On 1 December 2023, the former Minister of Home Affairs (Minister), Dr Aaron Motsoaledi, announced his decision to grant an exemption to foreign nationals in possession of either a Zimbabwean Exemption Permit (ZEP) or a Lesotho Exemption Permit (LEP). At a glance On 1 December 2023, the validity of Zimbabwean Exemption Permits (ZEPs) and Lesotho Exemption Permits (LEPs) was extended from 29 November 2023 to 29 November 2024.All ZEP and LEP holders are accordingly allowed to continue working and residing in South Africa until at least 29 November 2024, unless they obtain new exemption permits that will allow them to reside and work in South Africa as if they were permanent residents until 29 November 2025. It remains to be seen whether current Minister of Home Affairs, Dr Leon Schreiber, will extend their status after 29 November 2024.In terms of the announcement, the Minister extended the validity of ZEPs and LEPs for an additional period of 12 months i.e. from 29 November 2023 to 29 November 2024, which decision was gazetted on 4 December 2023. The purpose of this extension was to allow holders of a ZEP or LEP an opportunity to apply for a new exemption permit that would be issued with an expiry date of 29 November 2025.All ZEP and LEP holders are accordingly allowed to continue working and residing in South Africa until at least 29 November 2024, unless they obtain new exemption permits that will allow them to reside and work in South Africa as if they were permanent residents until 29 November 2025.What this means for employers is that should ZEP or LEP holders not have applied for and obtained an extension of their respective permit, they will not be legally authorised to work in South Africa after 29 November 2024 unless they fall withing the category of ZEP holders who have pending waiver and visa applications.It remains to be seen whether current Minister, Dr Leon Schreiber, will extend their status after 29 November 2024.

Home Affairs Minister Leon Schreiber has introduced a rule to deliver the outcomes of visa waiver applications digitally via email, marking a significant step towards the department of Home Affair`s (DHA) digital transformation.This initiative follows Schreibers recent alert regarding the critical condition of the department, which he has flagged as a national security issue.In his address to Parliaments portfolio committee on Home Affairs last week, Schreiber emphasised the pressing need for a thorough digital overhaul within the department.He pointed out that the problems confronting the DHA extend beyond administrative concerns and reflect a more profound systemic crisis.The minister called on Parliament to back the proposed digital transformation as an essential step to ensure national security. Schrieber said the first phase of this rollout targets holders of Zimbabwe Exemption Permits (ZEPs), who will now receive their waiver application outcomes digitally, effective immediately. Over time, this digital-first approach will be extended to other applicants within the visa and permit regime. This means that applicants will no longer need to visit a DHA branch to collect physical, paper-based copies of their waiver letters. Instead, they will receive digital waiver letters in PDF format through email, which can be used to submit mainstream visa applications, he said.While this step on its own may be a small one, it is still meaningful as part of our larger quest to clamp down on corruption and enhance efficiency of services by transforming Home Affairs into a digital-first department. This simple embrace of a digital approach to processing waivers has also significantly accelerated our work to clear the permitting backlog that dates back a decade, which started out at over 306,000 unprocessed applications.According to Schreiber, the digital transformation has already led to the effective processing of 60,582 outstanding ZEP waiver applications, many of which date back to 2022.Another 22,529 ZEP waiver applications are set to be processed soon, further reducing the backlog and freeing up valuable resources in a department that has been financially gutted to the point of having only 40% of the staff resources. This step illustrates our absolute determination to use technology to do more with the little we have, he said.Dwayne Esau, spokesperson for the Department of Home Affairs, reassured applicants about the new process.We understand that some applicants might be wary of receiving their outcomes digitally via email, but we want to assure them that this method is secure and reliable. However, for those who still prefer to collect hard copies of their ZEP waiver letters at branches, that option remains available.

The short answer
Here is how to apply for a critical skills visa.

The whole question
I have been an asylum seeker for 13 years.
I saw an article on GroundUp that asylum seekers can apply for permanent residence or other forms of permits.  I have a certificate in telecommunications.
How do I go about this?

The long answer
The Constitutional Court ruled in 2018 that any foreigner, including refugees and asylum seekers, could apply for temporary or permanent residence, and that this could be granted if the person fulfilled the requirements of the Immigration Act.

A person applying for permanent residence can apply from inside the country; a person applying for temporary residence has to apply from outside of the country, but you can get an exemption from this by applying to Home Affairs. (This is called a Waiver of Regulation 9(5)). VSF Global, the company that processes applications for Home Affairs, says that it will immediately accept submissions at all their offices for exemptions from having to apply for temporary residence from outside the country. A temporary residence visa includes a study visa, a business visa, a critical skills visa and a spousal visa. All of these will have different qualifications.
To apply for Temporary or Permanent Residency, you need to have the following documents ready:
•    Proof of residence or spousal citizenship in South Africa
•    Government issued Marriage Certificate (if you are married)
•    A letter of support from the partner that holds citizenship/permanent residency
•    Proof of current mental records and well-being
•    A completed temporary or permanent residency application form

To apply for a critical skills visa, you need to apply online through VFS Global.
You will need to prove that you qualify for the critical skills visa by showing that your occupation is on the critical skills list.

This is what is on the critical skills 2019 list under Information Technology and Communication:
CISCO Solution Specialist Network Analyst CISCO Engineers Integrated Developers (PHP, Perl, Java ) System Integration Specialist Data Centre Operations IT Security Specialist Enterprise Architecture Microsoft System Engineers AV Specialists (Anti-virus) Network Specialist (Security) Database Specialists Desktop Support Engineer Network Controllers Solutions Architects in Telecommunications and ICT 5.

You will need to submit a birth certificate, a medical certificate and a radiological certificate (to prove that you don’t have TB). Both the medical and radiological certificates must not be older than six months.

Your passport must be valid for 30 days after your current permit expires.
VSF will submit your application to Home Affairs and they will process it, which is supposed to take about eight to ten weeks, though it could well take longer. You will be notified by VSF to collect the outcome.
If you succeed, the critical skills visa will be valid for up to five years, though you will have to find employment within the first twelve months and notify Home Affairs of this. Once you have completed five years of employment, you can apply for a permanent resident visa.

The short answer
You need to apply at the nearest Refugee Reception Office, but all the offices are closed during lockdown.

The whole question
For example, where can the applications be made and when are the offices open?

The long answer
There are five Refugee Reception Offices (RROs): in Pretoria (Marabastad), Johannesburg (Crown Mines), Durban (Greyville), Cape Town (Maitland) and Port Elizabeth (North End).

Unfortunately although open  all the Refugee Reception Offices, which asylum seekers are obliged to report to are open and there is an online system which is very cumbersome to operate . Home Affairs has said that they have begun an online renewal process for asylum seekers and refuge documentation, but this process is extremely slow . Home Affairs has also indicated that if your asylum seeker permit has expired from 15 March 2020 onwards, it is considered valid up to 30 June 2021thereafter the person is deemed to be an abandoned asylum seeker .

The asylum application process is as follows: an asylum seeker entering South Africa is issued with a non-renewable section 23 Permit, which is an “asylum transit permit” valid for 14 days. You must present yourself at the nearest RRO to apply for asylum under Section 21 of the Refugee Act. There are always long queues outside the RROs so it’s best to arrive early. It could take several days to actually get inside.

If you don’t have the asylum transit permit ( Section 23 ) you are arrested and brought to court before a judge where you are meant to explain why you did not obtain this Section permit and if he is unhappy about your story your detention is confirmed , you are charged as an illegal foreigner and sent to Lindela repatriation Centre in Pretoria .Often in Court there are no translators or you are not asked if you require one of if you intend to apply for asylum and they you are confirmed as an illegal foreigner .

Currently those that make it pass the immigration inspectorate is simply given a small piece of paper with a handwritten date for an interview date in 18 months time with said piece of paper not even stamped by Home Affairs .
You must give the RRO the following documents:
•    A section 23 permit
•    Any proof of identity from your country of origin
•    A travel document if you have one

At the RRO, there is an “admissibility hearing” where they will help you complete an eligibility form, B1-1590:
•    Your fingerprints are taken, and image and other data are captured
•    A first interview is conducted by a Refugee Reception Officer and the B1-1590 form is completed. In this interview you will be asked to give your name, nationality, ethnic group, religion, the number of people in your family, whether you’ve been to South Africa before, your education and work experience, if you’ve done military service, where you lived, why you left your country, which political organisations you joined. It’s important to remember exactly what you said because they will check to see that your story is the same in the second interview at the RRO.
•    They will open a file for you and you will be given a case number and a file number, which you must write down, in case you lose your permit papers.
•    You will be given a section 22 permit, which is an asylum seeker’s permit. The section 22 permit is valid for three to six months.  

You will have to return to the RRO to renew it again and again until they ask you to come back for the second interview. With this permit, you can work, study and go to the clinics or hospitals in South Africa, and you cannot be deported to your country of origin. You should make a copy of the permit and keep it in a safe place.

The second interview, called the Status Determination hearing, is conducted by a Refugee Status Determination Officer (RSDO). The RSDO will refer to the form you filled in at your first interview and may ask questions to test whether you were telling the truth. The RSDO may ask about all sorts of things in your country of origin – places, languages, cultures and history. You are allowed to have a legal representative at this interview plus your own interpreter, and you can bring witnesses and affidavits from witnesses. Your legal representative is not allowed to participate in the interview, though, and is just there to observe. The RSDO will give you a date to go back to the RRO for the decision about your application, which will be in the form of a letter. This could take some months. In the meantime, you should make sure that your asylum seeker permit is renewed.

If you are granted refugee status, you will be given a section 24 permit or refugee permit, valid for two years. You must renew this permit three months before it expires.

If they refuse you refugee status, depending on the reason, you can appeal within 30 days to the Refugee Appeal Board or the Standing Committee on Refugee Affairs. In that case, it would be best to take legal advice

The short answer
Your frustration with Home Affairs is understandable. You may want to get legal assistance.

The whole question
How can I can assist my partner change his status from asylum seeker to temporary or permanent resident? We have tried everything. We even tried to make an appointment at Home Affairs to get married and two years later we are still waiting for a phone call. What can we do?

The long answer
Thank you for your email asking how you can help your partner to change his status from being an asylum seeker to temporary or permanent resident.

Your frustration with Home Affairs is understandable. So if you can afford an immigration lawyer, it may be a quicker route.
The Constitutional Court ruled in November 2018 that any foreigner, including refugees and asylum seekers, could apply for temporary or permanent residence, and that this could be granted if the person fulfilled the requirements of the Immigration Act.

Also, if you’re the spouse or life partner of a South African citizen, but don’t qualify for study, work or business visas, you have the right to apply for the Spousal Visa which allows you to stay with your South African partner or spouse. This permit can be further endorsed to allow you to work or study or start your own business.

In December 2018, the Immigration Act was amended concerning the rights of spouses in a “permanent homosexual or heterosexual relation”. These are the important points:
•    Applications need to prove to the Director-General that the applicant is a spouse to a citizen or permanent residence permit holder.
•    Applicants need to sign an agreement stating that the permanent homosexual or heterosexual relationship has existed for at least two years before the date of application for a relevant visa and that neither of the parties is a spouse in an existing marriage.
•    Documents detailing the financial support the partners provide to each other need to be provided.
•    Both partners to a permanent homosexual or heterosexual relationship may be interviewed separately, on the same date and time, to determine the authenticity of the existence of their relationship.

Asylum seekers and refugees do have the right to get married in South Africa as long as they meet the Home Affairs marriage requirements. These are essentially:
•    that if you have been married previously, you must show proof of divorce or death of previous partner
•    that you are not a minor (under age of 18)
•    that you are not suffering from severe mental illness which prevents you from understanding what marriage is.
Your partner must also give Home Affairs a valid asylum seeker/refugee permit, as well as a declaration from the police confirming that he is not currently married.

The first step to getting married is to register your intention to marry with Home Affairs and apply for a Department of Home Affairs Marriage Certificate at least three months before your wedding date.
The following documents must be submitted with the Home Affairs marriage forms which are available on request:
•    Identification documents, such as a South African ID card
•    Both passports, if one partner is not South African
•    A completed form, which declares that you are legally allowed to marry
•    Official divorce decree, stamped by the court, if one partner has previously been married
•    Death certificate, if one partner has been widowed

Before a marriage is declared legal in South Africa, couples are required to attend a Home Affairs marriage interview. This is to make sure that both parties are entering the marriage of their own free will. If you don’t attend an interview, the marriage certificate will not be registered and the marriage will be declared null and void.
And if all goes well and you apply for Temporary or Permanent Residency, you need to have the following documents:
•    Proof of residence or spousal citizenship in South Africa
•    Government issued Marriage Certificate (if you are married)
•    A letter of support from the partner that holds citizenship/permanent residency
•    Proof of current mental records and well-being
•    A completed temporary or permanent residency application form