Immigration Directive No. 13 of 2026 | Department of Home Affairs

The South African Minister of Home Affairs has issued Immigration Directive No. 13 of 2026, granting a blanket waiver of the requirement to submit certain visa extension and change-of-status or conditions applications at least 60 days before the expiry of an existing visa.

The directive addresses the unintended consequences arising from the application of regulations 9(8)(c) and 9(5)(a) of the Immigration Regulations.

What has changed?

Previously, the regulations required qualifying applicants to submit their applications at least 60 days before their existing visas expired.

Under the new directive, this 60-day advance submission requirement has been waived for:

• Visa extension applications.
• Applications for a change of visa status or conditions.
• Pending applications for extensions or changes of status or conditions that are still awaiting adjudication.
• Pending appeals arising from applications that did not meet the 60-day submission requirement.
• Future applications falling within the scope of the directive.

An important condition remains

The waiver does not permit foreign nationals to submit applications after their visas have expired.

The Minister has expressly stipulated that applications must be submitted while the applicant’s existing visa remains valid.

Failure to comply may invoke section 32(1) of the Immigration Act, read with regulation 30(1) of the Immigration Regulations.

In practical terms, a foreign national who has fewer than 60 days remaining on an existing visa is no longer automatically prevented by the 60-day submission requirement from applying for an extension or qualifying change of status or conditions.

However, the application must still be lodged before the existing visa expires, and all other applicable immigration requirements must be satisfied.

What does this mean for applicants?

The directive provides greater flexibility for foreign nationals who need to extend their stay or make a qualifying change to their immigration status or visa conditions.

It is particularly relevant to applicants who have been unable to meet the previous 60-day advance submission deadline.

Applicants should nevertheless avoid unnecessary delays. Appointment availability, documentary requirements and processing times remain important practical considerations.

Gema Visa Services’ perspective

This is a welcome administrative development that addresses a long-standing difficulty faced by applicants seeking to regularise or extend their immigration arrangements before their visas expire.

However, the distinction between waiving the 60-day requirement and permitting applications after visa expiry is fundamental.

The 60-day deadline has been waived. The requirement to apply while holding a valid visa has not.

Foreign nationals uncertain about their eligibility, current immigration position or available options should obtain appropriate advice before proceeding.

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Official reference: Department of Home Affairs, Immigration Directive No. 13 of 2026, issued under section 31(2)(c) of the Immigration Act 13 of 2002.

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