HOME AFFAIRS SCRAP THE 60-DAY FILING RULE

Foreign nationals in South Africa no longer have to lodge visa extension or change-of-status applications at least 60 days before their visa expires. The Minister of Home Affairs, Dr Leon Schreiber, signed Immigration Directive 13 of 2026 on 2 October 2026, granting a blanket waiver of the requirement under section 31(2)(c) of the Immigration Act 13 of 2002. The Directive was circulated on 8 October 2026.

The 60-day rule in regulation 9(2) of the Immigration Regulations, 2014 has been one of the most common grounds for refusal of otherwise valid applications. Many applicants, through no fault of their own, have been unable to secure appointments or gather supporting documents in time. The Directive removes that obstacle.

WHO BENEFITS

The waiver applies to three groups:

1. Pending applications: all applications for extension or change of status or conditions that are still awaiting adjudication.
2. Pending appeals: all appeals still pending where the application was refused because it was not submitted 60 days before the visa expired.
3. Future applications: all applications for extension or change of status or conditions submitted to the Department of Home Affairs from now on.

If you have an appeal pending on this ground, the Directive gives you a strong basis for the refusal to be overturned.

THE ONE CONDITION: FILE BEFORE YOUR VISA EXPIRES

The waiver is conditional. Your application must be submitted while your current visa is still valid. An application lodged after expiry is not covered and will be dealt with under section 32(1) of the Immigration Act, read with regulation 30(1) of the Immigration Regulations, which govern persons who are in South Africa illegally.

In practical terms, you may now apply at any point up to the last day of your visa's validity, including within the final 60 days. You may not apply once it has expired.

WHAT TO KEEP IN MIND

The Directive is a waiver, not an amendment. Regulation 9(2) remains in the Immigration Regulations, and a ministerial waiver can be withdrawn. We continue to recommend that applicants file well in advance wherever possible.

The Directive also does not assist anyone whose visa has already expired. Applicants in that position may need a separate remedy and should take advice promptly.

Finally, the Directive refers to pending applications and pending appeals. It is not clear whether applicants whose appeals have already been finally decided against them on the 60-day ground can rely on it. Each case should be assessed on its own facts.

HOW WE CAN HELP

Shepstone & Wylie's immigration team can:

1. review pending applications and appeals affected by the 60-day rule;
2. prepare supplementary submissions relying on the Directive; and
3. advise on filing strategy for upcoming extensions and changes of status.

We also assist employers in managing compliance for foreign employees.

For advice, please email Kate Oosthuizen at koosthuizen@wylie.co.za or call 031 575 7542.