South Africa’s long-running visa concession, first introduced in 2022 to protect lawfully present foreign nationals from falling into undesired status while the Department of Home Affairs (DHA) addressed historic visa processing backlogs, is approaching its current deadline on 31 March 2026.

Thousands of affected visa applicants with pending waivers and appeals are now awaiting clarity on the next phase of the concession framework in the coming weeks.

Jaco Brits, Head of Immigration at Xpatweb, says while the Department has made notable progress over the past two years in addressing many of the processing delays, some visa categories continue to experience longer adjudication timelines, and many applicants continue to rely on the concession as protection.

Since its introduction, the concession has been extended five times by the Minister of Home Affairs to ensure that affected visa holders could remain in South Africa legally while the Department worked through outstanding applications.

When Dr Leon Schreiber, Minister of Home Affairs in the Government of National Unity (GNU), announced in September 2025 that the concession would be extended until 31 March 2026, the move was widely welcomed as it provided additional time for the department to continue its backlog reduction efforts.

With the current deadline now approaching, attention is turning to what the next steps may be.

Progress Made, But Pressure Points Remain

The original visa concession was introduced when application backlogs had built up over nearly a decade, affecting work visa holders, critical skills applicants, and permanent residence candidates.

“While Home Affairs has made substantial progress in tackling the backlog, some pressure points remain, particularly in the adjudication of appeals,” says Brits. “Certain decisions have been pending for extended periods, which can create uncertainty for applicants. 

Accelerated efforts to resolve historic backlogs have improved overall turnaround times, but in some instances, they have also unintentionally led to a build-up of pending appeals. For this reason, immigration practitioners see merit in a further extension of the concession while remaining matters are finalised.

Potential Scope for a Further Extension

While the current concession primarily safeguards waiver applicants and those with pending appeals, some visa categories continue to face extended processing times.

Applications for permanent residence and waivers may still benefit from protection under a renewed extension. Brits highlights that section 11(6) visitor visas issued to spouses of South African citizens or permanent residents can experience lengthy processing times and may remain vulnerable.

In this context, the narrower relief provided under the current concession until 31 March 2026 may not fully address all remaining cases.

He adds that the Minister and Department have historically been responsive to the needs of affected visa holders, and a further extension is anticipated.

Brits also notes that the rising number of legal escalations linked to long waiting periods underscores the potential value of broader coverage should the concession be renewed.

What Happens If the Concession Ends on 31 March 2026?

The concession was designed to prevent compliant visa applicants from inadvertently falling into irregular status due to administrative delays. 

“Another extension would provide critical certainty for applicants in this situation,” says Brits. “It would allow them to remain in South Africa lawfully while the Department completes the adjudication of outstanding waiver and appeal matters.”

At the same time, immigration practitioners caution that both individuals and employers should plan carefully in the coming weeks. Without a further extension, some applicants with pending waiver or appeal decisions could lose lawful status, potentially requiring them to depart the country and risking an undesirable status declaration upon exit.

Looking Ahead

The visa concession has played a significant role in stabilising South Africa’s immigration environment during a period of administrative recovery. The coming weeks will be important in determining how the remaining cases are managed.

Whether through a further extension, an expanded protection framework, or alternative administrative measures, affected visa holders and employers should remain attentive to announcements from the DHA as the 31 March 2026 deadline approaches.

INFO BOX: Current Concession

The concession currently in place until 31 March 2026 provides protection for:

• Waiver Applicants: Visa holders who have submitted a waiver application that remains pending.
• Appeal Applicants: Visa holders who have appealed a negative decision on a long-term visa or the refusal of permanent residence.

Written by XpatWeb