Covid-19: Home Affairs outlines temporary measures to deal with immigration issues

The Department of Home Affairs has outlined temporary measures which have been put in place to address immigration matters during the lockdown period.

The temporary measures were introduced after President Cyril Ramaphosa declared a national state of disaster on 15 March.

A statement released by the department said that the visa concessions listed below apply to those with visas which expired after 15 February 2020, unless a person has proof that they had already submitted an application for a visa extension prior to 15 February and that the outcome is pending.

These temporary measures will remain valid until 31 July unless extended by the department. They apply only to foreign nationals who have been legally admitted into the country.

Expiry of visas

Holders of temporary residence visas which expired from mid-February, who did not renew their visas before the lockdown, will not be declared illegal or prohibited persons.

Any person whose visa expired before or during the lockdown will not be arrested or detained for holding an expired visa.

Those who opt to return to their countries of origin or residence after the lockdown instead of renewing their visas will not be declared undesirable upon departure.

Visa application and adjudication

During the lockdown, the department is not receiving or adjudicating applications for visas and permanent residence permits.

Foreign nationals whose visas expired after 15 February may reapply for their respective visas or relevant visa exemptions while in the country immediately after the lockdown has been lifted. They will not be required to apply for authorisation to remain in the country.

Foreign nationals whose visas expired after 15 February, who had scheduled appointments on dates which fall within the lockdown period, should reschedule their appointments to an available date after the lockdown has been lifted.

Work, study and business

People whose visas expired during the lockdown and those who have submitted their applications before the lockdown but their applications are still pending, will be allowed to work, study or conduct business after the lockdown while waiting for the outcome of their applications.

Visas for high-risk countries

Visas issued to nationals of high-risk countries, who were outside the country on 15 March, were revoked as per the directions issued by the department in terms of the Disaster Management Act, 2002. These visas remain revoked.

Departure of foreign nationals

During the lockdown, except for cases relating to expatriation initiated by another state, all foreign nationals who are currently in South Africa may not depart.

Lesotho exemption permit

Holders of the Lesotho Special Permit have until 5 June to submit their applications for the Lesotho Exemption Permit. The Lesotho Special Permits which expired on 31 December last year remain valid until 15 June. No new applications will be taken.

Expiry of asylum seeker permits

Any asylum seeker whose visa expired from 16 March to the end of the lockdown period will not be penalised or arrested provided that they legalise their visa within 30 calendar days of the lockdown being lifted.

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