On 23 September 2025, the Department of Home Affairs in South Africa issued Immigration Directive No. 22 of 2025, granting a temporary extension of legal stay and associated travel rights with pending waiver and appeal applications, in response to ongoing processing delays.1
WHY THIS MATTERS
This temporary concession affects foreign nationals in South Africa whose waiver or appeal applications remain unresolved. The extension until 31 March 2026, allows impacted individuals to maintain their legal status, travel in and out of South Africa without being declared undesirable, and provides additional time to collect outcomes and submit appropriate visa applications.
For employers and global mobility managers, this reduces the risk of workforce disruptions, unintentional over-stays, and related compliance issues. However, strict conditions apply: only those who applied via VFS Global and can produce verifiable application receipts are eligible, and visa holders must adhere strictly to the conditions of their current visa.
Context
Earlier in 2025, the Department of Home Affairs implemented measures to address backlogs in the visa and permit regime (see GMS Flash Alert on Immigration Directive No. 4 of 2025).
While those backlogs have been largely resolved, waiver and appeal applications remain delayed and will not be finalised before the prior concession deadline of 30 September 2025. Directive No. 22 extends the relevant concessions and clarifies requirements for travel and visa status during the interim period.
Key Highlights
Waiver and Appeal Applications
Visa holders and permanent residence applicants with pending waiver or appeal applications as of the directive’s signature date are granted a temporary extension of their current legal status until 31 March 2026.
Travel Provisions
Eligible applicants may depart and re-enter South Africa through a port of entry until 31 March 2026, without being declared undesirable under section 30(1)(h) of the Immigration Act and regulation 27(3). However, non-visa-exempt individuals must obtain a port-of-entry visa if traveling with a pending waiver or appeal application.
Documentation Requirement
Appeal applicants must present the rejection letter and proof of appeal submission (receipt/confirmation) when departing or re-entering.
Eligibility Conditions
Concessions apply only to individuals legally admitted into South Africa who have filed via VFS Global and can produce a verifiable application receipt.
KPMG INSIGHTS
Steps to Consider
In light of the upcoming changes, organisations and entities within the scope of the directive may wish to consider the following:
- Organisations may wish to help raise awareness of all employees and assignees with pending waivers or appeal applications of the new deadlines, and determine that they possess the necessary documentation, and that they follow port-of-entry visa requirements if not visa-exempt.
- HR teams may wish to monitor the VFS Global tracking status and proactively communicate travel and status procedures.
Affected parties that require clarification regarding the terms and conditions of the directive, and who is eligible for the temporary extension, should consult with their qualified immigration adviser or a member of the immigration team with KPMG in South Africa (see the Contacts section).
FOOTNOTE:
1 Department of Home Affairs, “Immigration Directive No. 22 of 2025: Extension of Temporary Concession for foreign nationals due to processing delays of waiver and appeals applications.”
Contacts
Disclaimer
* 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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