Foreigners residing in South Africa are now at risk of expulsion as South Africa’s visa concession expires on March 31st.
The concession introduced in 2022 by the Department of Home Affairs and extended five times since was designed to prevent compliant visa applicants from falling into irregular immigration status.
Its expiry at the end of this month has placed tens of thousands of affected individuals in a state of acute legal uncertainty.
Now, foreign nationals must await the Department of Home Affairs’ (DHA) decision on their visa applications.
If an application remains unresolved after March 31, 2026, the individual may need to take further legal action, and the concession may not continue automatically.
Falling into irregular status in South Africa has severe consequences.
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Being declared an undesirable person means the individual has violated immigration laws and may be banned from re-entering South Africa for a period ranging from one to five years, depending on the severity of the violation.
Extension
Visa Litigation Services (VLS) immigration lawyers have noted that to prevent overstaying their visas, people may need to either leave South Africa or take their cases to court.
“Some have been in South Africa for decades, are married to South African citizens or permanent residents, and have been waiting on DHA’s adjudication outcome since 2022. This is not their fault, and it is unacceptable.”
Jaco Brits, Head of Immigration at Xpatweb, confirmed that while the department has made notable progress in addressing processing delays, some visa categories continue to experience longer adjudication timelines, and many applicants continue to rely on the concession as protection.
He added that a further extension is anticipated given the minister’s and department’s historically responsive approach to affected visa holders.
Foreign nationals from Zimbabwe and Lesotho operate under a distinct, though equally uncertain legal framework.
While discussions continue, holders of these permits currently enjoy protection from arrest, deportation, and undesirable person declarations, but the outcome of those negotiations remains unresolved.
Action
Immigration lawyers are urging all affected foreign nationals to act without delay.
Those with pending waiver or appeal applications should verify their eligibility under the concession, ensure their VFS Global receipts are current and accessible, and seek immediate legal advice if their March 31 status remains unclear.
Anyone who applied before March 7, 2024, and still has no outcome is advised to contact the Home Affairs Contact Centre at hacc@dha.gov.za immediately.
The March 31 deadline is five days away.
For thousands of foreign nationals across South Africa, the next announcement from the Department of Home Affairs may be the most consequential immigration communication they receive in 2026.
