Johnathan Paoli
Newly-appointed Minister of Home Affairs Leon Schreiber has extended the temporary concession for foreign nationals who are currently awaiting the outcome of visa, waiver and appeal applications.
Home Affairs informed the media on Thursday, with ministerial spokesperson Siyabulela Qoza saying the intended extension would serve to safeguard applicants from suffering adverse consequences or being erroneously declared undesirable while awaiting the outcome of applications submitted to the Department.
“The decision to avert adverse consequences for applicants who seek to obtain lawful visas in order to contribute to South Africa, either through their skills or as tourists, signals the Minister’s commitment to improving the visa system to make South Africa a more attractive destination for international investment, tourism and job creation,” Qoza said.
The delays of processing are reportedly a result of the Department attempting to reduce backlogs, with the spokesperson saying that despite progress being made, there remained a backlog in various visa and permit categories.
Qoza outlined the temporary measures which are expected to apply with immediate effect.
Visa holders who have applied for a waiver and whose application is still pending as of the end of June, are granted a further temporary extension until the end of the year, in order to allow for the processing of the application, for applicants to collect their outcomes and to submit applications for appropriate visas.
Visa holders who have pending applications for long-term visas – visitor’s, business, study, relative’s and work visas – as of the end of June; and visa holders who have appealed a negative decision on an application for long-term visas are granted a further temporary extension.
Qoza said those who wished to abandon their waiver applications and leave the country, would be allowed to exit at a port of entry, while those who needed to travel, would be allowed to exit and re-enter a port of entry, without being declared undesirable in terms of section 30(1)(h) of the Immigration Act.
The spokesperson said short term visa holders issued in terms of section 11(1)(a) of the Immigration Act for 90 days or less, who have applied for a renewal but have not received their outcome, must make the necessary arrangements to depart the country within 90 days from the date of expiry of the principal visa, or risk being declared undesirable.
Qoza said that while the Department is committed to eradicating the backlog as soon as possible, any further extension, modification or amendment to the terms of these concessions would be communicated in writing before the expiry date of 31 December this year.
He said these concessions were only applicable to applicants who have submitted their applications via the visa and passport administration outsourcing company VFS Global and are capable of producing a verifiable receipt of their application.
The Minister announced on Monday that addressing the visa backlog would be high on his agenda following complaints from businesses over the long delays companies experience in obtaining work visas for senior personnel.
Schreiber said the inability of skilled people to get visas was a huge loss to the country, and there was an urgent need to have a process whereby people who want to contribute skills or capital to the country are able to do that.
“It will be a long slog to get Home Affairs to where we want it to be. But with energy and thinking in terms of business processes, reforms and modernisation, we can make an impact,” the minister said.
He said the department was central to people’s lives and reforms were needed to enhance the dignity and efficiency of services.
“This department is fundamentally about human dignity, which has been infringed upon by the failures we have seen,” Schreiber said.
On the contentious issue of Zimbabwean Extension Permits (ZEPs), the Minister said that the process was rushed as indicated by the courts overturning departmental decisions, and being unconstitutional.
It was important to note that some people on ZEP upgraded their skills and are different from illegal immigrants, he said.
“There is a need to differentiate, there are people on the ZEP who have subsequently applied for other visas, obtained skills, seeking to contribute to South Africa, and who have waited a long time for their applications to be processed,” Schreiber said.
He said in a lot of ways, the issues relating to foreign nationals in the country have been the failures and capacity problems of the Department itself, and thus it needed to get its own house in order.
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