AN UPDATE ON THE STATUS OF FOREIGN NATIONALS WORKING IN SOUTH AFRICA

The status of Foreign Nationals working in South Africa remains a constantly developing topic as new extensions are granted and it may be challenging to keep up with recent developments, we have therefore provided a summary of the past few developments below.

In July 2024: The Minister extended the temporary concession for foreign nationals who are awaiting an outcome of visa, waiver and appeal applications until 31 December 2024. The gazette is available at: https://www.dha.gov.za/index.php/statements-speeches/1782-new-home-affairs-minister-dr-leon-schreiber-extends-temporary-visa-concession-to-safeguard-applicants-from-adverse-consequences-caused-by-processing-delays

This extension was due to the backlog at Home Affairs and made special reference to “Visa holders who have applied and whose application is still pending as at 30 June 2024”.

The extension was only applicable to applicants who had submitted their applications via VFS Global and who could produce a verifiable receipt for such application against the VFS Global tracking system.

On 29 November 2024: The Minister extended the validity of the Zimbabwean Exemption Permits (“ZEP”) until 28 November 2025 in order for me to fulfil the duty placed on him by the Gauteng High Court. The gazette is available at: https://www.dha.gov.za/images/ZEP/51696_29-11_HomeAffairs.pdf

This extension makes no reference to pending applications as is applicable to anyone with an expired ZEP permit.

On 11 December 2024: the Minister extended the validity of the Lesotho Exemption Permits (“LEP”) until 28 November 2025 in order for me to fulfill the duty placed on him by the Gauteng High Court.

This extension makes no reference to pending applications as is applicable to anyone with an expired LEP permit.

In March 2025: The Minister extended the Temporary Concession for Foreign Nationals awaiting an outcome until 30 September 2025. The gazette is available at: https://www.dha.gov.za/index.php/notices/1880-ims-directive-no-4-of-2025

Visa holders who have applied for long-term visas and whose visa application is still pending as at 28 March 2025, are granted a further temporary extension of their current visa status until 30 September 2025.

This concession is also only applicable to applicants who have submitted an application via VFS Global and who can produce a verifiable receipt for such application against the VFS Global tracking system.

Also important to note is that their current visa status is extended meaning that the visa should allow them to live and work in South Africa. If they had no previous work permit they are not permitted to work.

Therefore:

A ZEP or LEP permit holder may continue working until 28 November 2025, even if they have not submitted an application via VFS Global.

Any other Foreign National may work until 30 September 2025 on condition that they can produce a verifiable receipt of their visa application against the VFS Global tracking system and their current visa permits them to work.

We will share more information as we receive updates or new gazettes are published. If there is any uncertainty, please feel free to reach out to your EOHCB representative for clarity.