8 October 2026
Minister Schreiber has signed Immigration Directive 13 of 2026 and has waived the 60-days filing rule. Signed on 2 October 2026 and only circulated today. The Directive reads:
DEPARTMENT OF HOME AFFAIRS: HEAD OFFICE
VISA FACILITATION CENTRES
IMMIGRATION DIRECTIVE NO 13 OF 2026
REQUEST IN TERMS OF SECTION 31(2)(c) OF THE IMMIGRATION ACT, 2002 (ACT NO. 13 OF 2002): APPLICATION FOR BLANKET WAIVER: APPLICATION FOR EXTENSION AND CHANGE OF STATUS OR CONDITIONS OF VISAS TO BE SUBMITTED NO LESS THAN 60 DAYS BEFORE THE EXPIRY OF THE EXISTING VISA
After considering representations made to me by the Department based on the unintended consequences of applying sub-regulation 9(8)(c) and 9(5)(a) of the Immigration Regulations, I have, with the powers vested in me in section 31(2)(c) of the Immigration Act, 2002 (Act No. 13 of 2002), (“Immigration Act”) decided to grant the following waiver in respect of all visa extension applications for extension or change of status or conditions which are still pending adjudication; all appeal applications that are still pending and which appeal applications are based on the fact that the visa extension was not submitted 60 days prior to the expiry of the existing visa; as well as all future applications to be submitted to the Department of Home Affairs.
Regulation 9(8)(c): “An application for an extension contemplated in section 10(7) of the Act shall be submitted … no less than 60 days prior to the expiry date of the existing visa”.
Regulation 9(5)(a): “A foreigner who is in the Republic and applies for a change of status or terms and conditions relating to his or her visa shall –
(a) submit his or her application, on Form 9 illustrated in Annexure A, no less than 60 days prior to the expiry date of his or her visa…..”
This blanket waiver is granted on condition that the visa extension application or change of status or condition application, as the case may be, shall be submitted while the existing visa is still valid, failure of which will invoke section 32(1) of the Immigration Act, read with regulation 30(1) of the Immigration Regulations.
The contents of this Immigration Directive must please be brought to the attention of all officials concerned.
DR L.A. SCHREIBER, MP
MINISTER OF HOME AFFAIRS
DATE: 02/10/26
Read the Directive here.
More to come.