South Africa’s Minister of Home Affairs, Dr Leon Schreiber, has granted a blanket waiver of the 60-day rule for visa extension and change of status applications. The waiver is set out in Immigration Directive 13 of 2026, dated 2 October 2026.
Applicants no longer have to submit extension or change of status applications at least 60 days before their current visa expires. Applications submitted later than that will be accepted, provided the existing visa is still valid on the day the application is submitted.
What has changed
Two provisions of the Immigration Regulations required early submission:
- Regulation 9(8)(c): applications to extend a visa had to be submitted no less than 60 days before the existing visa expired.
- Regulation 9(5)(a): applications for a change of status or conditions, made from inside South Africa on Form 9, had to be submitted no less than 60 days before expiry.
According to the directive, the Minister issued the waiver after the Department raised the unintended consequences of these two provisions. The waiver was granted under section 31(2)(c) of the Immigration Act.
Who the waiver applies to
The directive covers three groups:
- Extension and change of status or conditions applications that are still pending adjudication.
- Appeals that are still pending, where the rejection was based on the application not being submitted 60 days before the visa expired.
- All future extension and change of status or conditions applications.
The condition: your visa must still be valid
The waiver applies only if the application is submitted while the existing visa is still valid. An application submitted after the visa has expired is not covered.
A foreign national who remains in South Africa after their visa expires falls under section 32(1) of the Immigration Act, read with regulation 30(1) of the Immigration Regulations. In other words, they are treated as an illegal foreigner and face the consequences of overstaying.
Has the 60-day rule been removed?
No. Regulations 9(8)(c) and 9(5)(a) have not been amended or repealed; the Minister has waived their application. The directive gives no end date.
Andreas Krensel, Senior Director for Africa and Europe at IBN Immigration Solutions, expects the waiver to be temporary. Applicants should not assume it will remain in place indefinitely.
“Often we were not able to stick to the 60 days,” said Krensel. “So this is a massive improvement.” He expects the change to reduce the number of rejections, and the appeals that follow them, for applicants and for the Department of Home Affairs alike.
Applications already rejected under the 60-day rule
The directive covers appeals that are still pending. It does not address rejections where no appeal was lodged, or where an appeal has already been decided. Applicants in that position should take advice on their specific circumstances.
Frequently asked questions
Can I apply for a visa extension within 60 days of expiry?
Yes. Under Immigration Directive 13 of 2026, you can submit within the final 60 days, as long as your current visa has not yet expired.
Can I apply after my visa has expired?
No. The waiver does not cover applications submitted after expiry.
Does the waiver apply to change of status applications?
Yes. It covers applications for a change of status or conditions made from within South Africa.
How long will the waiver last?
The directive does not state an end date.
This article reflects the position as at 9 October 2026. Check the current position before you apply.
Disclaimer
At IBN Immigration Solutions, we adhere to Google’s standards for transparency. As a private immigration firm, we follow the regulations outlined in the Immigration Act of South Africa. We are not affiliated with the South African government. Our clients pay for our expertise in handling applications for both temporary and permanent residency. While forms required during the process can be obtained for free at any Department of Home Affairs office, we also provide them as part of our service. Those who prefer to deal directly with the Department of Home Affairs can visit their website at https://myhomeaffairsonline.dha.gov.za/
Written by Xabisa Mxokozeli, Marketing Assistant
