We at Craig Smith & Associates are pleased to explain the latest development in immigration law for foreign nationals facing processing delays. The Department of Home Affairs (DHA) has issued a new directive extending a temporary concession scheme to relieve those who are awaiting outcomes of waiver and appeal applications.
Background of the Concession
Over recent years, many foreign nationals who applied for waivers (for example to overcome disqualifying criteria) or lodged appeals against negative temporary and permanent residence decisions have experienced significant processing delays. These delays have created uncertainty about their remaining legal in the country whilst awaiting these pending outcomes, and how to go about travelling in and out of the Republic. Consequently, the DHA has continuously issued concession to protect those applicants until their matters were finalised. Initially, these concession had shorter timeframes and narrower coverage.
Why the backlog occurred
The backlog can be attributed to several practical reasons:
- A surge in applications in certain visa streams.
- Manual processing requirements and verification bottlenecks.
- A backlog in adjudication by the Department.
- The need to ensure regulatory compliance and integrity. These factors combined to cause delays beyond the usual processing time.
What the New Directive Covers
The new directive (Immigration Directive No. 22 of 2025) was issued by the DHA on 30 September 2025 and takes effect from 1 October 2025 and is in effect until 31 March 2026. It grants a temporary concession for two main groups of applications: those with pending waiver applications and those with pending appeals, both temporary and permanent residence appeals.
Coverage for waiver applicants
Applicants whose waiver applications are still pending will benefit from the concession. Specifically, they will have their current visa status extended until 31 March 2026, enabling them to stay in the country lawfully while the waiver is processed. Travel in and out of the country is also permitted under certain conditions.
Coverage for long-term visa appeal applicants
Similarly, foreign nationals who have lodged an appeal against a negative decision for a temporary residence or permanent residence application, and whose appeal remains pending, can rely on the concession. Their current visa status remains valid until 31 March 2026 and, again, travel and re-entry are allowed under certain conditions.
Eligibility Criteria for the Concession
Not everyone will qualify. It is essential that applicants satisfy the eligibility criteria to benefit from the protections.
Legal admission requirement
The concession is available only to foreign nationals who have been legally admitted into South Africa.
Application via authorised channel (e.g., VFS Global)
Applicants must have submitted their waiver or appeal applications via authorised channels (such as via VFS Global) and hold a verifiable receipt, that correspondence with the VFS Global tracking portal and shows that their application is still pending.
Evidence required for travel and stay rights
If the applicant intends to travel while awaiting outcome, they must carry:
• The VFS Global receipt for the pending waiver or appeal application;
• A copy of the rejection letter or decision being appealed;
• For non-visa-exempt nationals, a port-of-entry visa if required for re-entry.
Whilst not a requirement as per the concession, we also advise travelling with a print-out of the concession. The directive is effective from 1 October 2025.
Extended concession expiry (e.g., 31 March 2026)
The new concession period extends until 31 March 2026. After that date, if the outcome is still pending, further action may be required.
Implications for Current Visa Holders
For those eligible, this concession provides much-needed relief.
Staying lawfully while awaiting outcome
If you qualify, you may remain legally in South Africa until 31 March 2026, under your current visa conditions. That means you continue to comply with the conditions of your visa while waiting.
Travel rights and re-entry conditions
You may depart South Africa and re-enter up to the expiry of the concession (31 March 2026) without being declared an “undesirable person” under section 30(1)(h) of the Immigration Act. However, non-visa-exempt nationals must apply for a port-of-entry visa to re-enter.
Practical Steps for Applicants
Here are steps you should take if you are in this situation.
What to do if you submitted a waiver application
- Confirm your waiver application receipt and date.
- Ensure your current visa remains valid and you continue to comply with its terms.
- If you need to travel, obtain the necessary port-of-entry visa.
- Keep proof of your waiver application and communicate with the DHA if required.
What to do if you have a pending appeal
- Ensure your appeal has been lodged and you hold a valid receipt and copy of the refusal letter.
- Recognise that your current visa conditions continue to apply.
- If travelling, ensure you have documentation of the appeal and any required port-of-entry visa.
- Consider consulting immigration lawyers for clarity on your rights
Documents you should keep and carry
- VFS Global receipt for waiver or appeal
- Rejection letter (if applicable)
- Your current visa and conditions
- If travelling: proof of port-of-entry visa (if required) and proof you meet concession eligibility
Non-eligible applicants and excluded categories
If you did not apply via the authorised channel, or you were not legally admitted, you may not benefit from the concession. Also, it’s important to note that pending temporary residence or permanent residence applications are not covered by the concession.
Activities restricted while on the concession
Even under the concession you are generally restricted to the same activities permitted by your current visa. For example, you may not engage in new employment or engage in new visa conditions whilst awaiting the outcome. It is not a free-for-all change in status – compliance remains crucial.
Benefits for Employers and Sponsors
The concession is relevant not only for visa holders but for organisations and sponsors.
Employment continuity for foreign nationals
Employees who are foreign nationals with pending waiver or appeal applications may continue working (if their visa allows) and know their lawful status is protected until 31 March 2026. This stability helps employers plan staffing and avoid disruption.
Compliance considerations for sponsors
Employers and sponsors must monitor visa conditions and eligibility. Even with the concession, they must ensure that the employee continues to hold a valid visa, adheres to visa conditions, and keep documentation updated. Failure to do so may risk non-compliance.
Why the Extension Matters
The extension of this concession reflects an acknowledgement by the DHA that processing delays remain a practical problem. For foreign nationals and their employers this offers certainty and relief. It also demonstrates that the government is seeking to balance immigration control with fairness. Without this concession, applicants facing long wait times could risk unlawful stay or travel issues.
How to Work with Craig Smith & Associates
At Craig Smith & Associates we specialise in immigration matters, including waiver applications, visa appeals and advising on concessions such as this one. If you are facing a pending waiver or appeal application, or you are an employer or sponsor with affected staff, we recommend you contact us.
We can:
- Review whether you qualify for the current concession
- Assist you in maintaining lawful status during the wait
- Advise on travel and re-entry rights
- Support you with compliance advice and next steps beyond 31 March 2026
Contact us today.
Many clients are uncertain about what the concession means for their daily situation. For example: “Does this concession mean I am granted a new visa?”
No. It simply extends the validity of your current visa status until the concession deadline, subject to your compliance.
“Can I apply for a new visa while I wait?”
Possibly, but you must check your current visa conditions and whether the new application affects your status.
To recap:
- The DHA has extended the temporary concession until 31 March 2026 for eligible foreign nationals with pending waiver or appeal applications.
- You must have applied via the correct channel, be legally admitted, and continue to obey your visa conditions.
- Travel and re-entry are permitted under conditions.
- Employers and sponsors should monitor the status of affected employees.
- Acting early and securing professional help can avoid complications when the concession expires.
In situations where processing delays are outside an individual’s control, the extension of this temporary concession provides an important safety net. It allows foreign nationals with pending waiver and appeal applications to remain lawfully in the country, travel (in many cases), and maintain workplace continuity while awaiting a decision. For clients and employers alike, awareness and action are key. At Craig Smith & Associates we stand ready to guide you through the process and ensure you benefit from the concession while planning for what comes next.
FAQs
Q1: Who qualifies for the temporary concession? Applicants whose waiver or temporary residence or permanent residence appeals are still pending, and who were legally admitted into the Republic and can produce a verifiable VFS receipt for their pending submissionl.
Q2: Can I travel outside the country and return under the concession? Yes, up to 31 March 2026 provided you carry the required documentation and if you are non-visa-exempt, you hold a port-of-entry visa.
Q3: Does the concession grant a new visa or change my visa conditions? No, it simply extends the validity of your existing visa status subject to your current conditions.
Q4: What happens after 31 March 2026 if my application is still unresolved? You should consult an immigration lawyer as further action may be required; the concession may not continue automatically.
Q5: As an employer, what should I do about employees covered by this concession? You should verify the employee’s eligibility, keep records of their application and receipt, monitor compliance with visa conditions, and plan for their status beyond the concession period