Immigration specialist at Webber Wentzel, Bianca Rutherfoord-Jones, says there are alternative options for Zimbabwean Exemption Permit (ZEP) holders to remain in South Africa after the permits expire. She said:
Some may apply for a study visa or a business visa. For Zimbabweans who have been in a good faith spousal relationship with a South African citizen or permanent resident may be eligible for a Relatives Visa in terms of section 18 of the Act. These are only a few permits still available to ZEP holders, provided they meet the qualifying criteria.
However, these options are difficult to acquire. Zimbabweans have been queuing at home affairs offices for the past two months to regularise their stay in South Africa by applying for other forms of visas.
Home Affairs Minister, Aaron Motsoaledi, extended the deadline by six months to December 30 citing the approval of thousands of waiver applications for Zimbabwean nationals and a significant increase in the number of visa and waiver applications received by Visa Facilitation Centre (VFS Centre) Global on a daily basis.
If ZEP holders fail to make an application before the new deadline, they will have to leave the country or face deportation. Rutherfoord-Jones warns that employers who hire foreigners should prepare themselves to face increased scrutiny by the Department of Employment and Labour and the South African Police Service through intensified inspections to crack down on noncompliance with labour and immigration laws after the extension period lapses.
There are several different permits available to Zimbabweans under the Immigration Act, depending on their circumstances. These include work visas, visitor’s visas, study visas, business visas, and relatives visas. However, Rutherfoord-Jones warns that these alternatives do not guarantee a positive outcome, and the best alternative solution is to wait for the high court’s ruling, which is yet to be made as judgment has been reserved.
Zimbabwean Trust Chapfujama, who has been living in South Africa since 2013 and working odd jobs, expressed nervousness about the expiry of ZEP as he is not eligible to apply for available visas.
Advocate Simba Chitando, who brought an application on behalf of the Zimbabwean Exemption Permit Holders Association (ZEPHA) to challenge the cancellation of the permits, stated that the requirements for alternative permits are too stringent. He advised ZEP holders to wait for the high court’s decision or apply for permanent residency permits.
To apply for relevant permits and visas, applicants must complete an online application form, pay applicable fees, ensure that their documents are in order, and schedule a booking at a Visa Facilitation Centre (VFS Centre). A VFS receipt will be provided as proof of application, which will contain important information regarding the submission date, applicant name, surname, and reference number. Bianca Rutherfoord-Jones advises ZEP holders and their employers to take the necessary action before December 31 to avoid legal consequences associated with undocumented or unlawful presence in the country.