There remains a degree of uncertainty as to whether holders of Zimbabwean Exemption Permits (ZEP) may access South African permanent residence (SA PR) through a dedicated or expedited process. This update confirms the current legal position. At present, no published policy, directive, or gazetted amendment establishes a dedicated route to SA PR for ZEP holders. ZEP holders wishing to obtain SA PR must transition to a mainstream temporary residence visa and qualify under the existing statutory framework.
ZEP: A temporary dispensation without settlement rights
The ZEP framework originates from special dispensations introduced under section 31(2)(b) of the Immigration Act, which empowers the Minister of Home Affairs to grant exemptions to categories of foreign nationals. By its nature, a section 31(2)(b) dispensation operates outside the standard visa and SA PR framework, is discretionary and time-bound, and does not create a pathway to SA PR under sections 26 or 27 of the Immigration Act. Accordingly, ZEP status does not confer any accrued rights to SA PR, irrespective of the duration of stay in South Africa.
SA PR: Statutory requirements remain unchanged
ZEP holders are not excluded from applying for SA PR, but they must meet the same criteria as any other foreign national. Applications continue to be governed by section 26 (direct residence) and section 27 (residence on other grounds) of the Immigration Act. ZEP holders may apply only where they independently qualify under an existing category and hold the relevant underlying temporary residence visa, including:
- Critical Skills (section 27(b) of the Immigration Act);
- Work-based residence following the prescribed period on a valid work visa (section 26(a) of the Immigration Act);
- Business (new or existing business) (section 27(c) of the Immigration Act);
- Financial Independence (section 27(f) of the Immigration Act); or
- Spousal or family-based residence (sections 26(b) and 27(g) of the Immigration Act).
No formal policy or directive in place
As at the date of this update, the DHA has not issued any directive, circular, or Government Gazette notice setting out a process for ZEP holders to apply for SA PR as a distinct category. There is no indication of revised criteria, concessions, or transitional arrangements, and the matter remains under consideration at policy level.
This is consistent with the DHA’s broader reform agenda. Notably, Ministerial Immigration Directive No 10 of 2024 confirms that the points-based system introduced for work visas under sections 19(2) and 19(4) of the Immigration Act does not apply to ZEP holders who have submitted, or intend to submit, applications for mainstream Critical Skills Work Visas or General Work Visas.
ZEP extensions and ongoing consultations
Extensions of ZEP validity, together with concessions under Immigration Directive No 7 of 2026 for certain pending applications, preserve lawful status only. They do not amend substantive visa or SA PR requirements and do not introduce or imply a pathway to SA PR.
On 7 October 2025, the Minister of Home Affairs confirmed that the DHA, the Immigration Advisory Board, and other stakeholders remain engaged in consultations regarding interim and long-term solutions for ZEP holders. Pending the outcome, the ZEP concession has been extended until 28 May 2027.
Practical position
In the absence of a dedicated ZEP-to-SA PR process, ZEP holders must first transition to a mainstream temporary residence visa (for example, a General Work Visa, Critical Skills Work Visa, relative, spousal, or Business Visa) and thereafter qualify for SA PR under sections 26 or 27 of the Immigration Act. Any pathway to SA PR accordingly remains indirect and conditional.
Key takeaways
- ZEP status, granted under section 31(2)(b) of the Immigration Act, does not lead to SA PR. Eligibility remains governed strictly by sections 26 and 27 of the Immigration Act, and no gazetted framework or directive enables ZEP holders to apply as a distinct category.
- The DHA remains in a consultation phase, and no implementation measures have been published. Current extensions and concessions preserve lawful status only but do not relax eligibility criteria.
- Proactive immigration planning is essential. ZEP holders and their employers should ensure strict compliance with immigration conditions and explore transition options before the current dispensation expires.
- Any suggestion of a simplified pathway is premature. Until the DHA formalises its position through legislation, regulation, or directive, ZEP holders should proceed on the basis that no special dispensation currently exists.
The Webber Wentzel Immigration team continues to monitor developments closely. ZEP holders and employers seeking to assess their options or plan a transition strategy are encouraged to contact the team for tailored guidance. We will provide timely updates as further clarity emerges from the DHA.
