The Minister of the Department of Home Affairs (DHA) has issued an immigration directive to support airline passengers and crew stranded due to widespread airspace closures following escalating instability across the Middle East and Gulf region.
Ongoing military activity in countries including Iran, Iraq, Syria, Qatar, Bahrain, Kuwait, Lebanon, Saudi Arabia, the United Arab Emirates, Israel, Palestine, Jordan and Oman, has significantly disrupted international air travel. Many foreign nationals have been unable to depart South Africa before the expiry of their visas due to grounded flights and suspended routes.
Recognising the exceptional nature of these circumstances, the Minister of Home Affairs has exercised discretionary powers under the Immigration Act to introduce temporary visa concessions aimed at alleviating hardship for affected individuals.
Key concessions
The immigration directive introduces several measures for affected passengers and crew:
- foreign nationals holding long-term visas expiring on or before 31 March 2026 may apply for visitor’s visas in terms of section 11(1)(a) of the Immigration Act, provided applications are submitted before expiry and all prescribed requirements are met. No changes to visa status or conditions will be permitted;
- individuals who have reached the maximum validity period of a visitor’s visa (which is ordinarily non-renewable) may reapply for the same visa under identical conditions for a further period of up to three months. Changes in status or conditions remain prohibited;
- individuals whose temporary residence visas have expired may submit renewal applications without first obtaining a Form 20 (authorisation for illegal foreigners to remain pending an application);
- affected foreign nationals with pending applications (supported by a valid VFS receipt) will not be declared undesirable for overstaying, provided they depart once flights resume; and
- individuals declared undesirable upon departure from 26 February 2026 onwards, due to delays caused by airspace closures, may submit an appeal with supporting evidence to middleeast.overstay@dha.gov.za.
These concessions apply strictly to:
(i) airline passengers and crew directly affected by airspace closures; and
(ii) foreign nationals who were lawfully admitted into South Africa through an official port of entry.
The measures will remain in effect until 31 May 2026, or until normal travel resumes following a ceasefire in the affected regions, whichever occurs first.
This directive provides practical relief for affected travellers. Its effectiveness will, however, depend on consistent implementation by the relevant authorities. Foreign nationals and their employers should take note of the applicable conditions and timeframes to ensure compliance and avoid potential enforcement action.
The Webber Wentzel Immigration team continues to monitor developments and will provide timely updates, insights and expert analysis.
