D-Day for thousands of foreign nationals in South Africa

Foreign nationals in South Africa on the basis of visa concessions face D-Day tomorrow, Wednesday 1 April 2026. Previously, anyone awaiting outcomes from the Department of Home Affairs’ (DHA) was lawfully protected from falling into ‘undesired status.’

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However, that concession ends today, Tuesday 31 March 2026. And with no clear extension plan for the DHA as yet, these foreign nationals in South Africa now run the risk of being forced out of the country abruptly. Unfortunately, it is unclear what will become of applicants with pending waivers and appeals stuck in the DHA backlog.

D-DAY FOR FOREIGN NATIONAL IN SOUTH AFRICA

However, a crumb of comfort for foreign nationals in South Africa is that these concessions have been extended several times since 2022. Nevertheless, those stuck in an untenable situation due to DHA heel dragging have no recourse should the concession not be extended. They therefore face serious consequences for overstaying their visa conditions.

Typically, foreign nationals in South Africa can choose to escalate an application through litigation. And while there are services that will work for little to no cost, even these can be too expensive and don’t always guarantee success. However, as legal experts point out, the cost of an abrupt departure – whether it be taxi, bus or plane fare – may be more than the cost to escalate proceedings against the DHA.

CRITICAL SKILLS, WORK VISA AND SPOUSES

Our closest neighbours, like Zimbabwe, Mozambique, Lesotho and Botswana make up the majority of these immigrants. Image: File

Without a concession extension, the following foreign nationals in South Africa risk losing their status overnight:

• Permanent residence applicants.
• Section 11(6) visa holders (spouses of South African citizens or permanent residents).
• Critical skills and work visa holders with pending waivers/appeals.

However, legal experts ask whether extending the concession will continue to work as a protection mechanism. Or if a more permanent solution is needed to fix the uncertainty and anxiety caused by DHA processing delays. Is now not the time for government to expand the protection framework and find alternative administrative measures to assist these individuals?

PLIGHT OF FOREIGN NATIONALS IN SOUTH AFRICA

Many of the affected applicants have been in South Africa for decades. They are married to South African citizens, permanent residents and are gainfully employed. Beyond positively contributing to the economy, they have been patiently waiting on DHA adjudication since 2022. Therefore, this situation is not of their making and the stress they’ve had to endure is unnecessary.  

But what do you think? Is the DHA deliberately dragging its heels over foreign nationals in South Africa? If so, what can be reasonably done to alleviate the situation? Let us know your thoughts in the comments section below …

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