1 See the announcements on the Department of Home Affairs website:
http://www.dha.gov.za/images/PDFs/Concession_Document_2023.pdf .
With the continued visa application backlog challenges facing the South African Department of Home Affairs and the need to address the impact of the pending visas, waivers, and appeal applications, the Minister of the Department of Home Affairs has approved the extension of the temporary concession of affected foreign nationals until 30 June 2024.1
The South African Department of Home Affairs is still experiencing severe visa application backlogs which has caused a degree of anxiety amongst employers and foreign nationals who are unable to extend their current work visas or apply for new visas. Employers are also experiencing severe challenges impacting business due to the lack of valid work visas. (For related coverage, see GMS Flash Alert 2023-100, 16 May 2023.)
This temporary concession, effective December 2023, allows foreign nationals who have pending long-term visas, waivers, and appeal applications to continue to reside and work in South Africa on their current visa conditions pending the decision of their applications. Any reference to the Immigration Act refers to the Immigration Act No13 of 2002, as amended.
With the ongoing visa processing and resource challenges facing the South African immigration authorities, temporary solutions, largely in the form of concessions (e.g., waivers) and extensions, are being implemented.
Given the state of flux and the various ways the authorities are attempting to handle the delays and backlogs – which have caused much concern for companies wishing to bring foreign nationals into the country for work (and those that are currently in the country on expiring visas) – it is advisable that mobile employees and/or their employers consult with their qualified immigration adviser or a member of the KPMG Immigration team with KPMG in South Africa (see the Contacts section).
1 See the announcements on the Department of Home Affairs website:
http://www.dha.gov.za/images/PDFs/Concession_Document_2023.pdf .
* Please note the KPMG International member firm in the United States does not provide immigration or labour law services. However, KPMG Law LLP in Canada can assist clients with U.S. immigration matters.
The information contained in this newsletter was submitted by the KPMG International member firm in South Africa.
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