Renewing general work visas challenging in South Africa
29 May 2017 By: Stefanie de Saude
General work visas are proving virtually impossible to renew, since
the implementation of the current immigration laws on 26 May 2014,
when the Department of Labour took on a more significant role in the
process.

Holders of general work visas, the most commonly sought visa for
foreign professionals working and living in South Africa are finding
it practically impossible to renew their visas.

Applications are regularly rejected for reasons not given or because
the Department of Labour has found that issuing the visa could
discriminate against South Africans, even in cases where the
applicants’ jobs depend on them being fluent in a language not spoken
in South Africa.

The Department has added layers of bureaucracy and inconsistency in
carrying out directives and applying the law, compounding delays in a
process already fraught with hurdles.
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Stefanie de Saude, hears reports almost daily of professionals who
have lived and worked legally in South Africa for years, now denied
renewed work visas and facing the prospect of losing their homes and
jobs and disrupting their families.

The law requires the Department of Labour to assess each application
it receives to determine whether it complies with the regulations
18(3) (a) to (e). These regulations require, amongst other things,
that a diligent search is carried out for a job candidate in South
Africa before a foreign applicant is appointed, and that the skills or
experience of a suitable South African is not available in the labour
market. Thereafter the Department of Labour will issue a certificate
of recommendation to the Department of Home Affairs.

In theory, this should be a relatively simple process taking no more
than around 30 days. In practice, however, the assessment runs to site
visits, SARS checks and more, and can take in the order of seven
months to complete. In many cases, the Department of Labour rejects
the application at which point, Home Affairs rejects it too, citing a
‘negative recommendation from the Department of Labour’ without
providing adequate reasons for the rejection.
Limited scope to appeal

There is limited scope to appeal when the reason for the application
being denied has not

been disclosed.

“Indeed, in our work on numerous such applications, we have only twice
been told why the certificates were not issued â€" and in both cases,
the Department of Labour had found that the foreign language
requirements discriminated against South Africans. Unfortunately, for
the employers and applicants concerned, those foreign language skills
were vital in order to carry out the work,” explains de Saude.

The gap between theory and practice is confusing for all concerned. In
a recent High Court judgment, the applicant in the case applied for a
waiver of the need for a Department of Labour certificate. He was
rejected, for reasons that we have seen before â€" in essence, the
decision maker reiterated the basis of the requirement of the
Department of Labour certificate, without considering whether a waiver
from the usual rules was deserved in this case. On review, the judge
found that that the decision maker had misapplied his/her mind, and
had been needlessly rigid.

Despite this judgement, we still receive waiver refusals for exactly
the same reason and the outcome of work visa applications has begun to
look like a foregone conclusion â€" bad news for applicants.
Critical skills also affected

These challenges are also affecting critical skills visas to some
degree. Where once, applicants in possession of scarce and critical
skills might have been issued with five-year visas, without the need
for an employment contract at the time of application, they are now
being issued with 12-month visas, bound to particular employers, so
undermining the country’s efforts to bring important skills resources
into South Africa and support much-needed skills transfer. The list
itself lacks clarity and fails to support the intentions of the law.
For example, the Department of Home Affairs incorrectly interprets the
BPO category as covering only call centres and no other BPO services,
therefore any critical skills applicants in this category would have
to work in a call centre in order for the visa application to be
approved. The emphasis is therefore not on the skill at all but rather
the sector. V.1968

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.

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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.

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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.

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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.

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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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