Dear Clients, Partners and Friends,
As per our notification on the IMCOSA website (https://imcosa.co.za/news/1027-exemption-again-extended.html), the Minister of Home Affairs has once again extended the exemption of persons awaiting outcomes of their waiver and visa applications within South Africa. In acknowledgement of the persistent backlogs in the processing of visa applications within South Africa (over 62 000 at this point), persons who (entered the country legally and) applied for waivers or temporary residence visas before 31 March 2023, may continue their activities as per their last visas OR leave the country without being declared undesirable – even if their last visas have already expired. It appears that for those awaiting long-term visas, this exemption is valid until 31 December 2023. Tourists who have applied for extensions of their 30- or 90-day visas and not received a result prior to their departure, received an exemption only until 30 April 2023. They will therefore have to leave the country by then to avoid being banned from re-entry.
As is becoming the norm with communication and action from the Department of Home Affairs, the Minister`s directive contains ambiguities and errors. This is a summary of some key questions that arise from these, and at assisting you with interpreting the directive:
1. I have made an application for a retired person / relatives visa, which is not listed in the directive. Do I still benefit from the exemption?
Some long-term visa categories were omitted from the directive seemingly in error. A corrected directive appears to be in the works and is expected to be published soon.
2. The directive says that those who received visas for “less than 90 days”, have to leave by 30 April 2023. I received a tourist visa for exactly 90 days. Can I stay until 31 December 2023?
No. The context suggests that the directive was meant to refer to holders of visas valid for “up to” and not “less than” 90 days.
3. I have made an application for extension of my tourist visa. Do I need to leave the country by 31 March 2023? No. As long as you have made an application before 31 March, you can stay in the country until you receive a result. If you need to leave after 30 April and before you receive a result, or if your result does not come out before the maximum time that you qualify for, then you run the risk of being banned from re-entry for 12 months.
4. I have made my application for a tourist visa extension and applied for an extension until May/June. Do I still need to leave by 30 April?
Essentially yes. In effect, those who have applied more recently are being prejudiced and unable to benefit from up to 2 months of potential visa validity without risking a ban. This disadvantage is caused by Home Affairs` fault and not justifiable, reasonable or fair. One hopes that a corrected directive will also address this injustice. IMCOSA has made a request to this effect.
5. Will I get a refund of the VFS and DHA application fees, seeing that my visit has been cut short by Home Affair`s inability to process my application in time?
No. VFS and DHA will not entertain any refunds.
6. I arrived in South Africa with a tourist visa valid for 30/90 days and applied for a long-term (spousal or relatives) visa from here. Do I have to leave by 30 April, or can I stay until 31 December?
The directive is ambiguous when it comes to this point. The context and overall intention of the directive suggests that you fall under the exemption until 31 December 2023. One may hope that this point, too, will be clarified in a corrected version of the directive. IMCOSA will attempt to find out more an keep you updated.
7. I previously held a ZEP (Zimbabwe Exemption Permit) and have applied for a visa / waiver before 31 March 2023. Do I benefit from the directive and can stay and continue working / studying / running my business until 31 December 2023?No. The Department of Home Affairs has clarified that ZEP holders fall under a separate system (they hold exemptions rather than visas) and are therefore not covered under the directive.
8. I have applied / will apply for a visa after 1 April 2023. What is my situation?
The exemption was limited to applications lodged before 1 April. A possible logic for this limitation is the assumption that the backlog will be cleared soon, or that more recent applications will be processed faster. Seeing that Home Affairs has admitted before parliament that it will only clear its backlog by mid-2024, one wonders how realistic this assumption is. What does this mean for you?
In principle, you can stay in the country until you receive a result. If you need to leave after expiry of your previous visa and before you receive a result, or if your result does not come out before the maximum time that you qualify for, then you run the risk of being banned from re-entry for 12 months. In general, it is therefore advisable to make applications as early as possible to allow for a processing time of 6-9 months whilst still holding a valid visa. In the case of tourist visa extensions, you may have to take the risk of being banned and having to get the ban uplifted from your home country (we can assist with this).
9. My work / spousal work / volunteer / study / business visa is due to expire, and I will only apply for an extension after 1 April. Will I be allowed to continue working / studying / conducting my business until I receive a result?
The directive expressly allows persons who have applied for long-term visas to continue their activities as per their last visas. This offers some relief, but does not help those who have applied for a change of status or conditions (e.g. change of employer or university). Similarly, those who make their applications after 1 April are currently not protected by the directive and may encounter difficulties with their banks, employers or universities when their previous visas expire whilst their applications are still pending.
IMCOSA will continue to seek clarity on the above points and will keep you informed. Please visit our website (https://imcosa.co.za/news.html) regularly for updates. For individual advice and consultations, please contact our team.
