Key Takeaway
1. **Points-based system**: More transparent and objective than previous subjective assessment
Current Landscape - South African Immigration (February 2026)
WHAT'S HAPPENING RIGHT NOW
1. Immigration Amendment Bill - Awaiting Presidential Assent
- Passed National Assembly: 11 September 2025
- Passed NCOP: 17 December 2025
- Status: Awaiting President Ramaphosa's signature
- What it does: Fixes constitutional deficiencies in Section 34 (detention of illegal foreigners)
- Key change: 48-hour court appearance requirement for detained foreigners
- Expected: Signed into law Q1 2026
2. Revised White Paper - Public Consultation Complete
- Published: 12 December 2025
- Public comment deadline: 15 February 2026 (extended from 31 January)
- Status: DHA analyzing public submissions
- What it proposes: Complete overhaul of immigration system
- Skilled Worker Visa (merging Critical Skills + General Work)
- Startup Visa
- Trusted Employer Scheme
- Digital One-Stop-Shop
- Asylum system reform
- Citizenship reforms
3. DHA Concession 22 of 2025 - Active
- Period: 1 October 2025 to 31 March 2026
- What it does: Allows legally admitted foreign nationals with pending waiver or long-term visa/appeal applications to remain in SA legally until 31 March 2026
- Why: DHA processing backlogs mean applicants waiting beyond visa validity
- Impact: Protects thousands of foreign nationals from becoming technically illegal
4. ETA Phase 2 - Operational
- Active since: November 2025
- Eligible: Mainland China, India, Indonesia, Mexico nationals on ordinary passports
- Ports of entry: OR Tambo, Cape Town International, Lanseria International
- Status: Operational, planning expansion to more countries and ports
5. Points-Based System - In Effect
- Active since: 9 October 2024
- Status: All new General Work and Critical Skills applications assessed under points system
- Minimum: 100 points
- Key waiver: Labour market test (DoL certificate) no longer required
- SAQA waiver: 12-month visa available while awaiting SAQA evaluation
6. SIU Investigation into DHA Corruption
- Status: Ongoing investigation
- Findings: Syndicate of DHA officials selling visas and permanent residence permits
- Impact: Increased scrutiny, potential delays, staff changes
- Reported: February 2026 (Daily Maverick)
7. Enforcement Escalation Post-SONA 2026
- Multi-departmental workplace raids across the country
- President Ramaphosa highlighted illegal immigration as a priority
- Department of Employment and Labour ramping up inspections
- Newcastle textile belt operation: 34 undocumented nationals, 2 employers arrested
- Focus: manufacturing, hospitality, agriculture, construction
8. DTIC VRS System - Going Live
- Online Business Visa Recommendation System
- Live from 10 March 2025
- No emailed applications accepted from 1 April 2025
- Processing target: 45 working days
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Learn more →KEY TIMELINES TO WATCH
| When | What |
|---|---|
| 31 March 2026 | DHA Concession 22 expires - foreign nationals with pending applications must have resolution or new concession |
| Q1 2026 | Immigration Amendment Bill expected to be signed into law |
| Q2 2026 | White Paper public consultation analysis expected to be completed |
| 2026 | ETA expansion to additional countries and ports of entry |
| 2026-2027 | Finalized White Paper expected |
| 2027+ | New comprehensive Immigration Bill based on White Paper |
CURRENT CHALLENGES
For Applicants
- Long processing times (especially PR applications)
- SAQA evaluation backlogs
- Professional body registration delays
- Uncertainty during transition period
- Inconsistent DHA communication
- VFS appointment availability
- Document requirements sometimes unclear or changing
For Employers
- Compliance burden increasing (enforcement escalation)
- Processing delays affecting workforce planning
- Points-based system learning curve
- Trusted Employer scheme not yet fully defined
- Risk of penalties for non-compliance
For the Immigration System
- Massive application backlog
- Corruption within DHA (SIU findings)
- Technology transition (ETA, ePermits) still in progress
- Capacity constraints (staff, infrastructure)
- Policy uncertainty (White Paper not yet finalized)
- Constitutional challenges to enforcement provisions
RECENT POLICY WINS
- Points-based system: More transparent and objective than previous subjective assessment
- Labour market test waived: Removed a major bottleneck for work visas
- SAQA/Professional body waivers: Allows 12-month visas while processing
- Remote Worker Visa: New pathway for digital nomads earning R1M+
- ETA launch: Modernizing the visa application process
- Visa-exempt expansion: More Eastern European countries added
- DHA Concessions: Protecting applicants from becoming illegal due to backlogs
WHAT TO EXPECT NEXT
Short Term (2026)
- Immigration Amendment Bill signed into law
- ETA expanded to more countries
- Continued enforcement operations
- Concession extension possible if backlogs persist
- Trusted Employer criteria likely published
Medium Term (2026-2027)
- Finalized White Paper published
- New Immigration Bill drafted
- Full ETA rollout
- Digital transformation of DHA services
- Critical Skills List review
Long Term (2027+)
- New comprehensive immigration legislation
- Fully digital immigration system
- Skilled Worker Visa replacing current dual system
- Startup Visa operational
- Trusted Employer Scheme fully operational
- Asylum system reform implemented
KEY CONTACTS & RESOURCES
| Resource | Contact/URL |
|---|---|
| DHA General Enquiries | 0800 60 11 90 |
| DHA Website | https://www.dha.gov.za |
| VFS Global Booking | https://visa.vfsglobal.com/zaf/en/dha/ |
| ePermits Portal | https://ehome.dha.gov.za/epermit/home |
| SAQA Applications | https://www.saqa.org.za |
| DTIC (Business Visa) | https://www.thedtic.gov.za |
| Minister's Office | Through DHA website |
| UNHCR South Africa | https://help.unhcr.org/southafrica/ |
