Pending the decision on the asylum application, the extension of an asylum seeker visa must be made at the Refugee Reception Office where the application was submitted. However, in Nbaya, the Western Cape High Court ordered Cape Town RRO to renew or extend asylum seekers’ section 22 permit even though the permit holder had originally applied for asylum at a RRO other than Cape Town. An application for asylum will be deemed to be abandoned if the asylum seeker did not renew his or her asylum seeker visa within 90 days after it has expired: Provided that the asylum seeker advances valid reasons for the non-renewal of the asylum seeker permit.

Abandoned Asylum Seeker
The abandonment provisions provided that in the event that an asylum seeker fails to renew their asylum visa timeously, their applications for asylum are deemed abandoned. Arrest and deportation would follow for individuals with valid and undecided claims for asylum; back to countries of origin where they could face death, torture, sexual violence, and other forms of persecution from which they originally fled, or to countries experiencing grave disturbances to the public order. Only where an asylum seeker has a compelling reason (and proof thereof) for delaying to renew a permit following a lapse (such as hospitalisation or imprisonment) can the Department of Home Affairs pardon the late renewal.

This is deeply problematic as it means that refugees can be returned to face persecution, without ever having the substantive merits of their asylum application determined. It also leaves asylum seekers vulnerable in South Africa as essentially undocumented foreigners who will struggle to access health care, employment and education while they await the decision of whether their reason for late renewal meets the Department of Home Affairs high threshold.

The reality for asylum seekers is that they are frequently required to renew their asylum visas. In the renewal process, they experience extraordinary delays caused by the administrative failures of the Department of Home Affairs. These are often exacerbated by socio-economic factors such as not having the means to travel to far away Refugee Reception Offices as frequently as is required, waiting in long queues at the Refugee Reception Offices, facing corruption from officials who refuse to renew visas without bribes, or the general inefficiency of the Refugee Reception Offices that are over-worked but under-staffed
On in January 2020, Legal practitioners expressed deep concern over the Refugee Amendment Act, which came into force on 1 January 2020. This Act came into force upon the signing and Gazetting of the Refugee Regulations. Several aspects of the new law undermine asylum seekers' and refugees' rights.

Of particular and urgent concern are the so-called 'abandonment clauses'. We are challenging the constitutionality of Sections 22(12) and (13) of the Refugee Amendment Act and Regulation 9 of the Refugee Regulations.

These sections of the Refugee Amendment Act and Regulations effectively mean that the claim of an asylum-seeker in South Africa 'must' be considered 'abandoned' if their asylum seeking visa expires for 30 days or more. If there are no 'compelling reasons' around why an asylum seeker holds and expired permit, these persons would be treated as 'illegal foreigners' and risk facing arrest and deportation. The Refugee Amendment Act also prevents that person from re-applying for asylum in South Africa – which seems to run against international refugee law.

Asylum Seeker Visa Withdrawal
The Director-General of Home Affairs may withdraw an asylum seeker visa if the applicant is or becomes ineligible for asylum. Ineligibility includes the commission of a schedule 2 crime in South Africa, the re-availment of the asylum seeker to the protection of his or her country of origin or the participation in political activities in South Africa. The asylum seeker may make written representations within seven working days following the notification of the intention to withdraw. The Director-General must, after consideration of these representations, furnish the asylum seeker with a final decision regarding the withdrawal of the asylum seeker visa.
How can we help you , please email us to info@samigration.com or whatsapp message me on: +27 82 373 8415, where are you now? check our website : www.samigration.com

HARARE- Zimbabwe has launched a new online visa application system aimed at streamlining immigration procedures and enhancing the country’s appeal to international visitors and investors. The platform, which is part of the broader Online Border Management System (OBMS), allows travellers from visa-required countries to apply for entry electronically—marking a significant shift from the previous paper-based system.

The OBMS, first rolled out in 2024, now includes e-visas, e-permits, and digital travel clearances. These developments form part of the government’s wider digital transformation drive to modernise public services, improve administrative efficiency, and strengthen border security.

Chief Immigration Officer Respect Gono said the new system will make the application process faster, more convenient, and less costly.
“Previously, applicants had to physically visit embassies or consular offices, or send documents by post. Now they can apply from anywhere, at any time,” she told state media. “The major highlights of the OBMS are the e-visas, e-gates, and e-permits.”

The e-visa facility is now fully operational, and citizens of countries requiring prior approval to enter Zimbabwe can access the service via the official immigration website. The platform also allows applicants to track the progress of their applications in real time.

In addition to short-term tourist and business visas, Zimbabwe has expanded the system to support applications for long-term stays. These include residence permits, employment permits, and investment-related authorisations. Gono confirmed that several modules, such as those for temporary employment and investor residence, are already functioning, while others are under development.

The digitisation of immigration services is expected to bring wide-ranging benefits—not only for applicants, but also for government agencies and private sector stakeholders.

“By cutting down processing times and reducing paperwork, the OBMS improves efficiency across the board. It also enhances transparency and allows for better monitoring of border traffic,” Gono added.
Tourism operators and business leaders have welcomed the new system, describing it as a timely and necessary reform that positions Zimbabwe as a more accessible and modern destination.

“We are confident this will have a positive impact on tourism and foreign investment,” said one stakeholder. “Making it easier to visit or invest in Zimbabwe is a crucial step toward boosting economic growth.”
The Zimbabwean government has stated its commitment to continuing the rollout of digital services across sectors, with immigration viewed as a key priority for both national security and economic development.

Sometimes things don’t work out as we planned and often the foreign employee does not feel happy at his employer or maybe they just not suited for the company. Many times they often resign to join a new company or move back to their country of residence.

In times like this, we are often completely clueless about what we need to do once the employee has left the business.
Today, we discuss the steps you need to take when an employee has left the business.

How to cancel a work visa in South Africa?
• How to cancel a work visa in South Africa?
• Why should you inform the Department of Home Affairs once the employee has left?
• Can an employee work for another company with the same work visa?
• What is the correct procedure to follow when an employee joins a new business?
• How can I notify DHA if they are working at the new company illegally?
• The ex-employee has permanent residence status and work for the new business?
• Making use of an immigration practitioner?

The following documentation must be emailed to the Department of Home Affairs:
• Certified copy of the first page of the foreigner’s passport
• Certified copy of the temporary residence visa in the foreigner’s passport indicating the purpose for which the visa was issued
• Letter from the foreigner’s employer/learning institution that the foreigner has left their employment/learning institution
• South African Foreign Offices – to refund repatriation deposits – a copy of the departure stamp in the foreigner’s passport confirming the departure of the person

The documentation must be emailed to the following email address:
• visacompliance@dha.gov.za
NB!! remember that documents should be smaller than 4 megabytes or the email server at the Department of Home Affairs will reject them. A potential workaround is emailing all the documents separately.
Everything is done online and no need to visit an actual DHA office, so this eliminates the need to stand in a queue. The application process is quick via email.

An important aspect to remember is that you need to send all other proof of documents to any accompanying dependents tied to the employee’s visa like a spouse or children. The same documents must be sent to DHA.
It is important to remember that a dependent spouse may not work in South Africa. If you need more information you can read our blog post called Accompanying spouse work visa South Africa can give you the information you need.

Why should you inform the Department of Home Affairs once the employee has left?
When an applicant applies for one of the following temporary residence visa / visas:
1. Critical Skills Visa
2. Corporate Workers Visa
3. Intra Company Transfer Visa
4. General Work Visa

If you are thinking of applying for a work visa, contact us and ask “How much does a work visa cost in South Africa”
The employer submits four undertaking letters taking on the responsibility for the following:
• A written undertaking by the employer accepting responsibility for the costs related to the deportation of the applicant and his or her dependent family members, should it become necessary.
• A written undertaking by the employer to ensure that the passport of his or her employee is valid at all times for the duration of his or her employment.
• An undertaking by the employer to inform the Director-General; should the applicant not comply with the provisions of the Act, or conditions of the visa.
• An undertaking by the employer to inform the Director-General upon the employee no longer being in the employ of such employer or when he or she is employed in a different capacity or role.

So means that the employer must notify the Department of Home Affairs when the employee is in contravention of the abovementioned. Failing to notify DHA could lead to consequences for the company in question.

Can an employee work for another company with the same work visa?
No, the employee is not allowed to work for another company with the same work visa. The Department of Home Affairs endorses the employer’s company name on the visa. It is illegal to work for another company and the new employer will be fined or face imprisonment for doing so.
If you need more information about the consequences of working without a work visa in South Africa. An employee might have a fake work visa and it is important for the new employee how to spot a fake work visa in South Africa.

What is the correct procedure to follow when an employee joins a new business?
• Firstly the ex-employer must notify the Department of Home Affairs that the employee is no longer employed by them.
• The foreign national might have to leave the country and reapply for a new work visa depending on whether their visa is still valid.
• The employee together with the new employer must compile an application for a new work visa and apply through VFS or submit it at the nearest SA embassy or consulate in the country of residence.
• Once they have successfully received their work visa, then only may they work for the company.

How can I notify DHA if they are working at the new company illegally?
If you have proof that your ex-employee is currently working for the new company illegally then you can inform DHA that they are currently working for them:You can email or call the inspectorate of Home Affairs:
DHA is currently cracking down on illegal businesses that are employing illegal foreigners.
The ex-employee has permanent residence status and work for the new business?
Unfortunately, in this instance, there is nothing that you could do to the employee. When an application for permanent residency has been successful, the employee is allowed to work for any business in South Africa.

Permanent residence does not tie an employee to an employer and therefore they have the freedom to work for any South African employer as they wish.

Making use of an immigration practitioner?
Making use of the services of an immigration practitioner can be useful to your business. In an instance like this, your immigration practitioner can prepare the application to notify the Department of Home Affairs that the applicant is no longer in your employ.

How can we help you , please email us to info@samigration.com or whatsapp message me on: +27 82 373 8415, where are you now? check our website : www.samigration.com

Upon application to the Minister of Home Affairs, the Minister may under terms and conditions determined by him or her allow distinguished visitors or members of his/her family to be administered and sojourn in South Africa and or waive any prescribed (regulatory) requirements for good cause and/or grant any foreigner or category of foreigners the rights of permanent residence for a specified or unspecified period when special circumstances exist justifying such a decision.

Who has the power to exempt
S 31(2)(b) provides that the Minister may, upon application, grant a foreigner or a category of foreigners the right of permanent residence for a specified or unspecified period, when special circumstances exist justifying such a decision. The Minister may also exclude a foreigner or a group of ‘identified’ foreigners from such dispensation and may, for good cause, withdraw such right(s) from a foreigner or a category of foreigners. S 31(2)(c) provides that the Minister may for ‘good cause’ waive any prescribed requirement or form, in respect of any such application by a foreigner for the grant of permanent residence.

Does the Act allow for a waiver or exemption
There are a myriad of circumstances that may arise wherein an applicant may apply to the Minister of Home Affairs to grant certain concessions in terms of section 31(2)(b) or under 31(2)(c) under the Immigration Act (the “Act”) that may pertain either to the acquisition of permanent residence “when special circumstances exist” or “for good cause, waive any prescribed requirement or form”.

Who can waive and who has the power to do so
The Minister is empowered in terms of the Immigration Act to “waive” any regulatory requirement or form. A foreigner may apply for such waiver on the basis that “good cause” exists for the granting of such waiver.

So What is a “ good cause “
The term “good cause” has never been defined, either in terms of legislation or by the South African judiciary. In practical terms an applicant must demonstrate that there is compelling justification for the waiving of a regulatory requirement or form, and if the Department of Home Affairs (on behalf of the Minister) determines that a violation of a constitutional right, or an irrational consequence, will arise by a refusal to grant such waiver, waivers are normally granted.
A typical scenario necessitating a waiver under section 31(2)(c) would be where a specific requirement or form is applied to the Minister to be dispensed with.

Here are a few examples of waiver applications:
• A foreigner, sojourning in South Africa, has in the past submitted police clearance certificates from his country of residence of more than 12 months since his 18th One of those countries is Saudi Arabia. Since his last submission to the Department of Home Affairs of his Saudi Arabian police clearance certificate he has never returned to such country. He now intends to apply for permanent residence in South Africa and will, in terms of Immigration Regulation 23(2)(e) require a police clearance certificate from Saudi Arabia. Since he will not be able to acquire a new Saudi Arabian police clearance certificate without, at great expense and inconvenience, returning to that country physically to obtain one, he applies for a waiver from the aforementioned regulatory requirement in relation to a Nigerian ,USA or Saudi Arabia police clearance certificate if perhaps you have not lived there for 10 to 15 years and would have difficulty to obtain same . Such applications have been largely successful.
• A refugee sojourning in South Africa in terms of the Refugees Act wishes to apply for a critical skills work visa in terms of section 19(4) of the

Immigration Act. In terms of Ahmed and Others v Minister of Home Affairs and Another [2018], ZACC 39 an asylum seeker or refugee sojourning in South Africa must first apply for a waiver from the requirements of Immigration Regulation 9, which includes the requirement that any temporary residence visa applicant must submit his or her application in person to a foreign South African mission where such applicant ordinarily resides or holds citizenship. Once the waiver from such requirement is granted only then may the asylum seeker or refugee proceed to submit an application for a temporary residence visa application in South Africa. These waivers must ordinarily be granted otherwise a ruling by the Constitutional Court will be violated.
A regulatory waiver application made in South Africa may take anywhere between 4 – 7 months on average to be processed and adjudicated by the Department of Home Affairs. In order to apply for a waiver the applicant must be in possession of a valid refugee or immigration status.

How can we help you , please email us to info@samigration.com or whatsapp message me on: +27 82 373 8415, where are you now? check our website : www.samigration.com

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