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29APR

DHA buys 15 months on visa backlog

3 min read
15:31UTC

Directive 7 of 2026 extended pending applicants' stay to 30 June 2027 from Wednesday 1 April.

SocietyDeveloping
Key takeaway

DHA bought fifteen months of cover by admitting it cannot meet statutory processing deadlines.

South Africa's Department of Home Affairs issued Immigration Directive 7 of 2026 on Wednesday 1 April 2026, extending the lawful stay of foreign nationals with pending visa, waiver or appeal applications until 30 June 2027 1. The same directive granted waiver applicants permission to leave and re-enter the country from that date, reopening movement for the cohort that had been pinned in place by the 30 March stay concession .

The earlier concession had been an emergency patch with a short horizon. The new directive converts it into a fifteen-month formal cover. Lawful presence is preserved; a final decision on the underlying application is not. Two days later the Cabinet approved the points-based reform white paper, an order of operations that put the patch in writing before the future architecture went to print.

Immigration specialist Jaco Brits told EWN (Eyewitness News, a South African newsroom) that DHA is processing applications, but "outcomes are often rejected for unclear or nonsensical reasons, creating a new backlog of appeals" 2. The implication is that even the cohort whose papers come back in time may face a second cycle through the system.

The Helen Suzman Foundation and the Scalabrini Centre continue to litigate DHA delay before the Constitutional Court. Their cases set the procedural backstop that Directive 7 implicitly concedes: the department cannot meet statutory processing deadlines for the cohort the directive covers, and that fact is now in the litigation record. The fifteen-month horizon is the price of avoiding a Constitutional Court order that would force tighter compliance.

Deep Analysis

In plain English

On Wednesday 1 April 2026, South Africa's Home Affairs department extended the legal stay of all foreign nationals who are waiting for a visa decision. They can now stay legally until 30 June 2027, even if their current visa has expired, as long as their application is in the system. They can also travel in and out of the country. This is because the department cannot process applications fast enough. An immigration specialist called Jaco Brits told South African news outlet EWN that even when decisions do come back, they are often rejected for reasons that do not make sense. The department is effectively asking applicants to wait 15 months while it works out a better system.

What could happen next?
  • Consequence

    Foreign nationals on Directive 7 cover who receive rejection notices before 30 June 2027 will face a simultaneous challenge: the underlying application rejected, the cover period expiring, and no white-paper enabling legislation in force to provide a new pathway.

  • Risk

    The Helen Suzman Foundation and Scalabrini Centre's Constitutional Court litigation may produce a court-ordered deadline for DHA processing that conflicts with the Directive 7 timeline, creating a legal double-bind for the department.

First Reported In

Update #2 · Spain's six-day housing arc, Georgia's cliff

EWN (Eyewitness News)· 29 Apr 2026
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