Understanding Change of Status in 2026
Navigating South African immigration law is often a source of significant anxiety. Looking at the landscape in 2026, the system is in a notable state of transition. In late 2023, the government released a pivotal White Paper on Citizenship, Immigration and Refugee Protection, which proposes a complete overhaul of the current framework into a single, aligned piece of legislation. While these reforms move toward finalisation, the Department of Home Affairs continues to operate under a complex combination of the Immigration Act, its corresponding Regulations, and various Court mandates.
To navigate this successfully, one must understand two key terms:
- Change of Status: This refers to switching from one visa category to another.
- Change of Conditions: This involves modifying the specific terms of your current visa.
While the law remains rigorous, there are clear paths for those who qualify to make these changes without the hardship of leaving the country.
Why Most People Must Apply Abroad
Under Immigration Regulation 9(5), foreign nationals may apply to change their visa and/or visa conditions from within the Republic of South Africa, unless they are holders of Visitor’s Visas or Medical Treatment Visas who fall within specified exceptional circumstances. Other temporary residence permits must be applied for in the country of citizenship/permanent residence.
In terms of Regulation 9(9), such applicants may only apply from within South Africa where exceptional circumstances exist. These circumstances typically include situations such as serious illness, injury, or other compelling humanitarian factors that prevent travel; the need to accompany or care for an immediate family member in similar circumstances; or where the applicant is required to remain in South Africa for legal proceedings or matters of significant public interest.
Each case is assessed on its merits, and supporting evidence must be submitted to substantiate the exceptional circumstance claimed.
The rationale for this rule is based on national interest: it allows the Department of Home Affairs to manage the domestic labour market, safeguard national security, and ensure that individuals are thoroughly vetted before they establish long-term residency. By requiring applications from abroad in the first instance, the state maintains a structured and manageable flow of migration.
Who Qualifies to Change Status Inside South Africa?
Despite the general “apply from abroad” rule, specific legal avenues exist for internal adjustments:
Apply for a Waiver
You may apply for a formal exemption from the requirement to apply from abroad. If the DHA grants this waiver through VFS Global, you are permitted to submit your main residency application from within South Africa.
Spouses and Minor Children (Section 11(6))
In 2019, the Constitutional Court confirmed that foreign spouses and minor children of South African citizens may apply from within South Africa to change their status and/or amend the conditions of their existing visa, without first obtaining a waiver.
This allows qualifying applicants who are lawfully in the country to regularise or adjust their immigration status internally, rather than being required to depart and apply from abroad.
Critical Skills Work Visa Holders (Section 19(4))
Individuals whose occupations appear on the national Critical Skills List typically benefit from prioritised adjudication when applying for a Critical Skills Work Visa. A specific statutory provision does not create this practical advantage, but it is achieved through administrative treatment of the category.
As a result, applicants moving from another visa type into the Critical Skills category, or seeking to amend conditions within an existing Critical Skills Work Visa, are likely to benefit from this priority.
However, where a Critical Skills Work Visa holder applies to change status into a different visa category, the application will generally not attract the same prioritised processing.
Permanent Residence Applicants
A foreign national who qualifies for permanent residence may submit the application from within South Africa, provided they hold a valid temporary residence visa at the time of submission. In law, this is the critical requirement when lodging an internal application. There is no express obligation to maintain temporary residence status for the entire duration of the adjudication process.
However, the position becomes more nuanced if the applicant departs South Africa while the permanent residence application is pending. In practice, the Department of Home Affairs may verify through the Movement Control System that the individual is not required to hold a valid temporary visa while awaiting the outcome abroad.
While this can raise broader questions about an applicant’s ongoing intention to reside permanently in South Africa, that consideration sits separately from the formal legal requirement at the point of submission.
Spouses, Children, and Critical Skills
The most common internal applications involve family reunification and retaining highly specialised international talent.
Spousal Visas (Section 11(6))
South African law recognises marriages, civil unions, and permanent life partnerships (including same-sex relationships). For a temporary visa, where an applicant seeks the status but is not legally married (rather, is in a permanent spousal relationship), the relationship must have existed for at least 2 years as of the date of application. For permanent residence under the same circumstances, the relationship must have existed for 5 years at the date of submission.
It is important to note that a Section 11(6) visitor’s visa may be endorsed to authorise activities beyond merely visiting. While it is commonly used to enable a spouse to work or study once the appropriate endorsement has been granted, the category is, in principle, capable of being issued for any purpose contemplated under Sections 13 to 22 of the Act. Work and study remain the most frequently utilised endorsements in practice, but they are not the only lawful options.
Bear in mind that focusing exclusively on Section 11(6) does not capture all spousal immigration pathways, as alternative categories (such as a Relative’s Visa) may also be available depending on the circumstances.
Minor Children
Section 26(c) provides a pathway to permanent residence for minor children of South African citizens or permanent residence permit holders. However, eligibility is not automatic merely by virtue of the parental relationship. The child must meet the requirements set out in the Act and Regulations and, if applying from within South Africa, must hold a valid temporary residence status at the time of submission.
The parental link establishes the basis upon which the child may qualify, but compliance with the statutory criteria and procedural requirements remains essential.
Critical Skills
If you hold a Critical Skills Work Visa and secure a permanent job offer in your designated category, you qualify immediately for permanent residency under Section 27(b), provided you already have 5 years or more of post-qualification work experience in the role, and meet the regulated requirements.
Prohibited and Undesirable Persons
Specific legal barriers will prevent a change of status regardless of an individual’s skills or family ties.
Prohibited Persons
Prohibited persons, as defined in Section 29, are individuals who are completely barred from receiving a visa or from being admitted into the Republic. This category includes people who are carriers of prescribed infectious or communicable diseases, have outstanding warrants, have been convicted of specific serious offences, or have attempted to use fraudulent documents in their application process.
It also includes people who belong to organisations that promote racial hatred or terrorism. Anyone in this category cannot qualify for a change of status under any circumstances.
Undesirable Persons
Undesirable persons, as described in Section 30, may be declared as such by the Director‑General, which prevents them from obtaining residency or changing their immigration status.
A person who has overstayed their visa may be declared undesirable, as overstaying is one of the most common grounds for this designation. Individuals who are fugitives from justice or who have criminal convictions for which no option of a fine was granted may also be considered undesirable.
The Director‑General may additionally determine a person to be undesirable if their presence is deemed to threaten public policy, national security or broader public interests.
Staying Informed and Compliant
Remaining legally compliant is essential to ensuring your future in South Africa. Being an illegal foreigner, whether through overstaying or violating visa conditions, carries a high risk of arrest and deportation.
As policies evolve in light of the 2023 White Paper, always confirm the latest requirements on the official Department of Home Affairs website, or via your local immigration consultant, before finalising your submission.
Written by Gareth Vos, Senior Immigration Manager
