The Department of Home Affairs has issued Immigration Directive No. 22 of 2025, extending temporary concessions until 31 March 2026 for:
1) Pending waiver applications;
2) Pending visa appeals;
3) Pending permanent residence (PR) appeals.
WHAT THIS MEANS:
The Directive ensures that these categories of applicants are not declared undesirable under section 30(1)(h) of the Immigration Act when travelling, provided they can show proof of their pending application via VFS Global.
THE PROBLEM:
While this relief is welcome, the Directive:
- Does not extend to applicants with pending long-term visa applications (only visa appeals).
- It Includes PR appeals, a surprising and unusual inclusion, since PR applicants are by law meant to maintain valid visas until permanent residence is granted.
The concession seems to permit even those without valid visas to remain and travel freely, which does not align with the law and is practically confusing. In fact, it appears to give PR appeal applicants more rights than long-term visa applicants, effectively encouraging overstaying, while at the same time “punishing” those who applied for long-term visas in good faith but are excluded from protection.
The concession seems to permit even those without valid visas to remain and travel freely, which does not align with the law and is practically confusing. By including PR appeal applicants, the Directive appears to suggest that a pending PR appeal alone is enough to remain lawful even without a valid visa in hand. This is not legally correct. It effectively gives PR appeal applicants greater rights than long-term visa applicants, who are excluded from the concession despite having applied in good faith to regularise their status and whose delays are caused entirely by Home Affairs.
In our view, any waiver, visa or appeal application pending for longer than 2–3 months should automatically fall under this blanket concession. Applicants should not be prejudiced by their inability to travel, return or remain lawful in South Africa because the Department has failed to process applications timeously.
Let’s hope clarification from the Minister is forthcoming. I believe he acts in good faith, respects the rule of law and will want correct, lawful and fair procedures to apply.
For assistance or tailored advice, contact us at: info@dsdlaw.co.za