Visa backlog still biting South Africa

Uncertainty still exists for foreign nations that could be declared undesirable as they wait for their visa application outcomes.

Foreign nationals are still waiting to see if a concession granted to them will be extended beyond 31 December 2024 while they wait on their outcomes.

The temporary concession granted by the Minister of Home Affairs in July due to the visa backlog at his Department applies to temporary residence visa applications submitted in South Africa before 30 June 2024.

However, there are some good news for those who travel abroad to visit loved ones this Festive season and re-enter South Africa legally in the new year.

Marisa Jacobs, Managing Director at Xpatweb, said that will require some planning ahead for corporates to ensure their foreign national employees and their families can have peace of mind when travelling abroad while their visa applications are pending

Jacobs said that the concession allows foreign nationals that have been legally admitted into South Africa and have timeously submitted the renewal of their temporary residence visas, the freedom to exit and re-enter the country without adverse consequences where their visas have since expired.

If a foreign employee must be mobile, they may leave South Africa before 31 December 2024 and re-enter after 1 January 2025 as a visitor.

If the foreign national decides not to travel outside of South Africa and the concession is not extended further, they may be stuck in South Africa for as long as the visa outcome is outstanding.

The person will still be in South Africa legally but will not be able to cross the border.

Even if there was no concession, foreigners are legally allowed to stay in South Africa and wait for their visa application to be processed.

Since his appointment in June, Home Affairs Minister Leon Schreiber has said on several occasions that the DHA and the private sector are working around the clock to clear the backlog by Christmas.

Jacobs said that the dedicated team is making significant progress and could very well be on track to realise this target.

By mid-November, they had completed 80% of the backlog and working on clearing the rest.

Although the current concession gives protection until year-end, questions remain on whether affected foreign nationals in South Africa will be left in the lurch should the backlog not be cleared by then.

Jacobs stated that anyone still awaiting the outcome of an application submitted before 30 June 2024 can stay in South Africa legally.

Even if the concession is not extended and one’s visa has expired, they will still be able to depart from South Africa before 31 December and re-enter after 1 January 2025.

However, for travelling, it is essential to have a travel pack to present to border control officials, containing:

• Your original VFS receipt;

•  A copy of the concession granted by the Minister on 5 July 2024 (available on the DHA website); and

• A letter that explains how the concession is applicable to the traveller’s matter personally. This is important as not all border officials are from Home Affairs and may not be familiar with VFS receipts and details of the concession.

Where are you coming from?

Foreign nationals must also note that a visa-exempt country, such as France and the UK, or a non-exempt destination like Nigeria, India or China, can play a key role in reentry.

It is easier for citizens from visa-exempt countries, as foreigners can leave South Africa for a holiday and simply re-enter on visa-exempt status, with a stamp at the border.

Nationals from non-exempt countries must first apply for and be granted a visitor visa to re-enter South Africa to await processing of their existing visa application here.

This can be an additional administrative burden as these applications must be submitted in the home country or via the DHA eVisa platform.

As the Department is trying to process many applications at record speed, there has been a rise in poor-quality rejections for frivolous reasons or so-called ‘copy-and-paste’ rejections.

If a visa is rejected, an applicant can appeal their decision or submit a new application. However, if there are long delays, legal action can become a viable option.

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