The Covid-19 pandemic has proven to be yet another stick in the spokes for the department of home affairs, further delaying processes that were already slow and inconsistent, and causing despair and disruption for thousands of people and businesses. In addition, an apparent lack of will to rectify the situation is costing the state millions in unnecessary legal fees as unsuccessful applicants head to the courts to appeal.
For years our practice has noted that SA loses skills, business capital and jobs by apparently regarding all foreigners with suspicion, making visa, residency and citizenship applications a complex nightmare that deters foreigners. The pandemic has worsened the problem. Indeed, it would appear that the department is not well equipped to adapt to change: in 2010, when adjudication was centralised to a hub, services collapsed. In 2014, when the law changed, we saw more court cases and further delays. Covid has forced significant change across society and the economy, and again services have ground to a halt.
Racking up costs to the state
As we warned in 2021, the pandemic has further delayed and derailed immigration processes and caused a backlog that could take years to clear â€` particularly in permanent residence and citizenship-related services. We have noted an increase in rejections of critical skills visa applications, freelance work applications by foreign spouses of South Africans, and work authorisations for foreigners with a retired persons visa.
This situation has not changed, forcing applicants to go to court to appeal against their rejections. These cases may be escalated several times â€` each time at a legal cost to the state. As a seasoned immigration expert I have never litigated so much in my life as I have in recent years. In most cases a court case relates to a delay, which is easy to prove and results in the state losing, with cost orders against it.
One gets the impression that the state often appeals as a delaying tactic. With the services of an attorney and a junior advocate costing anywhere from R30,000 to R200,000 per case â€` before the case has even been referred to the Supreme Court or Constitutional Court â€` these delays can cost the state a substantial amount.
Exactly how much this may be costing is difficult to pinpoint. According to the department’s 2018-2019 and 2019-2020 annual reports immigration affairs management is the third programme within the department of home affairs. The line item for legal services records that in 2018-2019 it spent about R32m on legal services, and in 2019-2020 R43m. Unfortunately, there is no further information on how exactly this total is broken down. Both years also record some R2bn in contingent legal liabilities, but “contingent” means the liability may not occur. In other words, the department is being sued for R2bn, but those suits have not yet been concluded.
There is a statement that “claims

in immigration services arise mainly from the unlawful arrest and detention of illegal foreigners, and damages arising from the department’s failure to make timely decisions on visas and permits. Of the total claims, 11 major claims (R5m and above) amounting to R696m, reside under the branch.” But this may refer to damages, not legal costs, and such damages claims are likely to fail.
Home Affairs at a standstill
Efficiency and consistency would clearly be a more cost-effective approach, yet home affairs remains at a standstill, even though the wheels of business are starting to turn again. Thousands of people have been in limbo for about a year as they await outcomes.
Among our clients is a German film director and corporate general manager who has applied for a critical skills work visa and is experiencing lengthy delays in the process. This businessman has companies in SA with the capacity to create jobs and drive investment into the country. On top of this, he has invested over R5m in NGOs and NPOs benefiting children.
Another client is a Ghanaian ICT professional who studied in SA and has applied for a critical skills work visa. He has been informed his application was rejected because he is on a visa restricted “V List”, while simultaneously another home affairs division states that he is not on the V List.
Home affairs recognised in its 2021 budget that “the timeous issuing of permits and visas enables economic growth and removes impediments to foreign investment” and said it aimed to maintain the percentage of business and general work visa applications per year that are adjudicated within eight weeks at 90% over the medium term, and targeted an increase in the percentage of critical skills visa applications per year adjudicated within four weeks from 82% in 2021/2022 to 95% in 2023/2024.
The department also recently announced that it was resuming the processing of applications for permanent residency after a hiatus of nearly two years and an estimated backlog of up to 50,000 applications. It is commendable that the department recognises that there is a problem, but it should be noted that service delivery cannot be achieved when offices are closed or manned by a skeleton staff, and that rushing through adjudication is not enough: adjudication needs to be done consistently, fairly, and in line with the relevant acts.
By improving efficiencies and eliminating poor and inconsistent processing of immigration and work visas the department of home affairs could not only slash the costs and time wasted in legal challenges; it could also support the government’s efforts to encourage foreign investment and create more jobs.
www,samigration.com V.3942

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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