The realities for anyone who applies for a South African work visa outside the “TES” scheme remains that they should expect a frustrating process. There are certain Embassy applications which are remarkably quick and efficient, but these remain the exception. It persists the better strategy to expect a challenging process and here are some pointers -
1. Submit as soon as possible, so you do not have a position where the application becomes late and there is a “self-created urgency”. You must ensure a first-time correct submission.
2. Each application category has very specific requirements in law and Regulations, however, this is the minimum requirement. There is also an additional layer of requirements based on internal adjudication protocols as well as Embassy specific requirements. It is very important that all bases are covered to ensure a first-time correct application.
3. The new standard for a South African work visa “submission pack” is that it must be at a litigation ready level. This does not only apply to the content of the application, but also ensuring procedural formalities when doing your submission. We ensure that all our applications are signed off by both an attorney and counsel, as you need to have comfort in your submission where legal escalation is needed.
4. Monitor the processing times and immediately escalated once overdue. We typically advise a client to start the legal groundwork a week or two before the deadline. Therefore, once a deadline is missed, you can immediately demand that your legal rights are not infringed by the delay in adjudication of the work visa.
Where the above approach is followed, we currently have overall positive experiences, but the market must be educated in knowing that the days of a simple work visa submission and expecting a timely positive outcome is over. There are the notably exceptions, and the market is very grateful for where the DHA or Foreign Embassy shows

efficiency, but that remains the exception.
High Court Agrees on Expeditious Processing
On 20 February 2024, the High Court in Pretoria, granted an order directing the Director-General of the Department of Home Affairs and/or the South African High Commission in the United Kingdom to promptly issue the Applicant with their visa.
The Applicant had applied for the visa in September 2023, but up until the court hearing, she had received no response on her application despite ongoing communication and escalation measures. Consequently, the delayed processing of her application led to the unfortunate separation of a mother from her children and her spouse, as her passport was retained by the High Commission for adjudication of her visa application, leaving her stranded in the UK. As a result, the family experienced tremendous financial and emotional strain, which could have been avoided had the application been adjudicated timeously. In addition, the Applicant was bogarted from rendering her contractual obligations towards the company who made the requisite undertakings in terms of her visa application.
Xpatweb current view on the matter is that whilst legal escalation unfortunate, the importance of getting a work visa timely issued and keeping families together outweighs all other factors. What is interesting to note from the High Court decision, is that the Court ordered not only for the application to be finalised immediately on the same day, but also that the visa is granted in favour of the Applicant, ensuring a positive outcome. Thus, the Court made the decision for the Applicant that the DHA failed, alternatively omitted, or refused to make.
While many remain frustrated with the immigration process and backlogs impact processing times, for applicants who have an overdue application a clear path is available. V.5209

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
Click here for full article

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
Click here for full article

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
Click here for full article

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
Click here for full article

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
Click here for full article

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
Click here for full article

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
Click here for full article

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
Click here for full article

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
Click here for full article

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
Click here for full article