Immigration Directive No 13 of 2026 waives the 60-day advance-submission requirement for qualifying visa extensions and changes of status or conditions, including certain pending applications and appeals. However, the requirement to apply before the existing visa expires remains in place.
On 2 October 2026, the Minister of Home Affairs, Dr Leon Schreiber, MP, signed Immigration Directive No 13 of 2026 (the Directive), waiving the requirement to submit certain visa extension and change-of-status or change-of-conditions applications at least 60 days before the expiry of an existing visa.
The Directive was issued under section 31(2)(c) of the Immigration Act 13 of 2002 (the Immigration Act). It addresses the problems caused by the strict enforcement of the 60-day rule, including cases in which an application was refused simply because it was submitted within 60 days of the visa expiring.
This is a welcome development for foreign nationals who have struggled to meet the deadline, particularly where delays in obtaining supporting documents or administrative constraints have affected their ability to submit applications timeously. Importantly, the Directive also extends to qualifying applications and appeals that have been lodged and are awaiting a decision.
That said, the relief only covers the 60-day deadline. Applicants must still submit their applications before their current visas expire and meet all other applicable requirements.
Understanding the 60-day rule
The Directive waives the requirements contained in regulations 9(8)(c) and 9(5)(a) of the Immigration Regulations.
Regulation 9(8)(c) requires applications for extensions contemplated in section 10(7) of the Immigration Act to be submitted at least 60 days before the expiry of the existing visa.
Regulation 9(5)(a) similarly requires a foreign national in South Africa who applies for a change of status or a change to the terms and conditions of an existing visa to submit the application on Form 9 at least 60 days before the visa expires.
In practice, missing this deadline could result in an application being refused on procedural grounds, even where the applicant may otherwise have met the substantive requirements for the visa concerned. Applicants could then be required to pursue an appeal, adding to the time and costs associated with securing an immigration outcome.
The Directive provides relief by waiving the 60-day advance-submission requirement for the categories of matters it covers. It does not, however, waive other procedural requirements or the substantive criteria applicable to the relevant visa category.
Who benefits from the Directive?
The waiver applies to three categories of matters:
- pending applications: applications for visa extensions, changes of status or changes of conditions that remain pending adjudication.
- pending appeals: appeal applications that remain pending and arise from the failure to submit the relevant application at least 60 days before the existing visa expired.
- future applications: qualifying applications for visa extensions, changes of status or changes of conditions submitted to the Department of Home Affairs (DHA).
The Directive is therefore not limited to applications submitted after 2 October 2026. It also extends to qualifying applications and appeals that were already pending when the Directive was issued.
For affected applicants, this creates an opportunity to have their matters considered without the 60-day requirement operating as an obstacle to relief. Applicants with pending applications or appeals should nevertheless assess the circumstances of their particular matters to establish whether they fall within the scope of the waiver.
The Directive should not be interpreted as automatically reopening applications that have already been finally refused where no appeal remains pending, nor does it guarantee that an appeal falling within its scope will succeed. Applicants whose matters have already been refused should obtain advice on the available remedies and appropriate next steps, having regard to the procedural status of the matter.
The waiver is also limited to the specified categories of applications. It should not be understood as a general relaxation of the filing requirements applicable to all South African visa or immigration applications.
The critical distinction: the 60-day cut-off has been waived, not the requirement to apply before the expiry of a visa
Although the Directive provides meaningful procedural relief, an important condition remains: the relevant application must be submitted before the existing visa expires.
The waiver does not permit foreign nationals to allow their visas to expire before applying for an extension, a change of status or a change to their visa conditions.
Accordingly, an applicant who submits an otherwise qualifying application within the final 60 days of the existing visa's validity may benefit from the waiver. An applicant who waits until after the visa has expired cannot rely on the Directive to overcome the failure to apply before expiry.
In such circumstances, section 32(1) of the Immigration Act, read with regulation 30(1) of the Immigration Regulations, remains relevant. Depending on the circumstances, an expired visa may result in a foreign national being regarded as an illegal foreigner, with potentially serious consequences for their continued stay in South Africa and future immigration applications.
The Directive does not extend the validity of an existing visa or regularise an overstay. Foreign nationals whose visas have already expired should therefore obtain appropriate immigration advice on their particular circumstances rather than assume that the waiver affords them protection.
What does this mean for pending applications and appeals?
The Directive may be particularly significant for applicants whose applications remain pending or whose appeals concern refusals based on non-compliance with the 60-day requirement.
Where an application remains pending, the waiver may remove the timing requirement as an obstacle to its consideration. Similarly, applicants with pending appeals based on the 60-day requirement should consider whether the Directive applies to their matters and whether any further steps are appropriate.
The Directive may also reduce the need for appeals in future cases where the only basis for refusing an application would otherwise have been that it was submitted fewer than 60 days before visa expiry.
However, the express treatment of pending applications and appeals should not be taken to mean that every previous refusal will automatically be reconsidered or overturned.
Practical implications for employers and foreign nationals
For employers, the waiver may provide greater flexibility when co-ordinating visa extensions and changes of status for foreign employees, particularly where supporting documents cannot readily be obtained within the prescribed advance-submission period.
For foreign nationals, it reduces the risk of an application being refused solely because it was submitted within the final 60 days before the existing visa expires, provided that the application falls within the scope of the waiver and is submitted while the visa remains valid. Nevertheless, the importance of early preparation and submission remains unchanged.
The waiver should not be treated as a reason to delay an application until the final days of a visa's validity. Document-gathering difficulties, appointment availability and other administrative requirements may still affect an applicant's ability to submit a complete application before expiry.
The Directive must be understood within its proper scope. It does not extend the validity of an existing visa, guarantee approval of an application, automatically overturn a previous refusal or permit an application to be submitted after the existing visa has expired.
Foreign nationals and their employers should continue to plan visa applications carefully and seek appropriate immigration advice where an application or appeal may be affected by the Directive.
