Important Updates
Important Updates
April 16, 2026 | United StatesUnited States: Air Travel Resumes Between the United States and Venezuela
April 17, 2026 | BelgiumBelgium: Mandatory Online Submission of Certain Permit Applications Forthcoming
April 17, 2026 | MalaysiaMalaysia: Pass Endorsement Payment Deadlines and In-Country Stay Requirements Reinforced
April 17, 2026 | ZambiaZambia: New Immigration Law Brings Process Clarity but More Compliance Requirements
April 16, 2026 | United StatesEB-5 Investors: May Visa Bulletin Advances EB-5 Dates for Chinese Investors, Cautions Retrogression for India
April 16, 2026 | United StatesUnited States: Air Travel Resumes Between the United States and Venezuela
April 17, 2026 | BelgiumBelgium: Mandatory Online Submission of Certain Permit Applications Forthcoming
April 17, 2026 | MalaysiaMalaysia: Pass Endorsement Payment Deadlines and In-Country Stay Requirements Reinforced
April 17, 2026 | ZambiaZambia: New Immigration Law Brings Process Clarity but More Compliance Requirements
April 16, 2026 | United StatesEB-5 Investors: May Visa Bulletin Advances EB-5 Dates for Chinese Investors, Cautions Retrogression for India
April 16, 2026 | United StatesUnited States: Air Travel Resumes Between the United States and Venezuela
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Travel and Mobility Considerations: Situation in the Middle EastNavigating Immigration Under the Second Trump AdministrationImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Travel and Mobility Considerations: Situation in the Middle East
  • Navigating Immigration Under the Second Trump Administration
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Navigating Sudden Immigration Policy Changes in South Africa

February 21, 2017

Marco Deutsch

Country / Territory

  • South AfricaSouth Africa

Related offices

  • Fragomen in Johannesburg, South Africa

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Fragomen in Johannesburg, South Africa

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Fragomen in Johannesburg, South Africa

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

South Africa, like many countries, has a very structured approach to law making. Who is involved at what stage and when and how the public is given an opportunity to comment, are cornerstones of the process. Furthermore, the final law is published in the Government Gazatte and made available to the public via this Gazatte.

However, changes to policy—which applies to many rules governing immigration in South Africa—are not as well communicated or publicized. This can create much confusion for many businesses in South Africa that have a vested interest in complying with immigration laws and procedures.

What Triggers Changes to Immigration Rules?

Policy changes are often triggered by events out of the sight of the “standard” applicant, and the authorities are quick to implement counter measures. The reasons vary, but often involve illegal practices, fraud, bribery, etc. Authorities don’t intend to be disruptive, but act according to their mandate which includes, but isn’t limited to, ensuring that security considerations are satisfied, legal immigration is controlled and illegal immigration is prevented.

One needs to consider that South Africa is a destination for many foreign nationals from the African continent seeking employment and a more stable economic basis for their future, and immigration policy and procedure decisions are often focussed more on economic migrants than on the comparatively small expatriate population.

Policy changes affect not only foreigners in South Africa but also those required to submit applications to the many diplomatic posts abroad. Whilst the law will have a list of prescribed documents, South African authorities abroad can request additional information that is not required by law. Often this causes confusion and frustration but is meant as a counter measure to illegal activities.

To illustrate the issue let’s look at the government’s recently publicized intention to implement measures restricting the ability to transfer visas into a new passport. This seems to have been based on the fear that there is a booming illegal practice of transferring a visa to a new passport and then selling the old passport to an individual without lawful immigration status, or with an expired immigration status, enabling him or her to stay in the country under false identity and pretences. Another example is when visa applicants are requested to obtain a certified copy of a company’s authorised signatory ID to limit the instances where fake company letterheads were produced in order to obtain a work visa.

How are Immigration Changes Communicated?

More often than not, there will be casualties in the wake of such policy changes. The changes are rarely communicated to the public in advance and are implemented without sufficient notice and grandfathering provisions. Requests for additional documents or information are often implemented overnight and are only detected when one submits an application. This often leaves sizeable numbers of the expatriate population either in the dark or even in a predicament with questionable immigration status.

What to do When a Policy Change Affects You?

Whenever a policy change occurs, it’s important to keep a cool head, seek competent advice and strategize a way forward to ensure (continued) immigration compliance. Some policy changes can be challenged whilst others are there to stay and have to be addressed by giving more information or documentation then required by law. There is typically little or no point trying to contest a new requirement or process on the spot and government interaction may be needed. Unfortunately, new policies and procedures inevitably result in additional time, effort and often additional investment and will lead to a delay that you should be prepared to account for from the outset.

If you need any assistance or guidance, you can reach out to one of our many Fragomen offices globally. For Sub-Saharan Africa reach us via [email protected].

Country / Territory

  • South AfricaSouth Africa

Related offices

  • Fragomen in Johannesburg, South Africa

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Fragomen in Johannesburg, South Africa

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related offices

  • Fragomen in Johannesburg, South Africa

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

EB-5 Investors: May Visa Bulletin Advances EB-5 Dates for Chinese Investors, Cautions Retrogression for India

Senior Counsel Mitch Wexler discusses China’s EB-5 Unreserved category advancing to September 22, 2026, while India’s dates remain unchanged with potential for retrogression amid sustained demand.

Learn more

Media mentions

Citywealth: Tens of Thousands Leave the Gulf for the UK, For Now

Partner Julia Onslow-Cole discusses Middle East-based UHNW clients making short-term moves driven by schooling and timing considerations.

Learn more

Media mentions

Energiewirtschaftliche Tagesfragen: Mitarbeiter aus Drittstaaten im Offshore-Einsatz - Wenn Seemeilen über Legalität entscheiden

Senior Manager Katharina Vorländer examines how immigration rules for offshore wind projects in Germany hinge on nautical boundaries and why careful personnel planning is essential to avoid compliance risks.

Learn more

Media mentions

Gazeta Prawna: Zatrudnienie Kolumbijczyków, Gruzinów i Wenezuelczyków tylko na podstawie wizy i właściwego zezwolenia sprzeczne z ustawą.

Poland Immigration Strategy Director Tomasz Rogala comments on a draft regulation restricting work for citizens of Georgia, Colombia and Venezuela in Poland during visa-free stays.

Learn more

Awards

Four Fragomen Attorneys Recognised by The Best Lawyers™ in Australia

Partners Chris Spentzaris and Sasko Markovski, Practice Leader Sarah Tan and Counsel Robert Walsh are recognized by Best Lawyers in Australia for their work in immigration law.

Learn more

Awards

Fragomen Shortlisted Across Multiple Categories in 2026 EMMA Awards

Fragomen is shortlisted across multiple categories in the 2026 EMMA Awards, recognizing innovation and impact in global mobility and immigration services.

Learn more

Video

How to Get Your French Work Visa After Graduation: Job Seeker / Company Creation Permit

Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit. 

Learn more

Work authorization

Portugal’s Golden Visa and the Pathway to EU Citizenship

Senior Associate Lara Hannaway outlines the current state of Portugal’s Golden Visa programme, examining how recent policy reforms, proposed changes to nationality rules and ongoing processing delays are reshaping the pathway to long‑term residence and EU citizenship.

Learn more

Media mentions

Mens en Migratie: Behind the Scenes—Recognised Sponsorship

In an article published in Mens en Migratie magazine, Senior Associate Tugba Ozyakup explains how authorized representatives support employers with recognized sponsor status by managing complex immigration processes, particularly for international companies navigating Dutch requirements.

Learn more

Media mentions

Aviation Business News: A Tough Runway to UK Settlement - UK Aviation and the Impact of the Settlement Changes

Manager Adam Hickling outlines how proposed UK settlement reforms may affect the aviation sector’s ability to attract and retain skilled engineers and technicians.

Learn more

Video

Business Travelers into Switzerland | #MobilityMinute

Manager Mihaela Dumitru highlights key considerations for business travelers entering Switzerland, emphasizing that compliance is determined by activities—not duration of stay or entry status.

Learn more

Video

Mexico: Bienvenidos! Immigration Rules for the World Cup in Mexico | #FragomenFC - Ep.17

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Mexico entry requirements for the 2026 FIFA World Cup, including visa processes, documentation requirements and key considerations for travelers.

Learn more

Media mentions

EB-5 Investors: May Visa Bulletin Advances EB-5 Dates for Chinese Investors, Cautions Retrogression for India

Senior Counsel Mitch Wexler discusses China’s EB-5 Unreserved category advancing to September 22, 2026, while India’s dates remain unchanged with potential for retrogression amid sustained demand.

Learn more

Media mentions

Citywealth: Tens of Thousands Leave the Gulf for the UK, For Now

Partner Julia Onslow-Cole discusses Middle East-based UHNW clients making short-term moves driven by schooling and timing considerations.

Learn more

Media mentions

Energiewirtschaftliche Tagesfragen: Mitarbeiter aus Drittstaaten im Offshore-Einsatz - Wenn Seemeilen über Legalität entscheiden

Senior Manager Katharina Vorländer examines how immigration rules for offshore wind projects in Germany hinge on nautical boundaries and why careful personnel planning is essential to avoid compliance risks.

Learn more

Media mentions

Gazeta Prawna: Zatrudnienie Kolumbijczyków, Gruzinów i Wenezuelczyków tylko na podstawie wizy i właściwego zezwolenia sprzeczne z ustawą.

Poland Immigration Strategy Director Tomasz Rogala comments on a draft regulation restricting work for citizens of Georgia, Colombia and Venezuela in Poland during visa-free stays.

Learn more

Awards

Four Fragomen Attorneys Recognised by The Best Lawyers™ in Australia

Partners Chris Spentzaris and Sasko Markovski, Practice Leader Sarah Tan and Counsel Robert Walsh are recognized by Best Lawyers in Australia for their work in immigration law.

Learn more

Awards

Fragomen Shortlisted Across Multiple Categories in 2026 EMMA Awards

Fragomen is shortlisted across multiple categories in the 2026 EMMA Awards, recognizing innovation and impact in global mobility and immigration services.

Learn more

Video

How to Get Your French Work Visa After Graduation: Job Seeker / Company Creation Permit

Learn how international graduates can stay in France for one year to find work or start a business. Discover eligibility requirements, application steps and transition options for the Job Seeker/New Business Creator permit. 

Learn more

Work authorization

Portugal’s Golden Visa and the Pathway to EU Citizenship

Senior Associate Lara Hannaway outlines the current state of Portugal’s Golden Visa programme, examining how recent policy reforms, proposed changes to nationality rules and ongoing processing delays are reshaping the pathway to long‑term residence and EU citizenship.

Learn more

Media mentions

Mens en Migratie: Behind the Scenes—Recognised Sponsorship

In an article published in Mens en Migratie magazine, Senior Associate Tugba Ozyakup explains how authorized representatives support employers with recognized sponsor status by managing complex immigration processes, particularly for international companies navigating Dutch requirements.

Learn more

Media mentions

Aviation Business News: A Tough Runway to UK Settlement - UK Aviation and the Impact of the Settlement Changes

Manager Adam Hickling outlines how proposed UK settlement reforms may affect the aviation sector’s ability to attract and retain skilled engineers and technicians.

Learn more

Video

Business Travelers into Switzerland | #MobilityMinute

Manager Mihaela Dumitru highlights key considerations for business travelers entering Switzerland, emphasizing that compliance is determined by activities—not duration of stay or entry status.

Learn more

Video

Mexico: Bienvenidos! Immigration Rules for the World Cup in Mexico | #FragomenFC - Ep.17

Partner Rick Lamanna, Senior Associate Jake Paul Minster and Senior Manager Sergio Flores discuss Mexico entry requirements for the 2026 FIFA World Cup, including visa processes, documentation requirements and key considerations for travelers.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • AI Transparency Statement
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • TikTok
  • Twitter

© 2026 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.