Marisa Jacobs, Managing Director at Xpatweb, warns this is the last opportunity for ZEP-holders who did not apply previously for the waiver or any other mainstream visa, to have certainty about their continued legal employment and stay in South Africa. After this deadline, the only alternative will be to make a new submission in terms of the new dispensation under the points-based system and submission will have to be made in Zimbabwe.
Unfortunately, it seems this deadline causes headaches for many as they struggle to secure submission dates at offices of VFS Global. During a recent Xpatweb webinar about important immigration developments in 2024, several attendees highlighted this as a concern.
Individuals who had applied for waivers or other visas do not need to apply for new permits, as their current status remains protected, and they are exempted from having to apply for a new exemption permit while awaiting the outcome of their applications.
An estimated 178,000 ZEP-holders in South Africa have found themselves between the devil and the deep blue sea for the most part of two years after the then Minister of Home Affairs, Dr Aaron Motsoaledi, decided in 2022 to terminate the ZEP. Several court cases followed and in June 2023 the High Court in Pretoria confirmed that the termination of the ZEP, was indeed unlawful, and a subsequent appeal of the decision was refused by the Supreme Court of Appeal and the Constitutional Court.
Benjamin van Zyl, an admitted attorney and Immigration Consultant at Xpatweb, says ZEP-holders who miss the 29 November deadline, are at risk of being declared undesirable if they stay in South Africa after this date. If they have taken no action to date, they should apply to renew their ZEP permit or depart on that date to avoid serious repercussions.
Van Zyl warns, depending on how long a Zimbabwean national stays in South Africa without a valid ZEP, the individual can be prohibited from re-entering South Africa for a period of one up to five years. There is also the real risk of arrest and subsequent deportation.
An added concern for those who did not apply for a waiver or other mainstream visa timeously, is that they will now have to apply for a General Work visa or Critical Skills Work visa in Zimbabwe. These applications will be adjudicated under the new Points-based system, which came into effect in October, says Van Zyl.
According to a December 2023 directive by the Minister, approximately 78,000 of ZEP-holders who applied for waivers and 10,427 of those who applied for other visas during the window opportunity, were afforded certain protections while they await the outcome of their wavier and visa applications.
Others were encouraged to apply for new exemption permits through VFS Global. At the time the Minister indicated that a dedicated team will be set up to deal with the applications for new exemption permits.
ZEP-holders are entitled to work, seek employment and conduct business in South Africa during the validity of the exemption permit. A holder of the exemption permit is allowed freedom of movement in and out of South Africa.
On 29 Augustus this year, the newly appointed Minister of Home Affairs, Dr Leon Schreiber, instituted a new rule to deliver the outcomes of visa waiver applications digitally via email to applicants. In the first phase of the rollout the outcome of waiver applications for ZEPs will be sent digitally.
“Over time, this digital-first approach will be extended to other applicants in the visa and permit regime. Starting today with ZEP holders and later, all applicants will conveniently receive digital waiver letters, in PDF format, through email,” the DHA said.
By end of August the DHA have processed more than 60,000 outstanding ZEP waiver applications, many of which dated back to 2022.
Jacobs explains ZEP-holders who applied for a waiver to progress to a General Work visa awaiting the processing of the application, can proceed with their submission for a General Work visa as soon as the waiver have been processed. The new Points-based system does not apply in these instances.
