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Withdrawl of Minister Gigaba’s blanket waiver to foreign students

February 03, 2022


The current Minister of Home Affairs withdraws the blanket waiver granted by former Minister Gigaba in 2016 and does so days before he allows for the submission of permanent residence applications for the first time after almost 2 years.

We understand that the Minister’s reason for withdrawing the waiver is because it “created a loophole in which people were granted residence rights before they had met the statutory requirements”.  It applied however only to foreign graduates of South African academic institutions and yes of course they were exempt from certain statutory requirements – that is the advantage available to them to ensure that the rare and needed skills of our country are kept within our borders.  It takes Home Affairs 2 – 5 years in any event to process permanent residents applications – one wonders what the real reasons are.

De Saude-Darbandi Attorneys | Cape Town, South Africa

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