The Home Affairs Office in Roodepoort, South Africa. The Department of Home Affairs is a custodian, protector and verifier of the identity and status of citizens and other residents in South Africa.
Home Affairs should resume processing permanent residency applications that have been suspended since March 2020 ‘as soon as possible, with measures to reduce this backlog’, according to a Presidency document from earlier this month.
But it’s only from 1 January 2022 the permanent residency applications would again be considered, although appeals against permit decisions restart from October 2021, according to Home Affairs Minister Aaron Motsoaledi’s State of Disaster directions in the 30 June 2021 Government Gazette.
The permanent residency application stoppage over the past 17 months has left tens of thousands of people â€` 33,700 by Home Affairs’ own count â€` in limbo.
When asked whether halting the processing of permanent residence application was not a violation of the Immigration Act â€` its preamble stipulates expeditious issuing of residence permits though simplified procedures based on predictable and reasonable criteria â€` the Home Affairs written response was it “is offering services in line with the State of National Disaster and the ministerial directions. This is within the provisions of law”.
The State of Disaster was declared on 15 March 2020, and has been renewed without fail since then. South Africa remains in Covid-19 lockdown; on Thursday, the country marked lockdown day 518.
The Presidency document, seen by Daily Maverick, was presented earlier in August to what’s called the National Economic Recovery Committee.
“The Department of Home Affairs has suspended the processing of applications for temporary and permanent residence visas or citizenship since March 2020, resulting in a large backlog of applications. The processing of applications needs to resume as soon as possible, with measures to reduce this backlog,” says the document in the section on improving the regulatory framework for skilled immigration.
The committee is understood to be part of implementing the Economic Reconstruction and Recover Plan President Cyril Ramaphosa presented in Parliament in mid-October 2020, and works alongside Operation Vulindlela, the joint initiative between the Presidency and National Treasury to undo bottlenecks to key structural reforms for economic growth.
“Investors and industries find the process of obtaining a scarce or critical skills work permit to be lengthy and onerous and sometimes ineffective at solving their short-term skills shortages,” said the Operation Vulindlela presentation to MPs on Wednesday.
Delays and difficulties to obtain scarce skills, work and permanent residency permits have long been a bone of contention, also at the National Economic Development and Labour Council (Nedlac) where business has called on the government to facilitate and streamline work, scarce skills and permanent residency applications.
For immigration specialist lawyer Gary Eisenberg, the suspension of processing permanent residence applications since March 2020 “has been the undoing of the entire immigration system”.
The 60-day turnaround time regulations stipulated on paper already had “evaporated” â€` a four- to five-year permanent residency application process has become routine â€` in a complex mix of factors, including resignation of senior Home Affairs officials.
“The lack of proper adjudication capacity has effectively transformed an architecturally simplistic process into a conflagration for many people,” Eisenberg told Daily Maverick via email.
“Foreigners, who have invested in this country in one way or another â€` buying a home, keeping cash in a South African bank, employing a single South African as a domestic or in any other capacity, or local business interests â€` can no longer rely on the visa application process to live an ordinary, secure existence in this country. Coupled to the quality of decision-making are the endemic delays in visa adjudication forcing people to wait five to eight months for decisions in the routine flow… Obtaining permanent residence status is therefore relied on as the ultimate antidote to this bureaucratic failure.”
No one yet has challenged Home Affairs’ decision to suspend processing permanent residency applications, seemingly as courts have erred on the side of caution to largely uphold Covid-19 motivated executive directives.
From individuals, who remain vulnerable pending the finalisation of permanent residency

even if they invest money, conduct business and create employment, to businesses which have long complained of residence permit, visa and immigration difficulties, and immigration specialists, to now also some circles in government, dissatisfaction with Home Affairs seems widespread.
Coincidentally, the department’s immigration services have missed six out of its 10 targets, yet overspent by 101% its R1,26-billion allocation, according to Parliament’s research unit summary of performance in the final quarter of the 2020/21 financial year prepared for MPs last week. The overspend was attributed to expenditure on meals at Lindela repatriation facility, and legal fees.
On the backlog of permanent residence applications the Presidency document described as “large”, Home Affairs differed, and downplayed the numbers.
The backlog currently stands at 33,700 permanent residence applications, but this predated the Covid-19 pandemic, and a team has been put together to deal with the backlog.
“In July 2021, the department analysed the applications it received for permanent resident permits between January 2015 and December 2020. In this period 119,517 applications were received,” said the Home Affairs written response of Wednesday evening.
“The analysis of this data indicates that, contrary to popular belief, most of the applicants to whom Home Affairs issues the highest number of permanent residence, are in the category of ‘spousal and dependent’ applications. More than 68,400 applications over this period fell into this category. These applications do not require the spouse of the dependent to be economically active.”
On those numbers, it seems Home Affairs has issued just 17,417 residence permits for primary applicants, not spouses or dependents. Sections 26 and 27 of the Immigration Act allow permanent residency applications from those who for at least five years have had work permits, including corporate permits, those with special skills, or those wanting to open a business or retirees.
Home Affairs told Daily Maverick it “regularly reviews the services it is offering to take into account the threat posed by Covid-19” and thus decided to temporarily suspend processing of permanent residence applications.
“There were no applications coming in during this period,” said the department, adding other reasons included a ban on international travel, port closures and the closure of the department’s VFS service provider offices to minimise contact services.
But Home Affairs referred a question whether it is finding itself under pressure over permanent residence and other immigration measures, to the Cabinet spokesperson.
“Decisions of Cabinet are taken on the basis of what is before it,” said Government Communication and Information System [GCIS] Director-General Phumla Williams, who speaks for Cabinet, on Thursday.
New immigration documents may well eventually be found in Cabinet for consideration.
The Presidency document outlines a review of the immigration policy framework and processes for skilled immigration, led by Mavuso Msimang, a former Home Affairs director-general, to coordinate inputs from the departments of Home Affairs; Trade, Industry and Competition; Employment and Labour; and Higher Education and Training.
That four-month review is under way and is set to be completed by the end of October 2021 to “provide recommendations on the changes that are required to the policy framework for skilled immigration”.
Skilled immigration, and permanent residency, are part of this drive, mentioned as key in Ramaphosa’s February 2021 State of the Nation Address to promote economic growth and attracting skills.
And while Home Affairs did publish its draft list of scarce skills for comment within the presidential deadline, it included some odd skills like camping ground manager.
The public comments are currently being analysed, and Home Affairs’ target date for releasing a final list of scarce skills has emerged as 17 September 2021.
Whether that will happen remains to be seen. Also uncertain is the impact, if any, on an immigration regimen that has suspended processing permanent residence applications until 1 January 2022.
www.samigration.com V.3693

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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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.

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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.

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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