Within Two Weeks, Visa Holders Face Losing Legal Status and Being Forced to Leave South Africa

The current concession ends on 31 March 2026. It was introduced to protect lawfully present foreign nationals from falling into undesired status while awaiting the Department of Home Affairs’ (DHA) outcomes on their applications. Once it lapses, that protection falls away – potentially requiring affected individuals to depart the country and risking an undesirable status declaration upon exit.

No Clear Indication of Further Relief

Although the concession has been extended on several occasions since 2022, there is currently no clear indication that reprieve will be granted again.

Immigration attorneys at Visa Litigation Services (VLS), who successfully assisted many applicants to obtain certainty through the courts, say foreign nationals who find themselves in this untenable situation – squarely attributed to government processing delays – has limited choices: escalate the pending application through litigation, or fly out of South Africa to avoid the serious consequences of overstaying your visa conditions.

If no further extension is granted, having a pending outcome may no longer be enough to protect lawful status. In some cases, departure may become unavoidable. 

The High Cost of Leaving

For many applicants, the cost of a last-minute flight will be far higher than the cost of escalation, while leaving South Africa does not resolve the matter. Departing from South Africa may also have a negative effect on family members who stay behind in this uncertain period, they warn.

VLS notes that escalating these cases and forcing attention on an application that has been pending for too long, will be cheaper than leaving the country in a hurry with skyrocketing air fares amid the ongoing attacks in the Middle East.

Airlines across the globe have warned higher prices are likely and many have already increased air fares in response to surging oil prices resulting from uncertainty around the war in Iran. By 19 March 2026 Brent crude rose as high as $119 a barrel, compared to about $99 two days prior.

As one attorney clearly put it: “Affected applicants who face this uncertainty, deserve better. Some have been in South Africa for decades, are married to South African citizens or permanent residents and have been waiting on DHA’s adjudication outcome since 2022. This is not their fault, and it is unacceptable.”

Litigation as a Practical and Immediate Solution

VLS emphasises that litigation offers a more stable and controlled alternative.

By escalating long-outstanding applications through the courts, applicants can compel action from the DHA while maintaining their legal status in South Africa.

“Litigation provides a structured, lawful way to remain in the country while your matter is being resolved,” VLS says. “Without it, applicants risk losing their status overnight.”

This is particularly important for:

• Permanent residence applicants
• Section 11(6) visa holders (spouses of South African citizens or permanent residents)
• Critical skills and work visa holders with pending waivers or appeals

This is not just about paperwork, but about being able to stay in the country, maintaining employment, and protecting families.

The question now is whether the concession as protection mechanism designed to fix the uncertainty and anxiety caused by processing delays, will end and what the legal consequences will be if it does.

Whether through a further extension, an expanded protection framework, or alternative administrative measures, affected visa holders and employers should act now, while remaining attentive to announcements from the DHA as the 31 March 2026 deadline is imminent.