Here  detailed explanation of once a waiver application is made in terms of south africa immigration act is a person deemed to be legal in south africa and is the correct procedure to apply simultaneously for temporary residence visa status what the rights of residency meaning legal status or work status if only this document was applied for as this waiver application is very popular amongst Zimbabweans who are not ZEP holders . Specifically I address the point of if they only have applied for a waiver application and have the receipt from VFS are they legal in SAExplanation of Waiver Applications in South Africa and Legal Status if only a waiver is applied and not temporary residence In South Africa, the Immigration Act 13 of 2002 governs the entry, stay, and departure of foreign nationals. A waiver application is a formal request to the Department of Home Affairs (DHA) to waive certain requirements for a visa or permit. This is particularly relevant for Zimbabweans who do not qualify for standard visas or permits but have compelling reasons to remain in South Africa. Below is a detailed explanation of the legal implications of a waiver application, the correct procedure for applying for temporary residence, and the rights associated with residency and work status.1. Legal Status After Submitting a Waiver ApplicationIs a Person Deemed Legal in South Africa with a Waiver Application Receipt?•No, submitting a waiver application does not automatically grant legal status in South Africa. The receipt from VFS (the agency that handles visa and waiver applications) only confirms that the application has been submitted and is being processed. It does not confer any legal rights to reside or work in the country.During the processing period, the applicant remains in the same legal status they were in before submitting the waiver application. If they were undocumented or on an expired visa, they are still considered to be in violation of immigration laws.The waiver application is merely a request to waive certain requirements for a visa or permit. It is not a visa or permit itself.2. Correct Procedure: Applying for a Waiver and Temporary Residence VisaCan You Apply for a Temporary Residence Visa Simultaneously? No, you cannot apply for a temporary residence visa (e.g., work visa, study visa, or business visa) until the waiver application has been approved. The waiver application is a prerequisite for certain visas if the applicant does not meet the standard requirements.The correct procedure is:1.Submit a waiver application to the DHA, providing reasons why the standard visa requirements should be waived.2.Wait for the waiver to be approved. This process can take several months.3.Once the waiver is approved, apply for the relevant temporary residence visa (e.g., work visa, study visa, or critical skills visa).What Happens While Waiting for the Waiver Decision?While waiting for the waiver decision, the applicants legal status depends on their current situation:oIf they were previously on a valid visa (e.g., ZEP), they may be covered under the grace period announced by the DHA.oIf they were undocumented or on an expired visa, they remain in violation of immigration laws and are at risk of deportation.3. Rights of Residency and Work Status with Only a Waiver Application Residency Status A waiver application receipt does not grant residency rights. The applicant is not considered a legal resident until they have been granted a visa or permit.If the waiver is approved and the applicant successfully applies for a temporary residence visa, they gain legal residency for the duration of the visa.Work Status A waiver application receipt does not grant the right to work. Working without a valid work visa is illegal and can result in deportation or being declared an `undesirable person.`If the waiver is approved and the applicant obtains a work visa, they can legally work in South Africa for the duration of the visa.4. Why is the Waiver Application Popular Among Zimbabweans?The waiver application is particularly popular among Zimbabweans for the following reasons:1.Expiration of ZEP: The Zimbabwean Exemption Permit (ZEP) allowed thousands of Zimbabweans to live and work legally in South Africa. However, its discontinuation left many without a clear path to regularization.2.Lack of Documentation: Many Zimbabweans do not meet the standard requirements for visas (e.g., proof of employment, qualifications, or financial means), making the waiver application a viable option.3.Desire for Legal Status: A waiver application is seen as a way to avoid deportation and gain legal status, even if it is a temporary solution.5. Risks and Challenges of Relying Solely on a Waiver Application1.No Guarantee of Approval: There is no guarantee that the waiver will be approved. If rejected, the applicant remains undocumented and at risk of deportation.2.Lengthy Processing Times: Waiver applications can take months to process, during which the applicant has no legal status.3.Exploitation and Vulnerability: Undocumented individuals are often exploited by employers and may face difficulties accessing basic services like healthcare and education.6. Practical Advice for Zimbabweans Applying for a Waiver1.Seek Legal Advice: Immigration laws are complex, and professional guidance can help ensure that the application is correctly prepared and submitted.2.Gather Supporting Documents: Provide compelling evidence to support the waiver request, such as proof of long-term residence in South Africa, employment, or family ties.3.Monitor Application Status: Regularly check the status of the waiver application through VFS or the DHA.4.Plan for Contingencies: If the waiver is denied, explore other legal options, such as applying for asylum (if applicable) or preparing to return to Zimbabwe.ConclusionA waiver application is a critical step for Zimbabweans seeking to regularize their stay in South Africa, but it does not automatically grant legal status. The receipt from VFS only confirms that the application has been submitted and does not confer any rights to reside or work in the country. To gain legal residency and work rights, the waiver must first be approved, followed by a successful application for a temporary residence visa. During the processing period, applicants remain vulnerable to deportation and exploitation, highlighting the importance of seeking legal advice and exploring all available options.