South Africa’s 60-day visa rule has been waived—but applicants must still apply before expiry
South Africa’s Department of Home Affairs has waived the requirement that certain visa extension and change-of-status applications be submitted at least 60 days before the current visa expires. Immigration Directive 13 of 2026 covers qualifying applications still awaiting adjudication, certain pending appeals, and future applications submitted to the Department.
The key deadline remains: the application must be submitted while the applicant’s existing visa is still valid. The waiver removes the 60-day advance-filing requirement; it does not give someone permission to remain in South Africa after their visa expires without submitting an application.
The Minister of Home Affairs signed the directive on 2 October 2026. It was circulated on 8 October 2026. The waiver is made under section 31(2)(c) of the Immigration Act and concerns the timing rules in regulations 9(5)(a) and 9(8)(c) of the Immigration Regulations.
What has changed?
Before the waiver, the regulations required applications to extend a visa, or to change a visa’s status or conditions from inside South Africa, to be submitted no less than 60 days before the existing visa expired. Missing that window could lead to an application being refused on timing grounds, even where the applicant had prepared the application before the visa expiry date.
Immigration Directive 13 of 2026 grants a blanket waiver of that 60-day requirement for the categories it specifies. Applicants may therefore submit a qualifying application closer to the visa expiry date, provided Home Affairs receives it before the current visa expires.
The directive does not remove the need to apply, change the requirements for the visa category, or guarantee approval. Applicants must still meet the substantive eligibility criteria and provide the required supporting documents.
Who does the waiver apply to?
The directive covers three groups:
Visa extension applications that are still pending adjudication. These are extension applications that have not yet received a final decision.
Certain pending appeals. The appeal must still be pending and must be based on the fact that the extension application was not submitted at least 60 days before the existing visa expired.
Future applications submitted to the Department of Home Affairs. This includes qualifying applications to extend a visa or change the status or conditions of a visa, where the application is submitted before the existing visa expires.
The wording concerns extensions and changes of status or conditions under the relevant regulations. It should not be read as a blanket waiver of every deadline or requirement in South African immigration law. If your application was refused for more than one reason, or your circumstances fall outside these categories, get case-specific advice before assuming the directive resolves the issue.
What should applicants with a pending appeal do?
If an appeal is pending because Home Affairs refused an extension application for being filed inside the 60-day period, the directive may bring that appeal within the waiver. The underlying visa application can then be considered without that timing objection, subject to the facts of the case and the remaining visa requirements.
Xpatweb’s 9 October 2026 newsflash reports that negative decisions in affected appeals are expected to be overturned and that applications for accompanying family members may then be resolved. The directive itself describes which pending appeals qualify; it does not set out a processing timetable. Applicants should keep copies of the refusal, appeal, application receipt and current visa, and check the status of their matter with the relevant adviser or channel.
A waiver of the 60-day rule is not the same as approval of the visa. It also does not, on its own, resolve an appeal that raises other grounds or confirm what travel or work rights apply while a matter is pending.
What should someone do if their visa is close to expiry?
If your current visa is approaching its expiry date, take these steps promptly:
Confirm which visa application you need to submit and whether the directive covers it.
Prepare the full set of documents and check the current requirements for your visa category.
Submit the application before the expiry date shown on your existing visa. Keep proof of the submission date and receipt.
If you already have a refusal or pending appeal, check whether the stated refusal ground is specifically the 60-day filing requirement and retain the relevant correspondence.
Get advice before travelling, working outside your visa conditions, or relying on a pending application to establish your status.
Do not assume that the waiver extends a visa automatically. It removes the 60-day advance-submission requirement for covered applications, while the requirement to submit before the existing visa expires remains.
Does the waiver mean applicants can stay after their visa expires?
No. Immigration Directive 13 of 2026 says the application must be submitted while the existing visa is still valid. The directive warns that failure to do so may engage section 32(1) of the Immigration Act and regulation 30(1) of the Immigration Regulations.
Submitting an application before expiry also does not itself mean the application has been approved. Applicants should confirm their legal position, including any permission to remain, travel or continue an activity, based on the rules and concessions that apply to their specific case.
Does the waiver guarantee visa approval?
No. The waiver addresses the 60-day timing requirement. It does not guarantee that an extension or change-of-status application will be approved. Applicants must continue to meet the requirements for the visa they are applying for and submit the relevant evidence.
Frequently asked questions
What is Immigration Directive 13 of 2026?
It is a Home Affairs directive dated 2 October 2026 that waives the 60-day advance-filing requirement for specified visa extensions and changes of status or conditions. It applies to certain pending applications and appeals, as well as qualifying future applications submitted to Home Affairs.
Can I submit my visa extension less than 60 days before expiry?
The directive allows a covered extension application to be submitted inside the 60-day period. You must submit it before your current visa expires, and you must still meet the other requirements for that visa category.
My appeal was refused because I applied within 60 days of expiry. Does the waiver help me?
It may. The directive covers appeals that are still pending and are based on the failure to submit the extension application at least 60 days before expiry. Check the exact reason for refusal and the current status of your appeal. The waiver does not automatically settle appeals based on other grounds.
Does the waiver apply to a change of visa conditions or status?
The directive refers to applications to change visa status or conditions under regulation 9(5)(a), as well as visa extensions under regulation 9(8)(c). The application must be submitted while the existing visa remains valid.
Does this change the documents I need to submit?
No. The directive waives the specified timing requirement. It does not remove the documents or eligibility requirements for the visa category. Check the latest official checklist and any instructions from Home Affairs or the relevant application centre.
Can I remain in South Africa if I submit after my visa expires?
The directive’s condition is that a covered application be submitted before the existing visa expires. It does not create a general right to remain after expiry without applying. If your visa has already expired, seek case-specific immigration advice urgently.
When will pending appeals be finalised?
The directive does not provide a processing deadline. Xpatweb reports that affected matters may take several months to work through the system. Keep your records and follow up through the channel handling your case.
Need help assessing a case?
Applicants affected by a refusal, pending appeal or approaching visa expiry should have the dates, visa category and decision documents reviewed together. For assistance assessing whether a case falls within the directive and what steps may be appropriate, contact an experienced South African immigration practitioner. Reach out to Natalie Singer (our foreign national expert), natalies@globalbusiness.co.za or Xpatweb at 011 467 0810 or insight@xpatweb.com.
This article provides general information based on Immigration Directive 13 of 2026 and the Xpatweb newsflash circulated on 9 October 2026. It is not legal advice. Immigration outcomes depend on the facts, application history and current Home Affairs procedures.
This article is for informational purposes only and does not constitute legal advice. For specific legal guidance on protected disclosures, employment practices, or compliance obligations, consult a qualified labour law practitioner.
© 2026 Global Business Solutions (GBS). All rights reserved.
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