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New Home Affairs Minister scraps punitive visa regime – in a day

New Home Affairs Minister scraps punitive visa regime – in a day
Georgina Crouth
By Georgina Crouth
4 Jul 2024
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The new home affairs minister has extended visa concessions for foreigners in South Africa on work, long-term or other visitor visas.

A day after the DA’s Leon Schreiber was sworn into office as home affairs minister he extended a temporary concession for foreigners with pending visa applications, including those who are appealing against rejections.

The visa concession was necessitated to protect applicants and address ongoing delays in visa processing.

In effect, all foreign workers and holders of long-term visas (including visitor, business, study, relative and work visas) are affected by the extension, which is in place until 31 December. 

The department has struggled for years to reduce backlogs and fight corruption. Some progress has been made but there is still an enormous backlog in the various visa and permit categories, exacerbated by problems with the home affairs systems.

In April, the department revealed in response to a parliamentary question that the visa backlog had increased by 18,000 — from 74,000 in August 2023 to 92,000 on 16 February 2024. At the time, the backlog of visitor visas for spouses married to South Africans was 41,083. The backlog of relatives’ visas was 18,661, which then minister Aaron Motsoaledi blamed on “challenges” around proving legitimate relationships.

Under Motsoaledi, the department scored many own goals, including issuing a directive on 21 December 2023 instructing the Border Management Authority that visitors in SA on short-term visas who hadn’t received an outcome by 23 February 2024 should leave South Africa by 29 February to avoid being banned. That debacle caused tourists to cut short their holidays and cancel trips, while numerous tourists were declared undesirable, despite Motsoaledi’s post-factum assurances that they would not be banned.

In an official statement posted on the home affairs website, he claimed media reports of the bannings were overblown, based on his belief that the Tourism Department had received only one complaint and he had heard of just five other cases at Cape Town International Airport.

Schreiber has inherited a visa backlog believed to be around 145,000.

International investment


In a statement posted on the government website on Thursday, the department said Schreiber’s decision was aimed at averting adverse consequences for those wanting to obtain visas to South Africa, either through their skills or as tourists, which “signals the minister’s commitment to improving the visa system to make South Africa a more attractive destination for international investment, tourism and job creation”. 

The department said it would take time to resolve the problems, but its decision “serves as a signal of intent to reinvigorate the Department of Home Affairs and position it as a vital economic enabler”.

Schreiber has also committed to communicating any potential future concession extensions well in advance (unlike his predecessor). 

On 29 March last year, Motsoaledi granted an extension to long-term visa holders — a mere 48 hours before the visas were to expire. Had that not been done, more than 56,000 businesspeople, foreign staff and other international residents would have been forced to leave the country — or risk deportation — after 31 March. 

What Schreiber’s concession means  


Visa holders who have applied for long-term visas (visitor, business, study, relative and work visas) whose applications were still pending on 30 June have been given a further temporary extension of their current visa status until 31 December. 

If they need to travel but are awaiting the outcome of their application, they will be allowed to exit and re-enter SA freely — as are visa holders with pending waiver applications. 

Those who applied for a waiver which is still pending are granted a temporary extension.

However, non-visa-exempt applicants who travel out of the country with a long-term visa application receipt or a waiver application receipt must apply for an entry visa to return.

If they want to abandon their waiver applications and leave the country, they can do so by the end of the year without being banned.

Those with pending visa appeal applications for long-term visas have a temporary extension. If they wish to travel, they can do so freely and if they abandon their visa appeal application and leave, they won’t be banned.

All appeal applicants must produce a copy of the rejection letter with a receipt for the appeal application on departure and re-entry into South Africa.

Non-visa-exempt appeal applicants who travel out of SA with an appeal application receipt must apply for a port of entry visa.

Short-term visa holders here for 90 days or less, who have applied for a renewal, but have yet to receive an outcome, must leave the country within 90 calendar days from the date of expiry of their principal visa, to avoid being declared undesirable.

This means their stay will be limited to a total of 180 days.

The temporary concessions apply only to foreign nationals who are legally in the country with applications submitted through VFS Global, which can produce a verifiable receipt.

The concessions apply with immediate effect.

‘On the ball’


Immigration lawyers have welcomed the concessions. IBN Immigration Solutions founder Andreas Krensel, who has long bemoaned the backlogs, told Daily Maverick: “It’s amazing how quick [Schreiber is] on the ball. And I think we’ll see some interesting changes very soon.”

Stefanie de Saude-Darbandi, who has taken the department to court numerous times over immigration issues, said Schreiber was “impressive”. 

“No doubt this proactive approach is a refreshing change from the past where the extension was done at the last minute. Minister Schreiber’s prompt action and clear communication demonstrate his dedication and competence.”

Rosemary Anderson, the national chairperson of the hospitality association Fedhasa, said in a media release that they viewed the visa concessions as a positive signal of the department’s intention to position itself as an economic enabler for South Africa. “We are extremely pleased to see Minister Schreiber prioritise this critical issue so early in his tenure.

“This extension provides much-needed certainty for both businesses and individuals, including our valued ‘swallows’ and sends a strong message that South Africa is open for business and welcomes international visitors.” DM

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