29/08/2026
IMMIGRATION UPDATE: GET IT RIGHT THE FIRST TIME
I am getting call after call from people who are getting rejection letters for their visa, waiver or PR applications. Others are refused asylum or renewals. People who have been scammed, given fake documents and had their visa, waiver or immigration application rejected. What concerns me is how often the underlying case was potentially workable, but the application itself left DHA with an avoidable reason to refuse. Silly things such as outdated supporting documents, documents being omitted, police clearances or other documents that do not meet the applicable requirements. Then there are applications that fail to properly address the legal requirements of the visa category; and rejection reasons that were never anticipated and dealt with in the motivation.
Waiver applications are particularly dangerous when they are drafted too broadly. Section 31(2)(c) allows the Minister, for good cause, to waive a prescribed requirement or form. But simply saying “I need a waiver so that I can apply for a work visa” is not enough. The application should identify what prescribed requirement is actually being asked to be waived and establish good cause for that particular relief. VFS's own published requirements state that the requirement to be waived must be cited and comprehensively motivated. South African case law also confirms that good cause depends upon the facts of the particular application.
The same applies to Good Cause applications and motivations. A strong application should not merely tell someone's life story. It must connect the facts to the legal obstacle that needs to be overcome and explain, with evidence, why the requested relief is justified.
Rejections are disappointing, they waste time and money. A rejection means another application, another fee, an appeal, months of additional waiting and, depending on the person's status, potentially much more serious immigration consequences.
Right now the system is under enormous pressure. Parliament reported this week that DHA had 21,847 pending immigration appeals as at 28 July 2026, with 13,148, or 60.2%, already overdue. It is so bad that Immigration Directive 7 of 2026 has extended temporary protection from administrative delays for certain pending waiver, visa and appeal applicants until 30 June 2027.
EMPLOYERS: 4 SEPTEMBER 2026 MATTERS
South Africa has launched Phase 2 of the digital Trusted Employer Scheme (TES).
Expressions of Interest opened on 20 July and close on 4 September 2026. Phase 2 specifically expands the scheme towards qualifying employers. Successful trusted employers can benefit from a streamlined, risk-based immigration process for recruiting foreign employees.
Missing 4 September does not make a company illegal and it does not mean it can no longer employ foreign nationals. It is a missed opportunity to seek TES accreditation but will not cause any legal problems for the company.
WHY COMPLIANCE MATTERS NOW
Government is making its direction very clear.
In July 2026 alone, government reported more than 16,208 undocumented foreign nationals arrested through Operation Shanela and related multidisciplinary operations. It also reported 6,317 labour inspectors conducting workplace inspections as part of multidisciplinary compliance operations.
This week, reports emerged from an SIU investigation alleging a coordinated visa-fraud system involving fraudulent study documentation, forged supporting documents and corrupt Home Affairs officials. That investigation covers a broad range of immigration categories, including permanent residence, work, study and business visas.
The law itself is changjng. The Revised White Paper on Citizenship, Immigration and Refugee Protection in 2026 has been approved. It proposes a fundamental restructuring of the system, including ultimately consolidating the Citizenship Act, Immigration Act and Refugees Act.
Stricter Asylum laws and less access for those who have travelled through another safe country
Refugee offices closer to ports of entry
Stronger security and biometrics at borders
Foreign workers will be more restricted with job choices
DHA is linking records and becoming digital
Don't wait for the nee, stricter laws or until you have a rejection letter, an expired status, an employee who can no longer work, or an appeal sitting in a queue. We assess and prepare your specific solution.
We assist with visas, waivers, Good Cause applications, appeals, rejected applications, overstays and undesirability, asylum matters, permanent residence, family immigration, work visas and employer immigration compliance.
For employers, we can also assess whether your business may qualify for Trusted Employer Scheme Phase II before the 4 September deadline, and identify gaps in your foreign-worker compliance.
Immigration matters can seem daunting and complicated but when applied correctly there is usually a solution.
081 212 7121
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