially far-reaching changes to visa, immigration, citizenship and asylum frameworks maytherefore be introduced within as little as 12-24 months (subject to legislative processes), with partial implementation possible sooner.
Key proposals to monitor (once legislation has been drafted):
1. Citizenship by naturalisation
Citizenship by naturalisation may become available at any time (rather than only after 5 years of permanent residence in the country) based on a points system considering economic, social and skills contributions. Applications may be limited to an annual window between January and March.
2. Asylum
The internationally recognised first-country principle may be applied, disallowing asylum applications where applicants have transited through other safe countries before entering South Africa. This wouldsignificantly reduce the number of asylum seekers and refugees in the country.
3. Permanent residence
A merit-based points system considering economic, social and skills contributions to the country is expected to apply to permanent residence applications across all or most categories, with possibleannual quotas and defined application windows.
4. Work visas
The Critical Skills Visa and the General Work Visa may be replaced by a points-based Skilled Worker Visa, employer-sponsored and accessible across all skills/education/experience levels.
5. Retirement
A minimum age of 55 may be introduced, alongside increased financial thresholds. Age exemptions may be available for high net-worth younger applicants.
6. Financial independence
Financially independent applicants may be limited to temporary visas and required to invest a portion of their net worth in South Africa. Permanent residence would still be open to them via the points-based system.
7. Points-Based system factors
• Skills: qualifications and expertise in critical skills areas
• Economic: job creation, business investment, contribution to economic growth
• Social: meaningful community service, research, innovation
8. Accompanying spouses
Dependents accompanying visa holders will continue to qualify for respective residence visas. To work, spouses will still need their own visas but those accompanying work visa holders may enjoyrelaxed conditions.
9. Overstay
Administrative fines may replace re-entry bans for overstaying, payable prior to re-entry.
Who needs to take action?
Various pathways to visas, permanent residence and citizenship are set to be changed, tightened or closed. Those considering an application and meeting the current criteria, should make it as soon as possible. If the changes are implemented before their application is handed in, they may no longer qualify at all or may have to start preparing a new set of documents.
Applicants for the following are particularly warned:
• Retirement visas or permits
• Financial independence permanent residence
• Critical skills or general work visas
• Citizenship by naturalisation (after 5 years of permanent residence)
• Citizenship by naturalisation (at age 18) based on being born in South Africa
It is advisable to seek professional help from a FIPSA-registered Immigration Practitioner, attorney or advocate.
Free travel for long-term visa, appeal and waiver applicants until 30 June 2027
Shortly before the previous travel exemption expired, it was extended on 30 March 2026. The directiveprotects applicants affected by processing delays at the Department of Home Affairs.
As it stands, applicants who submitted waiver or long-term visa applications, or appeals, on or before 30 March 2026, and are still awaiting their outcomes may remain in South Africa under the conditions of their last visas, OR leave the country by 30 June 2027 without being banned from returning.
Outstanding question:
It remains unclear whether applicants submitting after 30 March 2026 will be covered.
Important:
Short-term visitors extending 30- or 90-day visas are NOT protected. Departure prior to approval is likely to result in a re-entry ban of one year or longer.
Exception: Applicants awaiting appeal outcomes for rejected short-term extensions (pending for more than three months as at 30 March 2026) may depart until 30 April 2026 without penalty.
Warning:
Travel rules are subject to frequent change. Many travellers have incurred bans unintentionally. Always seek advice before departure.
Late application rejections (60-day rule)
Rejections for “late” in-country applications (i.e. less than 60 days prior to expiry of previous visa) continue to affect unsuspecting travelers and temporary residents , with virtually no exceptions.
Practical implications:
• Seasonal visitors and long-term tourists: Submit extension applications within 30 days from arrival.
• Visa holders (employees, spouses, retirees, students, etc.): Begin preparations for your extensions or change applications 6-9 months before your visa expiry.
If in doubt – or already running out of time – seek expert advice immediately.
Hundreds of South African citizenships restored
Former South Africans who lost citizenship upon acquiring another nationality may now restore it via theCitizenship Reinstatement Portal, using digital authentication and biometric verification (go to https://myhomeaffairsonline.dha.gov.za/).
Where citizenship was never formally revoked, confirmation is issued instantly. Where it was revoked, reinstatement steps can be taken immediately.
Those who voluntarily renounced their South African citizenship are excluded from this process.
Immigration crackdowns – onus on employers
In response to increased public pressure, government has intensified enforcement of immigration and labour compliance. Over 7,600 businesses were inspected in the past year, with approximately 2,100 employers charged for employing undocumented foreign nationals.
Employers must ensure all foreign employees hold valid authorisation. Professional audits and compliance support are strongly advised.
VFS update – Cape Town office relocation & premium remote service
New address:
3rd Floor Offices, Stadium on Main
99 Main Road, Claremont, Cape Town 8001
To avoid queues, applications can be submitted remotely via IMCOSA for an additional VFS fee of
R 2,500 per applicant (compared to R 650 for Premium Lounge service). Contact our team for details.
Government processing timelines – commitment vs practice
In December 2025, the Department of Home Affairs unexpectedly published target processing timelines. While some are ambitious and currently unmet, others are excessively long. The circular does not clarify whether timelines refer to calendar or working days.
In practice, delays persist across most categories. The following estimates are based on IMCOSA and industry experience and are provided for guidance only:
| Category | Practice as per IMCOSA and industry experience | Commitment by DHA |
| Tourist visa extensions | 1-4 months | 60 days |
| Critical skills & general work visas | 1-2 months | 4 weeks |
| Business visas | 4 months | 8 weeks |
| Study visas | 1-3 months | 60 days |
| Spousal and relatives visas | 4-9 months | 120 days |
| Other visa categories | 2-6 months | 120 days (retirement) |
| Overseas visa applications | 2-16 weeks | N/A |
| Permanent residence: critical skills, work, and business | 7-12 months | 8 months |
| Permanent residence: other | 18-36 months and longer (with some positive exceptions) | 12 months |
| Appeals | 8-12 months and longer | 180 days (first appeal); 240 days (second appeal) |
| Citizenship | Select processes: 6-12 months and longer, naturalization 2-4 years | N/A |
| Waiver (temporary residence) | 10 months and longerZEP holders up to 3 years+ | 120 days |
| Waiver (permanent residence) | 9-18 months | 12 months |
Success Rate
The Department of Home Affairs has indicated rejection rates of approximately:
• 70% for Critical Skills Visas
• 85% for General Work Visas
• 30–50% for Intra-Company Transfer Visas
By comparison, IMCOSA-prepared applications maintain a rejection rate of below 5%.
Most rejections currently relate to the unannounced 60-day rule, although arbitrary decisions on other grounds still occur. Our advice is continuously adapted to current trends and communicated transparently, minimising risk.
For questions regarding active or planned applications, please contact us directly.