At the end of 2024, Minister of the DHA Dr Leon Schreiber published a video celebrating the eradication of the visa processing backlog that the department has been struggling to clear for over a decade.

The video also contained a statement indicating that by the end of 2024, the department will be able to shift its focus to remaining unresolved appeals.

However, GREENBERG HATHWAY MACMILLAN, managing partner of GREENBERG HATHWAY MACMILLAN in Cape Town, has expressed concerns regarding the ongoing issues that foreign nationals continue to face with the South African immigration system and the DHA’s lack of acknowledgement of these persisting problems.

Persisting Admin Issues Met with Silence

Despite all the positive publicity that South Africa’s immigration affairs have been receiving, foreign nationals continue to face hardship due to the continued failure of the DHA to deliver basic services to foreign nationals. Luna states that after a brief meeting with Schreiber, he expressed optimism, stating that he hoped that, as an immigration attorney, Luna was seeing an improvement in the immigration system.

“I wanted to believe the positivity around the Department of Home Affairs’ publicity – the cleaning up of corruption, speedier civic services for South African citizens and an eradication of a backlog of applications for tax-paying foreigners in South Africa.” Says Luna.

Although on the 23^rd of September 2025, a new directive for foreigners in South Africa was released, which acknowledged that the DHA is still facing a backlog, but only for those with pending appeals, waiver applications, and permanent residency applications.

The directive made no mention of temporary residency applications for skilled workers, business owners, spouses, retirees, or international travellers in the country.

Immigrants’ Struggle Continues

Luna further observes that the appointment of a new minister won’t be an instant fix, and that decades of corruption, staff shortages, and infrastructural decay are all problems that will take years of dedication to remedy. However, instead of keeping quiet about persisting challenges, Schreiber needs to acknowledge that these problems are widespread and still exist.

Foreign nationals who have timeously submitted their applications have been waiting for six months and even longer for an outcome.

Thus, leaving these individuals in a world of panic, being unable to reunite with their spouses in South Africa, unable to run their business due to frozen bank accounts, and unable to travel abroad to visit ill family, all due to the DHA’s administrative delays and failure to provide these individuals with a timely solution.

At GREENBERG HATHWAY MACMILLAN, our lawyers are knowledgeable about how the DHA operates and work with them on a daily basis. We have assisted numerous clients in successfully obtaining desired outcomes on their applications, whether it be for temporary or permanent residency, or to review a decision made by the DHA.

Read more about the DHA’s silence on persisting administrative backlog issues and its effect on legal immigrants, in the full article by GREENBERG HATHWAY MACMILLAN, published by the Daily Maverick.

CONTACT US today and allow our team of professional immigration experts to assist you in obtaining your desired outcome on your application.

The post The DHA’s Silence on Persisting Backlog Issues first appeared on GHM.

In response to the public’s growing frustrations over illegal immigration in South Africa, Minister Schreiber further explained the government’s immigration enforcement strategy. The DHA will be adopting a ‘rule of law’ approach by increasing deportations while simultaneously protecting the rights of foreign nationals who reside in the country legally.

Growing Tensions Give Rise to Mass Deportation Efforts

During his address, Minister Schreiber confirmed that the DHA has conducted more immigration enforcement operations in the past financial year than during the previous five years combined. Statistics show that, under the current administration, deportations in South Africa have increased by 46%.

These measures can be seen as a direct response to growing anger and concerns around illegal immigration continuing to take over public debate in South Africa, with recent protests and marches specifically targeting undocumented foreigners.

Further concerns were brought up against vigilante action and racial profiling. “If you are upset about illegal immigration because it undermines the rule of law, then you cannot turn around and undermine the rule of law yourself.” Comments Minister Schreiber.

Digitalisation Efforts to Tighten Border Controls

According to Minister Schreiber, the new Electronic Travel Authorisation (ETA) system will require travellers to submit biometric information, which will include selfies that are matched to passport photographs. The department will also be making use of machine-learning technology in order to verify travel documents and identify potentially fraudulent passports.

This new system aims to tighten border controls and identify undocumented foreign nationals. The ETA system will eventually be expanded across all visa categories and allow authorities to implement immigration enforcement without having to rely on physical documents that can be manipulated or forged.

DHA Crackdown on Internal Corruption

Widespread concern regarding corruption within the DHA and border control systems was also acknowledged. Minister Schreiber revealed that since July 2024, multiple officials involved in fraud and corruption within the department and the Border Management Authority have been arrested, dismissed, and prosecuted.

As a long-term solution, the Minister stressed their ongoing commitment to replacing paper-based systems with biometric verification technology in an attempt to reduce fraud and document manipulation.

Obtaining permanent residency is a dream for many foreign citizens residing in South Africa. Securing your residency can be quite a tricky process, so why not employ the assistance of GREENBERG HATHWAY MACMILLAN and improve your chances of becoming a South African citizen?

Contact our expert team today and allow us to make your immigration goals a reality.

The post Schreiber’s Crackdown on Illegal Immigration first appeared on GHM.

Minister of the DHA, Dr Leon Schreiber, introduced this long-awaited reform, which enabled over 1,4 million individuals, who are still holding green barcoded ID books, to apply for a Smart ID Card through the eHomeAffairs platform or at any participating bank branches across the country.

What Does This Mean for Naturalised & Permanent Residents?

In this move towards inclusive governance and digital transformation, the DHA aims for naturalised citizens and permanent residents residing in South Africa to be treated equally to citizens by birth when it comes to Smart ID access. This development is set to enhance natural security, reducing the potential risk of ID fraud that is so often associated with the outdated green ID books.

Until recently, naturalised citizens and permanent residents were largely excluded from the digital Smart ID system, despite lawfully residing in South Africa. This exclusion limited these individuals’ access to modern ID services and evoked unfair treatment based on how their citizenship was acquired.

This reform has been an important milestone in the DHA’s efforts to digitalise government services and to create an overall more inclusive public administration. According to Minister Schreiber, this change has been the department’s “single most significant milestone yet”, restoring dignity, equality, and recognition to millions of South African citizens who were previously placed in a disadvantaged position.

How to Apply for a SA Smart ID?

Who can apply?

The current roll-out specifically applies to naturalised citizens and permanent residents who are currently still carrying green barcoded ID books. The DHA will put out an announcement regarding future rollouts, prioritising applicants from non-exempt countries.

What’s the application process?

1. Applicants are able to apply and book an appointment via the eHomeAffairs platform or by visiting a participating DHA or supported bank branch. The fee for a first-time Smart ID is R140.
2. Locate and attend your appointment at your chosen DHA or bank branch for biometric capture, photographs, and signatures.
3. As soon as your Smart ID is ready for collection, you will receive an SMS.
4. Collect your Smart ID Card in person and verify your biometrics.

What should you bring?

During your application and appointment, it is important to bring:

• Your green barcoded ID book
• Proof of residence
• Permanent residence or naturalisation certificate

Are you in the process of applying for your permanent residency or naturalised citizenship in South Africa? At GREENBERG HATHWAY MACMILLAN, our specialisation in immigration law enables us to assist clients in improving their chances of becoming South African citizens.

CONTACT US today and let our experienced team expertly guide you from the beginning to the end.

The post Naturalised South Africans Can Now Apply for Smart IDs first appeared on GHM.

This allows eligible foreign nationals to live and work in the country for up to five years, on the condition that their job role matches a profession and description on the official Critical Skills List. Employees who qualify for this visa may later apply for permanent residency, making this an appealing retention pathway.

What makes this visa so appealing among foreign nationals who are looking to relocate to South Africa is that it provides one of the most secure and attractive entryways into the country. However, it is important to understand that this visa is highly criteria-driven, requiring applicants to show verifiable qualifications, work experience, and, where applicable, professional registration.

Here follows an updated 2026 guide on requirements and common issues applicants face regarding Critical Skills Visas:

View the official Critical Skills List here.

Critical Skills Visa Requirements

The Critical Skills Visa is designed to attract skilled and experienced foreign professionals with evidence-backed expertise into a job role that is considered ‘critical’ in South Africa. To successfully secure this visa, your application must meet several non-negotiable requirements:

• Your job description must exactly match the Organising Framework for Occupations (OFO) description.
• The South African Qualifications Authority (SAQA) must validate all foreign qualifications.
• You must be registered with the relevant South African professional council (if applicable).
• A formal job offer from a South African employer for a fixed period not exceeding five years.
• Transcripts, degree certificates, and proof of qualifications.
• A thorough CV and proof of experience.
• Police clearance certificates from where you have resided for the last five years.
• Medical report.

Common Reasons for Visa Refusal

It is not uncommon for Critical Skills Visa applications to be rejected due to incomplete or inaccurate information, missing documentation, or failure to adhere to set deadlines or timeframes. Listed below are some of the top reasons applications are rejected:

• Submitting your application under the incorrect OFO code or application category.
• Either failing to register or registering with the incorrect professional body.
• Foreign qualification evaluations that are incomplete or improperly certified (SAQA).
• Inadequate or missing proof of post-qualification experience.
• Irrelevant or unverified job offers that are not from a registered employer.
• Failure to submit a renewal 60 days before the expiry date.
• Handing in expired documentation (e.g. police clearance or contract of employment).

How Can GREENBERG HATHWAY MACMILLAN Help You?

Due to the Department of Home Affairs (DHA) still addressing administrative backlogs and strict adjudication, it is widely recommended to seek professional assistance to effectively navigate the visa application process. At GREENBERG HATHWAY MACMILLAN, we aim to guide each and every candidate through their immigration journey, ensuring that all necessary documentation and requirements are present and correct.

CONTACT our experienced team today and allow us to make your move to South Africa a reality.

The post Critical Skills Visa SA: 2026 Updated Guide first appeared on GHM.

Although Spousal Visa applications are scrutinised to a great degree, it does not need to dampen your hopes for eventually achieving Permanent Residency in South Africa. Ensuring that your application is correct, credible, and compliant with set regulations is already a significant step in the right direction.

Understanding the Spousal Visa

The Spousal Visa is one of the strongest family-based visas for long-term settlement. As previously mentioned, it grants foreign nationals a way to reside in South Africa alongside their spouse. This visa is valid for up to three years, and may include work, study, and business endorsements. Processing times for Spousal Visas are typically between 8 and 12 weeks.

To successfully secure a Spousal Visa, you would not only need to submit the standard documentation, but you would also need to provide extensive proof of the ‘legitimacy’ of your marriage.

Required documentation:

• Valid marriage certificate or notarial contract.
• A copy of your South African spouse’s ID or Permanent Residency certificate.
• Valid passport.
• Police clearance certificates from countries where you have resided the last five years.
• A Medical report.
• Proof that the South African sponsor can financially support their foreign partner in the form of payslips or bank statements showing incoming funds.

Strict proof of authenticity:

• Proof of shared funds and financial responsibilities spanning at least 24 months (e.g. joint bank account).
• Social proof such as affidavits from friends and family, photographic evidence over time, and shared travel history.
• Shared medical aid.
• Shared rental agreement or ownership of property.

The 5-Year Path to Permanent Residency

The Spousal Visa provides a clear, legal pathway to Permanent Residency. After five years of proven marriage in South Africa, foreign nationals may apply for Permanent Residency under Section 26(b) of the Immigration Act. If granted, the applicant is given full rights to live, work, and study in South Africa without any endorsements.

Additionally, foreign nationals may also apply for South African citizenship after five additional years. Do note that the relationship must continue for a period of two years after the issuance of the permanent residency permanent, save for the case of death of the South African citizen or permanent resident.

How Professional Guidance Makes a Difference

The DHA tends to evaluate Spousal Visa applications with scepticism; even minor administrative inconsistencies can lead to rejection and deportation. At GREENBERG HATHWAY MACMILLAN, our experienced team can significantly strengthen your approval aspects and reduce avoidable delays. We provide clear and thorough guidance throughout your application process to make your journey to Permanent Residency as straightforward as possible.

CONTACT US to start your journey to becoming a permanent resident in South Africa.

The post Spousal Visa to PR in SA: The 5-Year Path in 2026 first appeared on GHM.

This visa is typically valid for up to three years and can be renewed on the condition that essential requirements are met. Foreign nationals who hold a business visa may also apply for permanent residency on the same basis, should this be a desired status.

Step 1: Apply for a Recommendation from the Department of Trade Industry and Competition (DTIC)

However, before one can proceed with a Business Visa, the applicant must first apply for a letter of recommendation from the DTIC. If your investment is below R5 million, the DTIC will decide whether you may apply for a capital waiver and proceed with your application.

Required documentation for a DTIC application:

• Applicants must submit a thorough business proposal that outlines relevant information such as a description of the business, services, market analysis, contribution to national interest, etc.

Documented proof that:

• At least 60% of the total staff will consist of South African citizens or permanent residents (if you’re opening a new business).
• The business is registered with the South African Revenue Service.
• The business is correctly registered with any relevant professional body, board, or council recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act.
• If the business is currently or will become a partnership, a written Partnership Agreement is required.
• Proof of qualifications and CV or resume.
• Motivation letter outlining reasons for waiver request on the R5 million requirement (if applicable).
• Audited financial statements of the company for the previous two years (if you are investing in an existing business).

Depending on the outcome of the application, once you have obtained the recommendation from the DTIC, you can either apply for a waiver (if applicable) or a Business Visa.

Step 2: Business Visa Application

After obtaining a recommendation from the DTIC (and a waiver if applicable), you may proceed to submit your application for a Business Visa. Processing time for this visa takes around 8-12 weeks and requires proof of investment within the first year. If you do not already hold a temporary residency visa for South Africa, your application must be made from your country of citizenship or residency.

Required documentation for Business Visa application:

• A completed and accurately filled DHA-1738 application form.
• A valid passport.
• Two recently taken passport photos (if you’re applying from outside of South Africa).
• Police clearance certificates.
• Medical reports.
• Proof of residential address in South Africa.
• Copy of flight reservations and any related travel proofs.
• Recommendation from the DTIC.
• Business plan and Chartered Accountant certificate.
• Waiver (if applicable).

Industry/Business Exceptions

Only certain types of businesses and industries allow for reduced capital requirements (R5 million). These include:

• Information and Communication Technology
• Clothing and textile manufacturing
• Chemicals and biotechnology
• Agro processing
• Metals and minerals refinement
• Automotive manufacturing
• Tourism

As outlined in this updated 2026 guide, it’s no surprise that meeting the requirements and following the application process can be complex. At GREENBERG HATHWAY MACMILLAN, we would love to assist you through the application process and make your Business Visa bear the fruits of success.

CONTACT US today and let our experienced team guide you through this process.

The post South Africa Business Visa: New Rules in 2026 first appeared on GHM.

Given the Department’s efforts to address corruption and high demand, the finalisation of these applications has been delayed. However, it is stated that the DHA has made significant progress addressing its historic administrative backlog, and is currently focused on further development of the Electronic Travel Authorisation (ETA) system (which is currently only available to a limited audience) in the aim of increasing efficiency.

Applicants with Pending Visa Appeal Applications

Long-term visa applicants who have, in terms of section 8(4) or (6) of the Immigration Act, appealed a negative decision on their application and are still awaiting an outcome as of the 30^th of March 2026, will be granted a temporary extension of their current visa status.

However, it is important to note that such applicants are not permitted to engage in any activity other than what is specified on their current visa conditions, and that this does not apply to tourist visa appeals in terms of section 11(1).

How Does This Influence Travel?

All foreign nationals who need to travel while still waiting on the outcome of their temporary residency appeal application are allowed to depart from and return to South Africa up until the 30^th of June 2027 without being declared as ‘undesirable’.

However, it is important to note that all long-term visa appeal applicants are required to produce a copy of their rejection letter, along with receipts of their appeal application, upon both their departure from and return to South Africa.

Applicants from countries that are not visa-exempt need to present the above-mentioned proof of rejection and receipt of their appeal application upon departure, and are further required to apply for a port of entry visa that will allow them re-entry into South Africa.

Who Qualifies for the Extension?

The temporary concessions set out by the Directive apply to:

• Foreign nationals who have already been legally admitted into South Africa.
• Applicants who have submitted their application via Visa Facilitation Services (VFS) Global and can produce a verifiable receipt for their application against the VFS Global tracking system.

At GREENBERG HATHWAY MACMILLAN, our in-depth knowledge of the inner workings of the DHA enables our experienced team to accelerate the application process and increase the likelihood of a favourable outcome.

CONTACT us today and allow our dedicated team of attorneys to assist you throughout the appeal process.

The post SA Visa Appeals 2026: Section 8 & Amnesty Extension first appeared on GHM.

Banks and other private sector ‘trusted entities’ will potentially be able to operate enrolment points and receive automatic updates from the national population register. This creates a verification ecosystem in which private actors mediate access to services that require identity verification.

What are The SA Digital ID Draft Regulations?

According to Minister Schreiber, the draft regulations propose the creation of secure Digital Identity credentials that will exist alongside the DHA’s physical products.

By introducing the ability to confirm their identity remotely through biometric verification, South African citizens will be able to store, access, and utilise secure digital versions of their DHA products directly in their smartphones. These documents include IDs, birth certificates, and marriage certificates.

As physical Smart IDs will continue to exist parallel to this new digital system, the use of the Digital Identity system will be completely optional.

The draft amendments are intended to:

• Clarify the status of Digital Identity credentials as a valid identity under the Act, without affecting the continued validity of physical identity cards.
• Prescribe standards for biometric capture, identity, and enrolment assurance for Digital Identity credentials.
• Lay the foundation for interoperability with both private and public sectors, including enabling the delivery of government services in a digital format.
• Tighten safeguards concerning how identity information may be shared with accredited institutions, with access strictly regulated under the Identification Act of 1997, the Promotion of Access to Information Act of 2000, and the Protection of Personal Information Act of 2013.
• Promote the population register as the single authoritative record of identity and civic status information.

What’s The Reasoning Behind The SA Digital ID?

The DHA’s overhaul of its identity management framework aims to address identity fraud risks that continue to cost the economy greatly, as well as navigate citizens without official identity documents who are facing exclusion from social grants, banking, employment, and healthcare.

Although the rollout of the Smart ID card in 2013 significantly improved the security of physical documentation, it did not resolve the underlying fragmentation of verifying digital identity.

The implementation of this digitalised system aims to combat identity theft, financial crimes, illegal immigration, and corruption while simultaneously improving service delivery and privacy protections.

Minister Schreiber described the digital identity system as “…the ultimate expression of our vision to leverage digital transformation to deliver Home Affairs @ home.”

CONTACT our expert team at GREENBERG HATHWAY MACMILLAN. Our experience working with Home Affairs on both professional and personal levels will give you a sense of peace of mind knowing you’re in knowledgeable and experienced hands.

The post SA Digital ID: What Schreiber’s Draft Rules Mean first appeared on GHM.

Deputy Minister Ntuthuko Sibiya observed that many businesses have been ‘budgeting not to comply’ with the country’s employee immigration laws. Sibiya continues to explain that due to current court fines not being high enough, employers are able to simply set money aside to pay the fines while continuing to exploit illegal labour to maximise their own profits.

DEL Launches Crackdown on Undocumented Foreign Employees

In addition to the recruitment of 10,000 labour inspectors, Deputy Minister Sibiya has further announced that the department plans to impose fines of up to R100,000 per undocumented worker on employers found hiring illegal immigrants. These measures are to be implemented in an attempt to strengthen the enforcement of South Africa’s labour and immigration laws.

During his national address, President Cyril Ramaphosa outlined the following measures to address present immigration challenges:

• Escalating inspections, arrests, deportations, and prosecutions of undocumented foreign nationals, while increasing penalties for employers who hire them illegally.
• Relocating refugee reception centres in closer proximity to border posts while reinforcing border control through improved technology, infrastructure, and personnel.
• Oppose corruption, implementing biometric-based digital identification, phasing out the green ID books, and refining identity verification systems.
• Adjusting immigration and labour laws, introducing quotas for foreign workers and improving the regulation of businesses and informal traders.
• Working alongside African countries and regional bodies to address the root causes of migration, such as conflict, poverty, and limited economic opportunities.

What Are the Legal Requirements When Hiring Foreigners?

The employment of foreign nationals in South Africa is regulated by the Immigration Act 13 of 2002. Before being employed by a South African business, all foreign employees must first possess a valid passport and a necessary work visa, permanent residency, or citizenship. As a foreigner starting a journey in South Africa, there are categories of work visas that can be considered:

• General Work Visa – A points-based system, wherein an applicant must have relevant qualifications, work experience and an offer of employment from a South African employer.
• Critical Skills Work Visa – An applicant must have academic and professional skills and qualifications, as well as a fixed-term job contract in a specific field as indicated in the critical skills list.
• Intra-Company Transfer Work Visa – An employee is seconded from their employment abroad to temporarily work and transfer skills to South Africans in a branch or affiliate of the foreign company which has business in South Africa.
• Corporate Visa – Temporary work authorisation granted to a corporate entity to employ a pre-determined number of skilled/semi-skilled/unskilled foreign nationals for a specific period.

Are you considering applying for a work visa in South Africa? At GREENBERG HATHWAY MACMILLAN, it is our goal to assist each and every candidate with their immigration process.

CONTACT us today and allow us to make your immigration goals a reality.

The post Hiring Foreigners? 10,000 Inspectors Are Watching first appeared on GHM.

This transformation is set to modernise the way that the government manages both identity verification and essential immigration services.

The DHA is currently in the process of improving its efficiency by eliminating unnecessary steps from applications, reducing redundant documentation requirements, and automating core functions, reinventing not only how services are delivered but also how the government operates.

The Digitalisation of DHA’s Civic and Immigration Services

The DHA’s continued commitment to digitalising high-demand services lies at the core of this reform programme. The accelerated distribution of Smart ID cards and passports is one of the government’s first milestones. Minister Schreiber has stated that the delivery of Smart ID cards has reached its highest level as of yet, with nearly 3.6 million Smart IDs that have been issued to date.

Additionally, the government has launched the Electronic Travel Authorisation (ETA) system in late 2025 for selected foreign tourists as the first step to streamlining immigration services. The ETA system is designed to simplify and automate the visa application process for eligible travellers.

Prospective visitors can apply online and receive approvals within moments, while the system’s integrated AI runs identity verifications and flags any potential fraud risks.

While this system is currently limited only to travellers entering through Cape Town and OR Tambo International Airports, it is intended to scale across all visa categories in the future.

DHA Faces Lingering Challenges

Regardless of the implementation of these new systems, applicants still experience difficulties when visiting the DHA. This is especially true for users who require services that are not available digitally and don’t have reliable access to internet services. Long queues, unpredictable office procedures, and unreliable communication continue to persist at many DHA branches.

While these new digitalised systems perform well under ideal conditions, their reliability varies across different locations, as system outages and instability continue to disrupt services. Although turnaround times on applications are steadily improving, applicants can still expect to encounter network downtime, failed uploads, and backlogged follow-up requests.

For further information on how the implementation of these new digitalised systems might affect your visa application, CONTACT our team of experienced immigration lawyers today.

At GREENBERG HATHWAY MACMILLAN, our extensive knowledge of the immigration system allows us to expertly guide you from beginning to end.

The post The Department of Home Affairs’ Digital Transformation: What to Expect first appeared on GHM.