Visa Concession Extended: Temporary Relief, But Persistent Delays Leave Applicants with Few Options
The Department of Home Affairs’ (DHA) extended visa concession until 30 June 2027, provides temporary relief to affected applicants,
but does little to address persistent processing delays, leaving many applicants still facing ongoing uncertainty.
FEATURED IN:
On 30 March 2026, just hours before the previous concession was set to expire on 31 March 2026, Minister Leon Schreiber announced the further extension. It is the latest in a series of stopgap measures implemented since 2022 to protect applicants awaiting the outcome of long-pending visa, waiver and appeal applications, as the DHA continues work to clear processing backlogs and delays.
Immigration attorneys at Visa Litigation Services warn that, while this extension offers necessary short-term relief and buys another 15 months to remain in the country for those caught in DHA’s processing limbo, it is merely temporary. “It does not resolve the underlying uncertainty and risks facing affected applicants. It simply delays the moment when that protection may fall away, and concerns are all too real for too many applicants.”
Delays Show Little Sign of Easing
The Minister said amid extensive work to digitise the systems and processes at Home Affairs, as well as interventions to cleanse the stigma of corruption in the area of visa issuance, not all applications submitted to the department could be finalised timeously and therefore the concession was extended.
Visa Litigation Services says while the department is digitising and introducing technology to streamline operations, resources appear to be going more toward system upgrades than actual processing of applications. Applicants remain subject to prolonged waiting periods for visa and permit outcomes, leaving them in an uncertain and unpredictable situation – potentially facing the same fate in 15 months’ time. “The directive underscores this reality.”
Promises vs. Reality: Turnaround Times Remain Elusive
In December 2025, DHA formally committed to implementing turnaround times for visa and permit applications following a review that exposed a critical gap: applicants had little to no visibility on expected timelines, leading to confusion and inconsistent communication.
However, attorneys at Visa Litigation Services caution that real-life experience tells a different story. In one recent case, a High Court intervened on behalf of a foreign professional who had waited more than a year for a Critical Skills Work Visa, despite eligibility. “DHA refused the visa in August 2023 and failed to adjudicate the subsequent appeal. Within 30 days we approached the court who set aside the refusal and ordered the immediate issuance of the visa.”
Quality Concerns and Incorrect Refusals
Where delays persist, litigation remains one of the most effective mechanisms to compel a decision and secure legal certainty before protections fall away.
In practice, Visa Litigation Services has seen a steady rise in applicants pursuing legal remedies since the start of 2026, largely due to what is viewed as poor adjudication by DHA.
Many applications that fully comply with regulatory requirements are nonetheless rejected, forcing applicants to take the legal route.
“Recent court outcomes demonstrate that correctly prepared, compliant applications consistently withstand judicial scrutiny,” says Visa Litigation Services. In several instances, courts have overturned refusals and directly ordered DHA to issue visas or permits, underscoring systemic adjudication failures rather than applicant non-compliance.
Travelling Under the Concession: Practical Risks at the Border
While the extended concession allows affected applicants to remain in, or depart and re-enter South Africa without being declared undesirable, travelling during this period is not without risk.
Applicants who are from visa-exempt countries may depart from and re-enter South Africa freely, whereas applicants who are not from visa-exempt countries may depart South Africa freely but will be required to obtain a Visitor’s Visa in terms of section 11(1) of the Immigration Act, 2002, from their country of origin or from a country where they hold long-term residence in order to re-enter.
Visa Litigation Services warns that enforcement at ports of entry remains inconsistent. Officials from the Border Management Authority (BMA) are not always fully aligned with the latest concessions or their practical application, which can result in delays, additional questioning, or even refusal of entry despite valid supporting documentation.
Aadil Wadee, Senior Immigration Consultant at Xpatweb advises applicants to exercise caution when travelling. “Given the possible uncertainty at border level, seeking professional guidance before travelling can help mitigate unnecessary complications by compiling documentation that will meet the expectations of officials on the ground.”
Conclusion
For applicants facing undue delays with application outcomes or refusals, legal intervention remains a structured route to finality, particularly for legacy cases where delays persist. Professional legal guidance is critical to navigate South Africa’s immigration system and secure timely resolutions.
