Since the issuance of Immigration Directive No. 4 of 2025, the Department of Home Affairs (DHA) has announced that it has cleared the backlog in its visa and permit processing system. However, waiver and visa appeal applications remain pending, and as a result, the concession has been extended until 31 March 2026. Additionally, the Minister of the DHA has extended both the Zimbabwean Exemption Permits (ZEP) and Lesotho Exemption Permits (LEP) concessions until 28 May 2027.
We provide an overview of the current situation and its implications.
Backlog relief extended for waivers and visa appeals
On 30 September 2025, the Minister of the DHA provided a temporary extension, from 30 September 2025 to 31 March 2026, for foreign nationals awaiting the outcomes of their waiver and visa appeal applications. The temporary extension considers the below measures, which apply with immediate effect:
- Waiver applicants: Foreign nationals with pending waiver applications as of 30 September 2025 are granted an extension until 31 March 2026 to receive their outcomes and submit applications for the appropriate visas.
- Visa appeal applicants: Foreign nationals who have appealed the rejection of a long-term visa contemplated in terms of section 11(1)(b) up to, and including, sections 20 and 22 of the Immigration Act will maintain their current visa status until 31 March 2026. They must present their rejection letter and original VFS receipt when departing and re-entering South Africa.
- Travelling: Foreign nationals with pending waiver or visa appeal applications may depart and re-enter South Africa without being declared undesirable. However, non-visa-exempt foreign nationals must apply for a port of entry visa before re-entering South Africa.
This concession only applies to foreign nationals who are legally present in South Africa and who have submitted applications through a relevant VFS Centre. Proof of application (VFS receipt) is required for verification. Foreign nationals who applied for permanent residence are not covered under these concessions and must ensure their legal status remains valid on their own accord.
The extended deadline of 31 March 2026 provides additional time for affected individuals to secure their application outcomes while maintaining legal compliance in South Africa.
Extended exemptions for both Zimbabwe and Lesotho nationals
On 7 October 2025, the Minister of Home Affairs issued Minister's Immigration Directives No 20 and 21 of 2025, advising that the DHA, Immigration Advisory Board and other critical stakeholders are still in discussions on the immediate future and a long-term solution regarding the Lesotho Exemption Permit (LEP) and Zimbabwean Exemption Permit (ZEP) matters. Pending the conclusion of the discussions, the Minister of the DHA extended the LEP and ZEP concessions until 28 May 2027.
The directives also provide that LEP and ZEP holders should:
- have their permits considered valid for an additional eighteen months beyond their existing expiry date of 28 November 2025;
- not be arrested, ordered to depart, detained for deportation, or deported;
- not be dealt with in terms of sections 29 (prohibited persons), 30 (undesirable persons) and 32 (illegal foreigners) of the Immigration Act;
- enter or depart from South Africa in terms of section 9 of the Immigration Act, provided that they comply with all other requirements for entry into and departure from the country; and
- not be required to produce: (i) a valid exemption certificate/permit; or (ii) an authorisation letter to remain in South Africa when applying for an extension of the LEP and ZEP.
South Africa's visa-exempt list
South Africa has recently expanded its visa-exempt list to include Romania, Croatia, and Estonia; enhancing travel convenience for citizens holding ordinary passports from these countries. These travellers can enter South Africa for holiday purposes without applying for a visa first in respect of stays of up to 90 days. These additions reflect South Africa's ongoing efforts to facilitate easier travel for foreign tourists and strengthen the South African tourism industry.
The Webber Wentzel Immigration team continues to monitor directives issued by the DHA to provide timely updates, insights, and expert analysis.
