On Wednesday 15 February 2017 we received an unsigned circular which
we believe was produced by the Department of Home Affairs (DHA), and
which Immigration Law Update: “Valid” Visas in Expired Passportsdealt
with the rectification of temporary residency visas and the transfer
of temporary residency visas from one passport to another. The
circular was badly drafted, and appeared to record that temporary
residency visas issued beyond the date of the expiry of a foreigner’s
passport will lapse when the passport expires, and that this DHA
policy would come into effect, immediately.


The DHA sought to justify the circular based upon an interpretation of
Immigration Regulation 2(3) and Section 48 of the Immigration Act 13
of 2002:


• “the period of validity of a passport contemplated in section
9(4)(a) of the Act shall not be less than 30 days after the
foreigner’s intended date of departure from the Republic”.


• no illegal foreigner shall be exempt from a provision of this Act or
be allowed to sojourn in the Republic on the grounds that he or she
was not informed that he or she could not enter or sojourn in the
Republic or that he or she was admitted or allowed to remain in the
Republic through error or misrepresentation, or because his or her
being an illegal foreigner was undiscovered”.


It seemed that the DHA’s stance was that their policy is in line with
the Act and its Regulation and therefore should not come as a shock.


The issuance of visas which extend past the expiry date of
a passport was never intended to be allowed in the first place. Any
issuance thereto was done in error, and should never have been
allowed.


On 21 February 2017 we were then advised by the DHA that the circular
should be “ignored”. It is apparently being “scrapped”, and a

new
document would be issued “soon”. Until further notice we are “to
proceed on the basis that temporary residency visas issued with expiry
dates after passport expiry dates remain valid”.


What this information indicates is that temporary residency visa’s
going forward will most probably not be granted in excess of the
expiry date of a foreigner’s passport (this is in line with our
current legislation). Foreigners are to take this into account when
making travel plans to come to South Africa and/or remain here. It is
possible that the circular was issued to test the waters, in
particular the extent of the public outcry if the policy was to come
into effect immediately upon the issue of the directive.


Besides the moral and constitutional issues in doing so, if the DHA
proceeds with the new policy then practically speaking temporary
residency visas will only be eligible for insertion into new passports
once old passports have expired. To achieve this, applicants will need
to undergo another application process, but they can only do this once
their new passports have been issued. This will create havoc with
applicants who are relying on a continuous temporary residency visa
status to apply for permanent residency, and also with family members
who are dependent on these applicants to remain legally in the
country. My feeling is that the new policy is going to be difficult to
apply to expired passports. If the DHA insists on pushing forward, it
should avoid retracting existing temporary residency visas,
alternatively give these temporary residency visa holders a grace
period within which to sort out their temporary residency
visa/passport situations.


In the meanwhile, all remains as it did previously. V.1920

One of the highlighted topics: Critical Skills Visa.

- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr...
- This matter relates to critical skills visa and its broader implications.
- Individuals are advised to seek professional guidance.

Is your profession on the Critical Skills List? This visa is your fast trac V.6139
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One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.

-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process.
-Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide.
-LHR appeals extension, urges affected people to seek help now.

Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.

In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.

 V.6133
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6128
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6129
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A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.

Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.

 V.6130
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On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.

Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.

 V.6131
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The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs.
The United States’ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions.
The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6127
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1. Right to Legal Representation•You have the right to consult with a legal representative.•Contact an immigration practitioner, legal aid clinic, or attorney urgently.•Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Act•You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you •If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.•BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121
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Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122
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