The Immigration Regulations have always included a provision that visa applications whether they be new applications, extension applications or change of conditions applications must be submitted while the applicant still has at least 60 days left on their existing visa. This provision was for the most part not strictly applied provided the applicant had a good reason for the late submission and included a letter requesting condonation for the late submission.
Towards the end of 2025 the Department of Home Affairs (without any warning) started applying this rule very strictly and refusing all applications submitted within the 60-day period even if there was a good reason for the late submission. This has been particularly problematic especially for applicants visiting South Africa for holiday and tourism purposes and wanting to extend their stays as most applicants are not aware of this rule and were then prevented from extending their holidays in South Africa.
Fortunately, common sense has prevailed and the Department has now issued Immigration Directive No 13 of 2026. The Directive effectively does away with the 60-day rule. The rule that now applies is that the visa application may be submitted provided that the applicant’s existing visa is valid at the time of submission of the application.
The directive is applicable to: 1. All applications which are still pending adjudication, 2. All appeal applications which are based on the fact that the application was not submitted within the 60-day period, 3. All future visa applications.
The directive is applauded and its very encouraging that the visa process is being make more user friendly.
Peter +27 (0)82 467 1355
Email
peter@visa4sa.com
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