Thousands of foreign nationals in South Africa are facing growing uncertainty as a key visa concession is set to expire at the end of March 2026, potentially forcing many to leave the country despite having pending applications.
The concession, introduced in 2022, was designed to protect visa applicants awaiting outcomes on waivers and appeals from falling into unlawful status due to administrative delays at the Department of Home Affairs.
legal uncertainty and limited options
Immigration lawyers warn that if the concession is not extended before its expiry on 31 March, affected individuals may be required to depart South Africa to avoid being declared undesirable.
According to Visa Litigation Services (VLS), applicants are now left with two primary options: initiate legal action to compel a decision from authorities or leave the country before their current status lapses.
The situation is particularly difficult for long-term residents. Some applicants have lived in South Africa for decades, are married to South African citizens or permanent residents, and have been waiting for outcomes since as far back as 2022.
Legal experts argue that the responsibility for the delays lies with the system rather than the applicants themselves, raising concerns about fairness and administrative accountability.
backlog cleared but pressure remains
The Department of Home Affairs has spent years addressing a significant visa backlog, which exceeded 300,000 applications at the start of 2024. By 2025, officials reported that the backlog had largely been cleared.
However, a surge in waiver and appeal applications prompted Home Affairs Minister Leon Schreiber to extend the concession until March 2026, providing temporary relief to affected individuals.
Despite this progress, uncertainty persists. Authorities have not yet indicated whether the concession will be extended again, and historically, such announcements have often been made at the last minute.
Adding to the pressure, global factors are also driving up the cost of leaving the country. Rising oil prices, linked to tensions in the Middle East, have pushed up air travel costs, making last-minute departures significantly more expensive.
For many affected individuals, the stakes go beyond legal status. The outcome will determine their ability to remain employed, maintain family stability, and continue their lives in South Africa.
As the deadline approaches, legal experts stress the importance of monitoring official announcements closely, as any decision could have immediate and far-reaching consequences.
Source: businesstech
