Dear Clients, Partners and Friends,
South Africa`s new Minister of Home Affairs, Dr. Leon Schreiber, took office on 1 July 2024 and has already made significant strides. His efforts to address application backlogs, implement technological upgrades, and take action on undocumented migration, reflect his stated support for legitimate immigration that promotes investment and skills transfer into the country whilst not ignoring challenges arising out of informal migration. His policy on the Zimbabwean Exemption Permits (ZEP) aims to strike a balance between humane solutions for persons who have settled in and are contributing to South Africa’s economy and society, and a tough stance on those who do not.
This is good news for employers in need of non-South African expertise and skills, for investors and innovators, for digital nomads, and ZEP holders with jobs. It also means that persons without the correct documentation, as well as their employers, should prepare for consequences.
Today’s update covers:
- A new Minister: So far, so good
- Can I travel home for Christmas without my application result? Key insights on the latest travel waiver
- ZEP holders – Rights and urgent action needed
- Digital Nomad Visa & Points-Based Work Visas – Coming soon?
- Backlogs & processing times: Latest trends
Available on request:
- Good news for parents of South African children post-separation/divorce
- Urgent steps needed by employers of asylum seekers or undocumented migrants
- TTOS – Trusted Tour Operator Scheme for China and India
For more information, scroll down, visit our website or follow us on LinkedIn and Facebook for live updates (links below).
Yours sincerely,
Julia Willand
A new Minister: So far, so good
So far, Dr Leon Schreiber, previously the Shadow Minister of Public Service and Administration, has hit the ground running, showing clear understanding of his department’s challenges and needs.
Immediate action was taken regarding the overdue travel directive and the ZEP situation (more below).
While media reports of a 50% backlog reduction are not yet felt, improvements are noticeable. However, an increase in erroneous rejections due to new staff onboarding poses new challenges.
Minister Schreiber is keen on technological upgrades, though questions remain about AI’s role in visa processing and its potential risks in handling non-standard cases. Encouragingly, communication with stakeholders has improved, and the revival of the Immigration Advisory Board (IAB) highlights the Minister’s inclusive approach.
Some movement in the processing of long-outstanding, and recent, applications has been felt over the past few months. Home Affairs’ backlog project is starting to have an effect. While the 50% backlog reduction reported in the media are yet to be felt, improvements are noticeable. As is typical for these kinds of backlog projects where additional (less trained and/or experienced) capacities are being brought on board, the number of erroneous rejections and unusual outcomes has also risen. These challenges will have to be addressed with urgency to avoid duplicated processes through appeals becoming necessary.
The high number of persons without required documentation to be in South Africa is one of the hot topics that landed in the Minister’s lap. Multi-departmental raids on businesses and buildings, arrests and deportations of, have significantly increased over the past weeks.
Almost to the point of punting it as the silver bullet for all ills, Minister Schreiber has been pushing the line of technological upgrades as being key to fixing the Department. Latest plans to make the entire visa application process AI-based without any human involvement, seem to ignore its potential risks and limited ability in handling non-standard cases and take “fair” decisions in untested circumstances. As tempting as the use of AI is for a department that deals with mass repeat processes, as carefully one will have to consider the kinds of protections and escalation processes that will be required to accommodate the many possible variations and particular circumstances we typically (or untypically) have in this industry and country.
Communication from the Ministry and Department has increased and been encouraging. As stakeholders, we are feeling a renewed sense of inclusion and valuing of our contributions to the functioning of the system. The Minister’s recognition of multiple stakeholders as valuable experts is manifested in his reviving of the Immigration Advisory Board (IAB), which had been sidelined and abandoned for the last years. Having served on the IAB from 2003 to 2007, I have intimate knowledge of the work of this multi-stakeholder forum and am pleased to see it brought back.
Can I travel home for Christmas without my application result? Key insights on the latest travel waiver
To relieve applicants suffering under the persistent backlogs in the processing of visa applications within South Africa, Minister Schreiber once more extended the exemption for persons awaiting outcomes of pending waiver or visa applications and temporary residence appeals. Those who (entered the country legally and) applied for waivers or temporary residence visas, or who have appealed a rejection, and are still awaiting an outcome, may continue their activities as per their last visas, OR leave the country without being declared undesirable, until/before 31 December 2024.
Who falls under this directive?
The wording of the directive is slightly ambiguous regarding one question: Does it relate to applications made on or before 30 June 2024 only, or also to those made thereafter? Different interpretations are being applied by different officials and units. While this question has not been clarified definitively, it is wise to assume that applications made from 1 July 2024 onwards are not covered by the directive.
This means that those who have made their applications after 30 June 2024, are not permitted to continue working, studying or conducting their businesses beyond the conditions and validity of their previous. It also means that they may be declared undesirable if they leave the country after expiry of their previous visas and before the new visa has been issued to them.
ZEP holders – Your rights and urgent need to act (Amended on 1 October 2024)
Since assuming office in early July, Minister of Home Affairs Dr. Leon Schreiber has taken steps to address the Department’s most critical challenges. In one of these, he issued a waiver for ZEP (Zimbabwean Exemption Permit) holders seeking to transition to work visas. ZEP permits will not be extended again once they expire in November 2025. ZEP holders can apply to change to work visas now. The requirements attached to general work visas are extremely stringent and impossible to meet for most ZEP holders. Thousands of ZEP holders therefore applied to be exempted from those stringent requirements. Many of these applications had been pending for 12 months and longer due to capacity constraints. Once processed, they were generally approved. However, in many such approvals not all relevant conditions were waived. The latest waiver exempts all ZEP holders who have applied for and received waivers, from this additional stringent condition.
For ZEP holders with a job offer or work contract, this significantly increases the likelihood of securing a work visa for up to five years, paving the way for potential permanent residence.
Can I continue to work?
If you are in possession of a ZEP permit, you can continue working if you take one of the following steps as soon as possible.
Apply for a new exemption permit ASAP, which will be valid until 29 November 2025. No further extensions will be granted after that, and no application for permanent residence can be made. You will have to leave on or before 29 November 2025. NOTE: From 1 January 2025, no applications for extension will be accepted, and you will not be allowed to work with your current permit. It will take at least 2-3 months from application to receipt of new permit, so in order to continue working, you should make your application urgently.
OR
Apply for a change to a work (or other relevant) visa ASAP. The visa will be issued for up to five years, is extendible and can open up the option for permanent residence after five years. NOTE: Potentially already from 1 December 2024, no applications for change will be accepted, and you will not be allowed to work with your current permit. It will take at least 2-3 months from application to receipt of your visa, so in order to be able to continue working, you should make your application urgently.
How do I apply for a work visa?
If you have a ZEP permit and an employment contract (and waiver, if needed), you can now apply for a work visa through VFS (meeting the relevant conditions). Our consultants have the expertise to assist you with this process so that risks and pitfalls are avoided. Due to the Minister having issued a waiver for ZEP holders, waiving one of the most stringent requirements relating to a general work visa, your chances of success may be good. We will assess these in detail.
Do I need a waiver?
Yes. ZEP holders who are unable to meet the stringent conditions of the general work visa, need to obtain individual exemptions or “waivers” in order to qualify for the visa. These waivers have been taking many months and even years to be processed, and in some cases the results only waived one of the conditions. The Minister has now issued a waiver of the second condition for all ZEP holders who have received individual waivers. Therefore, you can (and must!) apply for a waiver urgently, and as soon as received, make your visa application.
Note: A waiver on its own does not allow a person to work in South Africa. This right only applies to specific scenarios. Our consultants will be able to advise you individually.
Digital Nomad Visa & Points-Based Work Visas – Coming soon?
The new Digital Nomad Visa for sun-seeking remote workers seeking to spend some of their R 1 million per annum salaries in South Africa, although signed into law, still needs to be implemented. As confirmed by Minister Schreiber earlier in September, the hold-up is due to tax questions that are being cleared up and changes to the Regulations that needed to be made accordingly.
Promising changes to the work visa system are set to come with the introduction of the points-based work visa system that will be much more flexible that the current system of “critical skills or nothing”.
As announced on 17 September, the new Regulations containing both changes are to be published and “in operation” within the coming 30 days.
Backlogs, processing times, underlying reasons and trends
There is a positive trend in processing times and results for long-outstanding applications being received, as well as for very recent applications. We cannot confirm the Minister’s claims that 50% of the backlog has been cleared, but are hopeful that many decisions are still being communicated.
As is typical for these kinds of backlog projects where additional (less trained and/or experienced) capacities are being brought on board, the number of erroneous rejections has also risen. One may hope that this is being addressed and will improve.
Below are the latest averages, which should not be relied upon or taken as legal advice. Please speak to your consultant for case-specific estimates.
- Permanent Residence: Critical skills, work and business 6-12 months; all others 3-5 years and longer
- Temporary visa applications: tourist visa extensions 1-3 months; critical skills and business visas 1-3 months; study visas 3-7 months, most others 12 months and more (with some recent exceptions)
- Visa applications abroad: 2-16 weeks, depending on category and location
- Appeals: temporary residence 12 months and more; permanent residence at least 18 months (some now received within 6-9 months)
- Citizenship: certain processes 4-6 months, others significantly longer
While applications managed by IMCOSA still enjoy the highest possible success rate, unfounded rejections are encountered from time to time. By promptly adjusting our advice to changing trends and providing cautious guidance, we manage to keep these cases to a minimum. In the rare case of a rejection, we assist our clients with taking the necessary steps.
For any questions regarding active or planned applications, feel free to reach out to us.