UPDATE (15th January 2026): Deadline for Public Comment Extended
The Department of Home Affairs (DHA) has officially announced an extension for the submission of public comments regarding the Draft Revised White Paper on Citizenship, Immigration and Refugee Protection. Originally set to close on 31 January 2026, the deadline has now been extended to 15 February 2026.
This extension comes in response to requests from various individuals and organizations, as the DHA seeks to ensure the "spirit of inclusivity and broader public participation" is upheld for this landmark policy shift.
How to submit:
• Email: whitepaper@dha.gov.za
• Hand Delivery: Department of Home Affairs, 230 Johannes Ramokhoase Street, Hallmark Building, Pretoria, 0001 (Att: Mr. Sihle Mthiyane or Ms. Diketso Ratau).
• Mail: Private Bag X114, Pretoria, 0001.
-Dear Clients and Esteemed Partners,
As we move into the height of summer, we observe a promising shift in South Africa’s immigration landscape, moving from policy stagnation toward necessary reform. IBN Immigration Solutions is dedicated to providing the necessary clarity to understand and leverage these proposed changes. The Department of Home Affairs (DHA) has recently released its revised White Paper on Citizenship, Immigration, and Refugee Protection, which outlines fundamental changes that, if implemented effectively, will significantly modernize South Africa’s ability to attract global talent and investment. We view these proposals as a strong indication that the government is focusing on creating more globally competitive and logical policy frameworks.
The Fundamental Shift: Permanent Residence and Citizenship Based on Merit
The overarching theme of the White Paper is a strategic and necessary move toward a merit-based system, which is in line with international best practices and clarifies the pathways to long-term settlement and citizenship.
A. Modernising the Citizenship Landscape
The proposals mark a complete deviation from previous legislation, which relied simply on five years of permanent residence to qualify for citizenship. South Africa will now move to a points-based, merit-based system that prioritises economic and social contributions, skills and qualifications.
A crucial and useful addition will be the “Citizenship Advisory Board“, which will be tasked with performing risk analyses and assessing cases before providing a final recommendation to the Minister. This mechanism is a very useful suggestion for ensuring rigorous and transparent decision-making. Furthermore, while the five-year PR requirement remains for spouses of South African citizens, the White Paper addresses historical misuse by indicating that thorough relationship and background checks will be implemented, which is an assurance that we can all agree on.
A welcome concession to talented diaspora is the proposal to allow citizens who voluntarily relinquished their South African citizenship to reapply for reinstatement via an easy-to-use online portal. This is a positive step toward recapturing highly skilled citizens.
B. Defining the Skilled Worker Visa and Economic Visas
The White Paper correctly addresses the current challenge of transitioning talented international students into the job market. The proposed solution is the consolidation of the General Work Visa and Critical Skills Visa into a single “Skilled Worker Visa,” which is a super important step.
Crucially, the White Paper states that the Skilled Worker Visa would be open to workers at all education and experience levels. This directly addresses the fundamental criticism that the current system relies too heavily on NQF level seven and eight qualifications, thus excluding highly experienced artisans and managers who have moved through the ranks. This wording is a positive signal that experience will be taken into consideration when the final scorecard is defined.
For foreign spouses of skilled worker visa holders, there is a clear suggestion that certain work visa requirements may be relaxed. This is a long-standing discussion, and this potential for reduced requirements will make South Africa significantly more attractive to global talent families.
On the investment front, the previous system of granting PR based on worldwide net value will be replaced by a new Temporary Residence Visa for the Financially Independent, which requires a defined investment specifically within South Africa. This shift is in line with international requirements and is a pretty good measure that ensures capital is deployed locally.
Administrative Opportunities for Efficiency
Two administrative proposals stand out as highly practical improvements that promise to streamline processing and enhance border control:
1. Abolishing Undesirable Status for Simple Overstay
The White Paper proposes a highly practical solution to the disproportionate punishment of minor overstays implementing a system where individuals who overstay can pay a fine at the border. This is a good suggestion because it generates revenue immediately and simplifies the process by deleting the complex appeal and ban system. The success of this will depend on setting a fine high enough to serve as a meaningful deterrent.
2. Centralising Appeals and Reviews
The proposal to create a single ‘Home Affairs Authority for reviews, appeals, waivers, and exemptions’ is designed to provide one point of control and accountability. This centralization initiative sounds great and addresses the current chaotic system of waivers and exemptions.
The Asylum System: Responsible Management
Finally, the White Paper intends to manage the flow of asylum seekers more responsibly by introducing the “first safe country principle”. This international principle limits asylum claims from applicants who have passed through a safe country (like Namibia or Botswana, which are signatories to the 1951 Refugee Convention) where they could have already applied for asylum. This principle is a clear political intention to reduce the economic “pull factor” South Africa represents and aligns with the management strategies used globally. Furthermore, the move to conduct interviews online will efficiently reduce the necessity for asylum seekers to travel long distances, which is not ideal.
Conclusion: Policy Alignment and Forward Momentum
The revisions presented in the White Paper contain a lot of useful suggestions that align with the requirements of a modern, competitive economy. The move toward merit-based systems for PR and citizenship, the modernization of work visa categories, and the streamlining of the overstay process are necessary and welcome steps.
While policy papers sometimes read better than their practical implementation, these changes represent significant forward momentum. We remain committed to supporting the DHA in its journey to operationalise these reforms, which will allow South Africa to leverage the global talent pool it desperately needs.
If these forthcoming regulatory changes – from the new Skilled Worker Visa requirements to the shift in citizenship criteria, affect your current or future immigration strategy, do not hesitate to reach out.
Sincerely,
Andreas.
Written by Andreas Krensel, Senior Director of Africa and Europe
