In terms of Regulation 9(5)(a) and Regulation 9(8)(c) of the Immigration Regulations, a foreign national in South Africa applying for a change of status or conditions of their visa, or a visa renewal, is required to submit the application “no less than 60 days prior to the expiry date of his or her visa.”
The waiver, signed by Dr Leon Schreiber on 8 October 2026, provides a path forward for hundreds of foreign nationals and their families affected by the 60-day requirement.
In Immigration Directive 13 of 2026 the Minister said the waiver follows after considering representations made to him by the Department “based on the unintended consequences of applying sub-regulation 9(8)(c) and 9(5)(a).”
A Rare Case of a Waiver Applying Retrospectively
Jaco Brits, Head of Immigration at Xpatweb, says the latest development is particularly significant because the waiver will apply retrospectively, including to qualifying applications that are currently under Appeal.
The Department indicated that negative decisions on affected Appeal applications will be overturned, allowing the underlying visa applications to be processed and issued accordingly. Once the relevant Appeal applications have been overturned, the applications of affected accompanying family members, can also be resolved.
Ordinarily, a waiver applies from the date on which it is granted going forward. The retrospective nature of the 60-day rule waiver could provide the Department of Home Affairs with a mechanism to efficiently resolve the number of pending applications and appeals awaiting adjudication.
The retrospective waiver therefore creates an opportunity not only to address the cases already affected, but also to bring greater certainty around future applications.
The development comes against the backdrop of the Department recognising the importance of an efficient appeals process, with the Appeals Unit established to improve the management and turnaround of visa and permanent residence appeals.
Solving Historic Issues, Geared for Future Applications
The waiver will not only resolve the visa applications currently under appeal but will also allow future visa applications to be submitted without the burden of doing so 60 days prior to expiry. This change should remove the challenge for applicants going forward.
Meanwhile it is also expected to create relief for the Department in processing these applications on a first-time basis without the need to consider extenuating circumstances through a waiver or appeal process which backs up the system significantly.
Brits says the retrospective application of the waiver is important given the scale of the impact experienced by applicants. It also provides a clear pathway to resolving these outstanding matters and, importantly, allows affected family applications to finalise matters.
He adds: “While it may take several months for the affected cases to work through the system, we are encouraged by the feedback received from the Department and are confident that we are on track towards resolving these matters.”
Important to note, all visa applications must still be submitted prior to their visa expiry date. The waiver does not mean that applicants can remain in South Africa after their visas have expired without having submitted a new application.
Easing the Knock-on Effect of the 60-Day Requirement
Brits says that, although the 60-day rule has been in place for several years, its application over approximately the past 12 months has increasingly resulted in visa applications being refused solely because they were submitted within the 60-day period, regardless of whether this is through no fault of the applicant.
This has had a huge knock-on effect, with affected applicants having to pursue Appeals against refusals which gradually built up.
According to Brits, Xpatweb has seen a significant influx of visa refusals where the 60-day requirement was the sole reason for the rejection. This, in turn, created an additional backlog in Appeal applications, with hundreds of applicants and their families affected.
In light of this, the waiver is a welcome development.
He emphasised that for employers and foreign nationals, the immediate priority will be to identify affected cases and ensure that qualifying matters are dealt with in line with the latest guidance from the Department.
In terms of Regulation 9(5)(a) and Regulation 9(8)(c) of the Immigration Regulations, a foreign national in South Africa applying for a change of status or conditions of their visa, or a visa renewal, is required to submit the application “no less than 60 days prior to the expiry date of his or her visa.”
The waiver, signed by Dr Leon Schreiber on 8 October 2026, provides a path forward for hundreds of foreign nationals and their families affected by the 60-day requirement.
In Immigration Directive 13 of 2026 the Minister said the waiver follows after considering representations made to him by the Department “based on the unintended consequences of applying sub-regulation 9(8)(c) and 9(5)(a).”
A Rare Case of a Waiver Applying Retrospectively
Jaco Brits, Head of Immigration at Xpatweb, says the latest development is particularly significant because the waiver will apply retrospectively, including to qualifying applications that are currently under Appeal.
The Department indicated that negative decisions on affected Appeal applications will be overturned, allowing the underlying visa applications to be processed and issued accordingly. Once the relevant Appeal applications have been overturned, the applications of affected accompanying family members, can also be resolved.
Ordinarily, a waiver applies from the date on which it is granted going forward. The retrospective nature of the 60-day rule waiver could provide the Department of Home Affairs with a mechanism to efficiently resolve the number of pending applications and appeals awaiting adjudication.
The retrospective waiver therefore creates an opportunity not only to address the cases already affected, but also to bring greater certainty around future applications.
The development comes against the backdrop of the Department recognising the importance of an efficient appeals process, with the Appeals Unit established to improve the management and turnaround of visa and permanent residence appeals.
Solving Historic Issues, Geared for Future Applications
The waiver will not only resolve the visa applications currently under appeal but will also allow future visa applications to be submitted without the burden of doing so 60 days prior to expiry. This change should remove the challenge for applicants going forward.
Meanwhile it is also expected to create relief for the Department in processing these applications on a first-time basis without the need to consider extenuating circumstances through a waiver or appeal process which backs up the system significantly.
Brits says the retrospective application of the waiver is important given the scale of the impact experienced by applicants. It also provides a clear pathway to resolving these outstanding matters and, importantly, allows affected family applications to finalise matters.
He adds: “While it may take several months for the affected cases to work through the system, we are encouraged by the feedback received from the Department and are confident that we are on track towards resolving these matters.”
Important to note, all visa applications must still be submitted prior to their visa expiry date. The waiver does not mean that applicants can remain in South Africa after their visas have expired without having submitted a new application.
Easing the Knock-on Effect of the 60-Day Requirement
Brits says that, although the 60-day rule has been in place for several years, its application over approximately the past 12 months has increasingly resulted in visa applications being refused solely because they were submitted within the 60-day period, regardless of whether this is through no fault of the applicant.
This has had a huge knock-on effect, with affected applicants having to pursue Appeals against refusals which gradually built up.
According to Brits, Xpatweb has seen a significant influx of visa refusals where the 60-day requirement was the sole reason for the rejection. This, in turn, created an additional backlog in Appeal applications, with hundreds of applicants and their families affected.
In light of this, the waiver is a welcome development.
He emphasised that for employers and foreign nationals, the immediate priority will be to identify affected cases and ensure that qualifying matters are dealt with in line with the latest guidance from the Department.
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