Pretoria High Court Hearings
There has been much public outcry regarding the ZEP, with the Zimbabwean Exemption Permit Holders (ZEPHA) and Helen Suzman Foundation challenging the government’s termination of the ZEP, but it does not seem like this pressure is changing any governmental laws.
General Work Visa
Regrettably, many Zimbabweans face limited opportunities to transition into the regular immigration system through a General Work Visa. Acquiring a general work visa is exceedingly challenging due to the Department of Labour’s stringent recommendations. The processing of waivers is slow and not consistently granted. Unless one has a South African child or is married, transferring to the immigration system poses significant difficulties.
However, if denied a General Work Visa, it is possible to be granted a waiver by the Department of Home Affairs.
Applying for a Waiver
As per Section 31(2)(c) of the Immigration Act, Minister’s have the authority to waive any requirement or form for justifiable reasons. A waiver application involves submitting a formal written request to the DHA to exempt certain prescribed requirements for a visa, specifically the General Work Visa in this context.
This provision allows companies or individuals to seek exemption from specific prescribed requirements based on valid grounds, which may help ZEP holders to successfully stay in South Africa.
To apply for a waiver, you must provide the necessary supporting documentation and present a compelling justification for why you, a foreign national, has been selected for the position instead of a similarly skilled and qualified South African candidate.
While the option of a waiver application may seem more attractive and less cumbersome compared to a Department of Labour application, it is important to note that the decision to grant a waiver is primarily based on the merits and credibility of both the foreign national and the South African company.
It is crucial not to misuse the perceived relaxed requirements associated with a waiver application and ensure that it is pursued genuinely and responsibly.
We have seen positive outcomes from our waiver applications for ZEP holders and look forward to seeing more. IBN Immigration Solutions is committed to contributing to the growth of Africa and its individuals by empowering people. We hope we can assist you with any ZEP concern.
Written by Simon Carletti, PR and Creative Supervisor