South Africa’s Ministry of Home Affairs extended the temporary concession for certain visa and waiver applications to March 31, 2025.

Key Points:

  • The Department of Home Affairs issued a directive stating that long-term visa applications, as well as appeal and waiver applications still pending as of Nov. 30, 2024, are automatically extended until March 31, 2025.
  • As BAL reported, under the previous extension, individuals with pending visa or waiver applications were permitted to stay in South Africa through Dec. 31, 2024.
  • The temporary concession allows foreign nationals who have pending long-term visas, waivers and appeal applications to continue to reside and work in South Africa where applicable and in terms of the conditions of their most recent expired visas pending the decision of their applications.
  • Individuals holding short-term visas issued for 90 days or less who have applied for a renewal but whose application has not been adjudicated within 90-days of the expiration are still required to leave the Republic of South Africa within the 90-day period from their expiration date.

Additional Information: Foreign nationals who are from countries that are exempt from entry visa requirements can depart South Africa and return by showing their Visa Facilitation Service submission receipt. Individuals from countries that require a visa to enter South Africa are advised not to travel, as they will need to apply for a visa in their country of residence to return to South Africa. Finally, those who have expired visas and wish to leave South Africa can do so without being declared “undesirable” upon their departure if they leave before March 31.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2025 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

South Africa’s Ministry of Home Affairs announced that Zimbabwean nationals have been granted an automatic validity period through Nov. 28, 2025, on their exemption permits.

Key Points:

  • Zimbabwean nationals who were granted Zimbabwean Exemption Permits (ZEPs) have been granted automatic extensions of their exemptions.
  • Existing ZEPs will remain valid for the next 12 months.
  • An exemption permit holder is entitled to conduct business, work and seek employment as well as have free movement between South Africa and any other country.
  • Zimbabwean nationals cannot apply for permanent residency regardless of the period of stay in South Africa and cannot change their immigration status during the validity of the permit.

Background: The ZEP program began when the South African government granted “special dispensation” for Zimbabweans who were in the country illegally, many of whom had fled violence and instability. The South African government replaced special dispensation for Zimbabweans with special permits in 2014 and again in 2017 with the introduction of ZEPs. The exemption affects approximately 178,000 Zimbabwean nationals.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

South Africa’s Department of Home Affairs determined the new points-based system applicable to general and critical skills work visas.

Key Points:

  • Officials published the regulations for points-based criteria such as qualifications, language skills, work experience and salary to determine visa eligibility for foreign nationals.
  • Applicants applying for a critical skills work visa must score at least 100 points by having an occupation listed on the critical skills list and provided all other prescribed requirements are met (for example, police clearance, medical report, etc.).
  • An applicant will be issued a general work visa if the 100-point threshold is reached through a combination of points other than through an occupation contained on the critical skills list.
  • The new points-based system criteria are outlined below:
  Criteria Points (%) Criteria Points (%)
Occupation Occupation on the Critical Skills List 100
Qualifications South African National Qualifications Framework (NQF) levels 9 and 10 50 South African NQF levels 7 and 8 30
Offer of Employment (Mandatory) Above R976,194 (about US$55,260) gross per annum 50 Between R650,976 and R976,194 gross per annum 20
Work Experience 5-10 years 20 10+ years 30
Employment Status Offer from Trusted Employer 30
Language Skills Proficient in at least one official language 10

Background: Government officials published the regulations on the new points-based system as part of the amendments to South Africa’s immigration law, specifically sections 19(2) and (4) of the Immigration Act, 2002 (Act No. 13 of 2002) and regulation 18(12) and (13) of the Immigration Regulations, 2014.

BAL Analysis: Critical skills and general work visa applications must qualify under a new points-based system. BAL will continue to monitor developments and will provide more information as it becomes available.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

South Africa’s Ministry of Home Affairs announced a new Trusted Tour Operator Scheme, which will open in January 2025.

Key Points:

  • The government will launch the new scheme for vetted and approved foreign nationals from mainland China and India. It will include pre-registration capabilities with expedited visa processing and dedicated visa adjudicators.
  • The department will process group tourist applications from mainland China and India who are travelling with approved operators.
  • Vetted tour operators from these countries will need to undergo thorough upfront screening and assume responsibility for all travelers in the group.

Background: Officials provided travel data to support the new initiative, including that Chinese tourists made over 100 million outbound trips in 2023 and that Indian tourists account for 3.9% and China tourists 1.8% of all international visitors to South Africa.

BAL Analysis: South African immigration authorities are hoping to reform the visa system to allow the Department of Home Affairs to serve as an economic enabler, supercharging job creation in the tourism sector. The program may be extended to other nationalities in the future. BAL will continue to monitor developments and will provide more information as it becomes available.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

South Africa’s Ministry of Home Affairs extended the temporary concession for certain visa and waiver applications to Dec. 31, 2024.

Key Points:

  • Under the previous extension, individuals with pending visa or waiver applications were permitted to stay in South Africa through June 30, 2024. Individuals with pending long-term visa, waiver and/or appeal applications are now permitted to remain through Dec. 31, 2024, and may travel provided they travel with proof of their pending application and confirmation of the prevailing concession.
  • The temporary concession allows foreign nationals who had pending long-term visas, waivers and appeal applications to continue to reside and work in South Africa where applicable and in terms of the conditions of their most recent expired visas pending the decision of their applications.
  • Individuals holding short-term visas issued for 90 days or less who have applied for a renewal but whose application has not been adjudicated within 90-days of the expiration are still required to leave the Republic of South Africa within the 90-day period from their expiration date.

Additional Information: Foreign nationals who are from countries that are exempt from entry visa requirements can depart South Africa and return by showing their Visa Facilitation Service submission receipt. Individuals from countries that require a visa to enter South Africa are advised not to travel, as they will need to apply for a visa in their country of residence to return to South Africa. Finally, those who have expired visas and wish to leave South Africa can do so without being declared “undesirable” upon their departure if they leave before Dec. 31.

BAL Analysis: South African immigration authorities are still experiencing continued visa application backlog challenges, and the government has granted the automatic visa and waiver extensions to help those who have been negatively impacted by current processing delays. Foreign nationals with pending waiver or visa applications can now stay in the country legally until at least Dec. 31, 2024.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

South Africa’s Ministry of Home Affairs announced that nationals of Zimbabwe and Lesotho have been granted extensions on their exemptions for an additional two-year period.

‌Key Points:

  • Zimbabwean nationals who were granted Zimbabwe Exemption Permits and nationals of Lesotho who were issued Lesotho Exemption Permits have been granted automatic extensions of their exemptions for an additional two years.
  • Exemption holders who have permits that expired on Dec. 31, 2023, will now be able to apply for an exemption permit with a new validity period ending Nov. 29, 2025. Individuals are granted a temporary extension until Nov. 2024, and then must apply if they want to get the extended permit to Nov. 2025.
  • An exemption permit holder is entitled to conduct business, work and seek employment as well as freely move between South Africa and any other country.
  • Nationals of Zimbabwe and Lesotho cannot apply for permanent residency regardless of the period of stay in South Africa and cannot change their immigration status during the validity of the permit. Additional details on the terms and conditions can be found here.

Background: The ZEP program began when the South African government granted “special dispensation” for Zimbabweans who were in the country illegally, many of whom had fled violence and instability. The South African government replaced special dispensation for Zimbabweans with Zimbabwean special permits in 2014 and again in 2017 with the introduction of ZEPs. A similar exemption was granted to nationals of Lesotho to provide them relief and to ease the burden on the asylum system. The exemption affects approximately 54,653 nationals of Lesotho and 178,000 Zimbabwean nationals.

BAL Analysis: Authorities have automatically extended permits until Nov. 29, 2025. However, nationals of Zimbabwe and Lesotho must still apply for the new permits following the newly released process.

This alert has been provided by the BAL Global Practice Group.

Copyright © 2024 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries, please contact copyright@bal.com.

IMPACT — MEDIUM

The South African government has extended the validity of Zimbabwe Exemption Permits until December 2023.

Key Points:

  • Zimbabwean nationals who hold ZEPs can continue to stay in South Africa until Dec. 31, 2023.
  • ZEP holders do not need a valid exemption certificate or an authorization letter to remain in South Africa when applying for a different visa.
  • ZEP holders will not be arrested, detained or deported for any reason related to the individual not having a valid exemption certificate.
  • ZEP holders who are unable to secure a different visa after the grace period can be deported.

Background: The ZEP program began when the South African government granted “special dispensation” for Zimbabweans who were in the country illegally, many of them having had fled violence and instability in Zimbabwe. The South African government replaced Special Dispensation for Zimbabweans with Zimbabwean Special Permits in 2014 and again in 2017 with the introduction of the ZEP.

BAL Analysis: ZEP holders must secure a different visa by Dec. 31, 2023, in order to stay in South Africa legally unless extended. BAL will continue to monitor developments regarding the visa extensions and will provide more information as it becomes available.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT — MEDIUM

The South African government has introduced the Trusted Employer Scheme, allowing eligible companies to obtain work visas more quickly for highly skilled foreign nationals.

Key Points:

  • A company must demonstrate its financial capacity to employ a foreign national, its commitment to training programs for South African citizens and its status as a responsible corporate entity to qualify for the TES. Specific requirements include:
    • Making a 500 million ZAR (about US$26.3 million) investment.
    • Employing at least 500 employees, 60% of whom must be South African nationals.
    • Being in an industry that is of national priority or strategic importance.
    • Showing proof of an existing Skills Transfer Program or Graduate Development Program.
    • Having gross revenue of at least 35 million ZAR.
  • Authorities have not opened applications to TES at this time; once opened, employers will have 30 days to apply for the program.

Additional Information: South African authorities will initially accept only 100 companies for TES. After a 100-day review period, authorities plan to allow more companies to register for TES.

BAL Analysis: The South African government introduced the Trusted Employer Scheme to attract skilled workers and manage immigration, particularly in cases where high volumes of applications need to be processed. Companies that participate in the program can benefit from priority processing of their visa applications.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT — MEDIUM

The South African government has not extended the validity of Zimbabwe Exemption Permits past June 2023.

Key Points:

  • Zimbabwean nationals who hold ZEPs can stay in South Africa until June 30, 2023.
  • ZEP holders must leave the country after June 30 as their permits will no longer be valid.
  • ZEP holders who are unable to secure a different visa for after June 30 can be deported.

Background: The ZEP program began when the South African government granted “special dispensation” for Zimbabweans who were in the country illegally, many of them having had fled violence and instability in Zimbabwe. The South African government replaced Special Dispensation for Zimbabweans with Zimbabwean Special Permits in 2014 and again in 2017 with the introduction of the ZEP.

BAL Analysis: ZEP holders must secure a different visa by June 30, 2023, in order to stay in South Africa legally. BAL will continue to monitor developments regarding the visa extensions and will provide more information as it becomes available.

This alert has been provided by the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.

IMPACT —­ MEDIUM

The South African government announced that it plans to introduce reforms to various work visas.

Authorities plan to:

  • Decentralize the adjudication of visa applications to foreign missions and streamline visa application requirements to reduce processing times for obtaining a work visa.
  • Introduce a Trusted Employer Scheme for qualifying companies and establish a points-based system to provide more flexible pathways for skilled applicants.
  • Implement new visa categories for remote workers and start-ups to attract entrepreneurs and increase economic activity.
  • Expand the e-Visa system to include an additional 20 countries (increased from the 14 currently eligible) and extend the e-Visa system to cover new visa categories such as study, business and intra-company transfer visas.

BAL Analysis: The South African government plans to overhaul its work visa system to attract highly skilled foreign nationals and create jobs while protecting and promoting the employment of South Africans. Authorities have not yet announced when they will implement the changes.

This alert has been provided the BAL Global Practice Group. For additional information, please contact berryapplemanleiden@bal.com.

Copyright © 2023 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyright@bal.com.