(Updated 31 March 2026)
Immigration Directive No. 22 of 2025 (as amended)
On the 23 September 2025, the Department of Home Affairs (DHA) issued Immigration Directive No. 22 of 2025, which provided temporary concessions for foreign nationals facing processing delays
This previous directive allowed individuals with pending waiver applications and pending long-term visa appeals to remain in, and depart from, South Africa lawfully until 31 March 2026. At the time, the Department of Home Affairs indicated that the backlog in regular visa applications had been eradicated.
The Update: Where We Are Now (Immigration Directive No. 7 of 2026)
On 30 March 2026, the DHA issued Immigration Directive No. 7 of 2026, acknowledging that while they are transitioning to a new Electronic Travel Authorisation (ETA) system, backlogs have persisted. Consequently, the DHA has extended temporary measures – effective 01 April 2026 – to provide relief until 30 June 2027.
Crucially, the new directive once again includes protection for pending long-term visa applicants.
Here is a clarified breakdown of how the updated rules apply:
Who is covered until 30 June 2027?
1) Waiver applicants Individuals whose waiver applications are currently pending as of 30 March 2026 are granted a temporary extension until 30 June 2027. They may depart South Africa without being declared undesirable, provided they can prove the application is still pending. Once the waiver application has been processed, if successful, they may proceed to make the relevant visa application.
2) Long-term visa applicants (NEW) Unlike the previous directive, the DHA has explicitly granted a temporary extension for visa holders who have applied for long-term visas (sections 11(1)(b) to 20, including section 22) and are still awaiting an outcome. Their current visa status (i.e. the status they held when making the application that is still pending) is extended until 30 June 2027. As the Directive refers to “visa holders” who made an application for a long-term visa, it would appear to also cover those who were legally able to enter South Africa with a short term visitor visa and make an application for a long-term visa.
3) Long-term visa appeal applicants Foreign nationals who have appealed a negative decision on a long-term visa application and are awaiting the outcome as of 30 March 2026 are covered until 30 June 2027. Their current visa status (i.e. the status they held when making the application, and subsequently the appeal, that is still pending) is extended until 30 June 2027.
Which Rights does the Directive provide?
The enables those who are covered (as per the previous section) to remain in South Africa and, importantly, depart from South Africa despite no longer having a valid status in their passport, until 30 June 2027, without being declared undesirable in terms of section 30(1)(h) of the Immigration Act, 2002 (Act No. 13 of 2002).
Visa-exempt nationals, may rely on the visa exemption to return to South Africa, after their travel, to continue awaiting the outcome of their application. They will be provided with an entry-samp in line with their exemption status, but retain the rights as per the visa status they held when making their initial application.
Applicants from countries that are not visa exempt will be required to apply for a port of entry before returning to South Africa. Importantly, their VFS receipt alone does not enable re-entry into the country. Once they have returned with a port of entry visa, they will have the rights as per the visa status they held when making their initial application.
EXCLUSIONS: Who is NOT covered?
Permanent Residence (PR) applicants: Just like the previous directive, these temporary measures do not apply to PR applications. PR applicants must ensure to maintain a valid temporary residence status in South Africa while awaiting your PR outcome.
Short Term visa applications: As with the previous directive, those who have applied for an extension of a short term (90-day or less) visa in terms of section 11(1)(a) (including section 11(2)), are not covered by the concessions issued by Home Affairs.
However, Home Affairs has provided some relief for those who had appealed a rejection of a short term visitor visa (section 11(1)(a), including section 11(2)) and such appeal has been pending for longer than 3 months. They are not covered by the concession, but may depart South Africa until 30 April 2026 without being undesirable upon departure.
Paperwork and Compliance
The directive strictly applies only to foreign nationals legally admitted into the Republic who submitted applications via VFS Global. Travellers must produce verifiable VFS Global receipts against the tracking system, as proof of their pending application.
Appeal applicants must additionally produce a copy of their rejection letter.
What does this look like in real life?
Scenario A: Visa-exempt national with a pending waiver: A German national with a work visa lodged a waiver to waive a requirement related to the renewal of their work visa. Because the waiver is pending, they may remain lawfully until 30 June 2027 while it is decided. If they need to travel, they may depart by providing proof that the waiver remains pending and they can return visa-exempt. They may continue conducting the work that their previous work visa authorised them to conduct.
Scenario B: Non-visa-exempt national with a pending visa application: A national of a country that requires a visa for entry, has a pending long-term visa application. If they need to travel, they may depart by providing proof of their pending long-term visa application. However, in order to return, they will be required to apply for, and receive, a port of entry visa before being able to returning to South Africa.
Scenario C: A family appealing long-term visa refusals A family in Cape Town has individually appealed their respective long-term visa refusals. The concession applies per person. Each family member’s right to remain runs to 30 June 2027, provided they can prove their appeal is pending. When traveling, they may depart by providing a copy of their rejection letter and appeal receipt.
Open Questions
The wording of the directive, applying to applications “still pending as at the date of signature of this Directive” indicates that the concessions are only applicable to those who made the respective application before 30 March 2026. This raises the question, whether the Department of Home Affairs is confident that any applications being submitted subsequently, will no longer be affected by any delays or backlogs. The long duration of the extended concession, until 30 June 2027, indicates that Home Affairs is anticipating a longer time to enable them to resolve the backlog, which may be worrying for those who are seeking to apply for visas or are required to appeal in the next weeks and months. We have reached out to the Department of Home Affairs to request clarification on whether applicants who made their applications after 30 March 2026 may also be covered by the directive.
The directive is clear that short term visa applications are not covered. As we have recently observed occasional delays for short term visitor visa extension applications, the risks associated with making such an application, yet potentially not receiving an outcome in time, remain an open question, unfortunately not addressed by this recent update.
Written by Hannah Mminele, South African Branch and Immigration Manager
