IMCOSA Newsletter – Immigration enforcement intensifies: Compliance for employers, policy updates, and more
Dear Clients, Partners and Friends,
The past few months have been deeply unsettling for many foreign nationals in South Africa, particularly those from elsewhere on the African continent, as well as for their employers, families, and communities. Anti-migrant demonstrations have created fear and uncertainty, affecting even those who are lawfully present and properly documented.
The issues underlying these developments are complex. Genuine frustrations over service delivery, economic opportunities, and access to resources exist. However, these concerns are often misdirected at vulnerable foreign nationals, and irregular immigration status is frequently conflated with criminality. At the same time, South Africa’s asylum and immigration systems have long faced significant challenges and abuse, contributing to public concern and policy pressures.
Sustainable solutions will require a careful balance between humanitarian considerations and responsiveness to broader social and economic realities.
In other news, government continues to pursue various reforms and innovations, bringing a mix of positive and challenging developments.
In this edition we cover:
• Employer compliance amid increased immigration enforcement
• Medical certificates to be abolished
• Government advances implementation of the White Paper
• Processing delays persist as adjudication quality declines
For more information, scroll down, visit our website or follow us on LinkedIn and Facebook for live updates.
Yours sincerely,
Julia and the IMCOSA Team
Employer compliance amid increased immigration enforcement
Immigration enforcement has intensified in recent months and is expected to remain a priority. Employers who fail to comply with immigration legislation may face significant fines and even imprisonment. Employees without the required status risk arrest, deportation, and being declared undesirable.
Employers should take the following steps to minimise risk:
1. Collate – and keep up to date – accurate records of all staff confirming their right to be in the country and to work.
2. Verify that documents are a) authentic, b) valid, and c) authorise the holder to perform their dutiesfor their employer.
3. Rectify any inconsistencies.
4. Plan ahead by following steps 1 and 2 during the recruitment process.
Points to be aware of:
A. There are many different visa and permit categories which all have different conditions in terms of the activities they permit.
B. The visa or permit itself does not always reflect the holder’s complete legal position. Ministerial directives may temporarily extend rights or modify conditions. Cases must be assessed individually for their merit.
C. Fraudulent and fraudulently obtained immigration documents remain common.
D. The chances of securing a visa with the right to work for unskilled positions are generally low, with some exceptions.
E. An employee’s lack of the required status and documentation does not exempt employers from following correct procedures under labour laws.
Given the complexity of South African immigration law, professional advice is strongly recommended before making employment or compliance decisions.
Medical certificates to be abolished
The Department of Home Affairs has taken a significant step towards further simplifying visa and immigration processes.
As per Ministerial Directive on 8 July 2026 (in its amended version circulated on 17 July 2026), applicants no longer need to provide a medical certificate as part of their supporting documents.
Although the directive was withdrawn shortly after its first publication because of an administrative error,and the second version contains further errors, it is expected that this change will come into effect shortly.
What this means for applicants: Once the corrected directive takes effect, medical certificates will no longer be required for any applications.
For any questions, please reach out to the IMCOSA team.
Government advances implementation of the White Paper
In our Newsletter of April 2026, we reported in detail on the changes to the visa, immigration and citizenship landscape in South Africa proposed in the White Paper on Citizenship, Immigration and Refugee Protection.
As anticipated, government has moved quickly to begin implementing these proposals. The Inter-Ministerial Committee on Migration has recently announced that the draft bill will be published for public comment within the year 2026. Major changes could therefore become a reality in the course of 2027.
Important measures taken and planned for include:
• Improved adjudication quality: In our view, this is urgently needed, see article below.
• Digitized and inter-agency data sharing to verify supporting documents and detect fraud: The current verification process has created significant practical and legal challenges, contributing to avoidable rejections and delays.
• Monitoring of visa holders adhering to requirements after receipt of visas or permits: It will require applicants to comply with their visa and permit conditions long-term.
• ETA (Electronic Travel Authorisation) roll-out: Digital visa applications will be phased in within the coming three years.
• Smart ID and passport applications through bank branches: To find your nearest participating bank branch, and to be informed as more branches are activated, visit www.dha.gov.za/banks.
What this means: Although no legislative changes have taken effect yet, prospective applicants should expect significant reforms during 2027.
Processing delays persist as adjudication quality declines
The Department of Home Affairs has published unchanged target processing timelines for 2026/2027. While the Department’s targets remain lengthy in several categories, our experience indicates that actual processing times frequently exceed even these targets.
A positive trend has been detected for permanent residence applications based on retirement and financial independence, with a significant number of results received within 8-12 months.
We continue to see a decline in adjudication quality across the industry, with an increasing number of decisions that appear inconsistent with the law or unsupported by the facts presented. Although difficult to predict due to the nature of the rejections, we continuously refine our advice based on current adjudication trends, helping clients minimise risk and prepare the strongest possible applications.
For questions regarding active or planned applications, please contact us directly.