Withdrawal of Directive affects foreigners with temporary residence permits

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The Directive effectively waived penalties incurred by default as a result of awaiting the outcome of pending applications and further allowed foreigners to travel in and out of South Africa on expired temporary residence permits with the original acknowledgement of receipt as proof that an application had been submitted and was pending with the Department of Home Affairs.

The Directive was issued as a temporary measure to alleviate the restrictions or ill consequences suffered by foreigners adversely affected by the backlog experienced at the Department of Home Affairs. The withdrawal of Directive only affects the ability to travel on the acknowledgement of receipt received when submitting one's extension application.

Consequently, persons who have submitted applications in South Africa will be required to stay and await the outcome of their applications or leave the country before the expiry of their current permits.

No travelling allowed

They are however, before expiry of the permit, entitled to remain in the country but only if an application has been submitted to the Department of Home Affairs prior to 30 days before expiry of the current permit. In this regard, foreigners will not be allowed to travel whilst awaiting the outcome of the application and it must be noted that an administrative fine will be payable if the individual overstays his/her permit conditions.

Foreigners from visa exempt countries will be permitted to travel prior to the expiry of their permits, however upon re-entry they will be granted a visitor's visa, which does not allow the individual to work.

Should the foreign national wish to work within South Africa, they must make an application in terms of Section 11(2) of the Immigration Act. The application will have to be made ten days prior to re-entry into South Africa. In the event that the foreigner is from a non-visa exempt country, they would not qualify for entry into South Africa should they leave and would have to await the outcome of their permit application prior to travelling.

Entry ports notified

All entry ports have been advised of the withdrawal of Directive and those who have already left the country prior to the withdrawal will be allowed to re-enter by presenting the acknowledgement of receipt.

This, however, will only be possible until 30 April 2014 whereafter re-entry will result in a fine. The Minister of Home Affairs was quoted as saying that Directive 'encouraged a lethargic approach to adjudication of temporary residence permits'.

However, it remains to be seen whether the Department of Home Affairs will have the capacity to process and distribute these permits, especially in light of the number of applications made. In light of the above consequences that foreigners may face should they leave the country, it is strongly recommended that it is best that they remain in South Africa and wait for their permit application to be finalised.