By: Xpatweb
In his first official act as the newly appointed Minister of Home Affairs, Leon Schreiber, just one day after being sworn in, has extended the temporary concession for foreign nationals awaiting the outcomes of their visa, waiver, and appeal applications.
On July 4, 2024, the Department of Home Affairs confirmed that long-term visa holders in South Africa have been granted legal permission to remain in the Republic of South Africa until 31 December 2024. This decision is communicated 4 days after the expiration of the previously granted extension.
The delay in the announcement had left many in a panicked state, as they feared that they would be required to depart the Republic of South Africa in the absence of a concession granting them extended status.
Minister Schreiber has committed to avoid a repeat of the current situation that has seen the previous concession expire prior to the extension being announced. The Minister has undertaken that any further extension, modification or amendment to the terms of these concessions will be communicated in writing prior to the new expiry date of 31 December 2024.
The Directive issued by the Department of Home Affairs introduces the below measures with immediate effect:
1. For foreign nationals awaiting outcomes on their waiver applications:
Visa holders with pending waiver applications as of 30 June 2024, will receive a temporary extension until 31 December 2024. This extension allows the Department of Home Affairs to process their applications and enables applicants to receive their decisions and apply for appropriate visas. Visa holders who need to travel but are awaiting the outcome of a waiver application, will be allowed to exit and re-enter at a port of entry up to and including 31 December 2024, without being declared undesirable. However, non-visa exempt applicants who travel out of the country with a waiver application receipt, are required to apply for a port of entry visa which would allow them re-entry into South Africa.
2. For foreign nationals whose visa applications are still pending:
Long-term visa holders (for work, business, study, relatives, and accompanying spouses) whose applications remain pending as of 30 June 2024, will be granted a temporary extension until 31 December 2024. Thereby, maintaining their current visa status. However, these foreign nationals are restricted from engaging in any activities beyond those permitted by their existing visa conditions. Visa holders who need to travel but are awaiting the outcome of a long-term visa application, will be allowed to exit and re-enter at a port of entry up to and including 31 June 2024, without being declared undesirable. However, non-visa exempt applicants who travel out of the country with a long-term visa application receipt, are required to apply for a port of entry visa which would allow them re-entry into South Africa.
3. For foreign nationals whose appeal applications are still pending:
Visa holders who have appealed a negative decision on an application for a long-term visas will receive a temporary extension until 31 December 2024. Visa appeal applicants who need to travel but are awaiting the outcome of an appeal application for a long-term visa, will be allowed to exit and re-enter at a port of entry up to and including 31 December 2024, without being declared undesirable. Non-visa exempt appeal applicants who travel out of the country with an appeal application receipt, are required to apply for a port of entry visa which would allow them re-entry into South Africa. All appeal applicants are required to produce a copy of the rejection letter with a receipt for the appeal application on departure and re-entry into South Africa.
4. For short-term visa holders with visas valid for less than 90 days:
Short terms visa holders who have applied for a renewal of their visa but have not receive the renewal outcome must make the necessary arrangements to depart from south Africa within 90 days from date of expiry of the principal visa, to avoid being declared undesirable.
The newly issued concession is in line with provisions of Section 11(1)(a) of the act which limits the duration of sojourn for visiting purposes to a total of 180 days.
The above measures only apply to foreign nationals that have been legally admitted into South Africa and to applicants who have submitted an application via VFS Global and who are able to produce a verifiable receipt for their applications which may be tracked on the VFS Global tracking system.
New Minister Commitment
Minister Schreiber's immediate action to extend the concession for foreign nationals underscores a strong commitment to addressing current inefficiencies within the Department of Home Affairs. By protecting applicants from adverse consequences and ensuring timely communication of any future changes, the Minister demonstrates a clear vision to enhance South Africa's attractiveness for international talent, investment, and tourism. This is a positive step towards revitalizing the visa system and positioning the Department as a key player in driving economic growth and job creation in South Africa.
* The Xpatweb team consists of experienced and highly educated individuals who share a passion for specialised solutions in the expatriation and international mobility sector.
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