Immigration Directive No. 22 of 2025 (as amended)
On 23 September 2025, the Department of Home Affairs (DHA) issued Immigration Directive No. 22 of 2025. It technically extends temporary concessions, yet its practical effect is significant: thousands of foreign nationals with pending matters now have room to breathe.
An amendment signed on 30 September 2025 clarifies who is covered and how travel works. In plain terms: pending waivers and long-term visa appeals allow affected people to remain in South Africa while awaiting outcomes, up to 31 March 2026, provided they can prove the application is still in process.
Who is actually covered?
1) Waiver applicants
Individuals whose waiver applications were pending as at 30 September 2025 may remain in South Africa until 31 March 2026 while the waiver is processed. They may depart and re-enter if they can show proof (e.g., VFS Global receipt/acknowledgement) that the waiver remains pending. Entry is still subject to normal admission rules at the border.
2) Long-term visa appeal applicants
People who lodged appeals against refusals of long-term visas are covered to 31 March 2026 on the same terms and conditions as the visa they held when they filed the appeal. A person appealing a work visa refusal may continue working; a person appealing a study visa refusal may continue studying. This concession does not permit a change of activity.
Not covered: permanent residence (PR) appeals. Despite early confusion in the original text, the amended directive excludes PR appeals. A PR appellant in South Africa must maintain a valid temporary residence status whilst awaiting the PR outcome.
What does this look like in real life?
Scenario A: Visa-exempt national with a pending waiver
A German national entered South Africa visa-exempt as a business visitor, then lodged a waiver in order to submit a long-term visa from inside the country. Because the waiver was pending on 30 September 2025, they may remain lawfully until 31 March 2026 while it is decided. If they travel, they can return visa-exempt as usual, provided they carry evidence that the waiver remains pending and be prepared to answer questions at the port of entry.
Scenario B: Non-visa-exempt national with a pending waiver
A national of a country that requires a visa for entry is in the same waiver-pending position. If they depart, they must follow the ordinary rule: obtain a port-of-entry visa before returning, even though the waiver is still pending. That protocol is not new and was already required by law; the amendment simply confirms that normal admission rules continue to apply.
Scenario C: A family appealing long-term visa refusals
A family in Cape Town has each lodged individual appeals against refusals of their respective long-term visas (for example: the main applicant’s work visa, the spouse’s accompanying spouse visa, the child’s study/relative visa). The concession applies per person. Each family member’s right to remain (and to continue the relevant activity) runs to 31 March 2026 only if that person has a pending appeal and can prove it. Travel is also individual: each traveller should carry their own refusal letter and appeal receipt. Where a traveller is from a non-visa-exempt country, the ordinary requirement to obtain a port-of-entry visa before re-entry continues to apply.
Paperwork matters
Everything turns on proof. Travellers and applicants should be able to produce VFS Global receipts/acknowledgements or official confirmations showing that the waiver or appeal remains pending. Border officials and inspectors can and do verify these.
Older pending applications
Applicants who lodged before 7 March 2024 and are still waiting are directed to contact DHA for follow-up on those legacy files.
Amendment update: what genuinely changed?
When read on 23 September, the initial wording appeared broader than intended. The 30 September 2025 amendment narrows and clarifies:
- PR appeals are excluded. Only long-term visa appeals fall under the concession window.
- Normal travel rules remain in force. Non-visa-exempt nationals must still obtain a port-of-entry visa to re-enter; this is a standing requirement, not a stricter rule introduced by the amendment.
- Proof is essential. VFS receipts/acknowledgements will be checked.
- Legacy cases require action. Applicants with files predating 7 March 2024 should engage DHA directly.
The bigger picture
These concessions operate as a bridge over administrative delays rather than a structural fix. Families and employers must still align day-to-day decisions with what the Act requires, using this concession only to preserve lawfulness while outcomes are pending. Keeping impeccable records and checking travel requirements before departure remain non-negotiable.
To read the original and to download a copy of the (Concession) Directive, click here.
For the amended Directive, click here.
FAQs
Does the concession let me change activity?
No. You may only continue the activity linked to your existing visa conditions (work, study, business, etc.).
What if my appeal is decided before 31 March 2026?
The concession falls away once a decision is made. Your outcome then governs your status.
What counts as “long-term”?
Visas such as work, study, relative, retired, and business. It does not include visitor visas.
Written by Andreas Krensel, Senior Director Africa and Europe
