Just a day after being sworn in, the new Minister of Home Affairs, Dr Leon Schreiber, has extended the temporary concession for foreign nationals who are currently awaiting the outcome of visa, waiver and appeal applications.
The extension safeguards applicants, including those who are contributing to South Africa through their scarce skills, from suffering adverse consequences or being erroneously declared undesirable while they await the outcome of applications submitted to the department.
The processing of some of these applications has been delayed as the department works on reducing backlogs.
Backlog in various visa and permit categories
The department has made progress in this regard since its previous communication on the matter. However, there is still a backlog in various visa and permit categories. And Schreiber has now moved to protect applicants while the backlog is reduced.
“The decision to avert adverse consequences for applicants who seek to obtain lawful visas signals the minister’s commitment. Applicants …who seek these in order to contribute to South Africa, either through their skills or as tourists. It’s a commitment to improving the visa system to make South Africa a more attractive destination. The destination for international investment, tourism and job creation,” the Department of Home Affairs said in a statement.
Schreiber was appointed as the Minister of Home Affairs by President Cyril Ramaphosa in an address to the nation on Sunday. A swearing-in ceremony by Deputy President Paul Mashatile and Cabinet members of the Government of National Unity (GNU) followed. This took place on Wednesday.
In a statement on Thursday, the department said that it will take time to achieve this vision in full. However, the decision to extend the temporary concession serves as a signal of intent. The intent to “reinvigorate the Department of Home Affairs and position it as a vital economic enabler”.
Commits to avoid a repeat of current situation
“In order to build confidence in this new approach, Minister Schreiber further commits to avoiding a repeat of the current situation. [The latter] has seen the previous concession expire prior to the extension being announced.”
In addition, the department is committed to eradicating the backlog as soon as possible. And the minister has undertaken a decision on any further extension, modification or amendment. Further extensions to the terms of these concessions will be communicated. This will be communicated in writing prior to the new expiry date of December 31, 2024.
The following temporary measures will apply with immediate effect.
Visa holders who have applied for a waiver and the waiver application is still pending as of June 30, 2024. They are granted a further temporary extension until December 31, 2024. This is to enable the department to process the applications. Also for applicants to collect their outcomes, and to submit applications for appropriate visas.
Those who wish to abandon their waiver applications and depart from South Africa, will be allowed to exit. This will be at a port of entry before or on December 31 2024. This without being declared undesirable in terms of Section 30(1)(h) of the Immigration Act, 2002. Read with Regulation 27(3) of the Immigration Regulations, 2014.
Visa holders who need to travel, but are awaiting the outcome of a waiver application, will be allowed to do so. This will be up to and including December 31, 2024, without being declared undesirable in terms of the Act.
Visa applicants to get a reprieve
Non-visa-exempt applicants who travel out of the country with a waiver application receipt have requirements. They are required to apply for a port of entry visa, which would allow them to re-enter South Africa.
Visa holders who have applied for long-term visas (still pending) as of June 30, 2024, are granted extension. They have a further temporary extension until December 31, 2024, of their current visa status. These are Visitor’s Visas, Business Visas, Study Visas, Relative’s Visas and Work Visas. Applicants are not allowed to engage in any activity other than what the visa conditions provide for.
Visa holders who need to travel but are awaiting the outcome of a long-term visa application will be allowed. They will be allowed to exit and re-enter at a port of entry up to and including December 31, 2024. They will not be declared undesirable in terms of the Immigration Act.
However, non-visa-exempt applicants who travel out of the country with a long-term visa application receipt have other requirements. They are required to apply for a port of entry visa, which would allow them to re-enter South Africa.