Important Updates
Important Updates
November 20, 2025 | PolandGazeta Prawna: Cyfrowy odwrót. Wojewodowie chcą odzyskać kontrolę nad kolejkami
November 21, 2025 | OmanOman: New Cultural Visa and Cultural Residence Permit Introduced
November 20, 2025 | Switzerland Switzerland: Unchanged Quotas in 2026
November 20, 2025 | AustraliaAustralia: Skilled Migration Invitation Round and Allocations Announced
November 20, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
November 20, 2025 | PolandGazeta Prawna: Cyfrowy odwrót. Wojewodowie chcą odzyskać kontrolę nad kolejkami
November 21, 2025 | OmanOman: New Cultural Visa and Cultural Residence Permit Introduced
November 20, 2025 | Switzerland Switzerland: Unchanged Quotas in 2026
November 20, 2025 | AustraliaAustralia: Skilled Migration Invitation Round and Allocations Announced
November 20, 2025 | European UnionEuropean Union/Schengen Area: Internal Schengen Border Checks Situation
November 20, 2025 | PolandGazeta Prawna: Cyfrowy odwrót. Wojewodowie chcą odzyskać kontrolę nad kolejkami
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
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration 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

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • 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 contacts

Sandra Pusch

Sandra Pusch

Manager

Sheffield, United Kingdom

Email

[email protected]

T:+44 (0)114 289 2042

Related offices

  • Johannesburg

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Sandra Pusch

Sandra Pusch

Manager

Sheffield, United Kingdom

Email

[email protected]

T:+44 (0)114 289 2042

Related offices

  • Johannesburg

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Sandra Pusch

Sandra Pusch

Manager

Sheffield, United Kingdom

Email

[email protected]

T:+44 (0)114 289 2042

Related offices

  • Johannesburg

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Sandra Pusch

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 contacts

Sandra Pusch

Sandra Pusch

Manager

Sheffield, United Kingdom

Email

[email protected]

T:+44 (0)114 289 2042

Related offices

  • Johannesburg

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Sandra Pusch

Sandra Pusch

Manager

Sheffield, United Kingdom

Email

[email protected]

T:+44 (0)114 289 2042

Related offices

  • Johannesburg

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Sandra Pusch

Sandra Pusch

Manager

Sheffield, United Kingdom

Email

[email protected]

T:+44 (0)114 289 2042

Related offices

  • Johannesburg

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Media mentions

Gazeta Prawna: Cyfrowy odwrót. Wojewodowie chcą odzyskać kontrolę nad kolejkami

Partner Karolina Schiffter explains why Poland has paused online residence permit bookings and returned to paper-based submissions.

Learn more

Blog post

Swiss Immigration Quotas for 2026: What Employers and Workers Need to Know

Senior Manager Ana Bessa Santos outlines Switzerland’s 2026 immigration quotas and what employers should expect across non-EU/EFTA, EU/EFTA and UK permit categories.

Learn more

Blog post

UAE Updates Residency Rules to Support Residents Following Marital Status Changes

Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse

Learn more

Blog post

USCIS Lowers EB-5 Filing Fees After Court Ruling

Partner Rahul Soni outlines USCIS’ decision to reduce EB-5 filing fees following a federal court ruling that invalidates the agency’s 2024 fee increases.

Learn more

Media mentions

Construction Management: Illegal Working in Construction: Expanding Right to Work Checks

Manager Clara Gautrais and Immigration Paralegal Sean Pearce highlight how the UK government’s consultation on expanding right to work checks could affect construction employers.

Learn more

Awards

China Managing Partner Becky Xia Named Among the "Top 100 Most Influential Chinese Elites for 2025" by Forbes China

China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.

Learn more

Awards

Fragomen Recognised on The Times’ 2026 Best Law Firms List

Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.

Learn more

Blog post

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

Fragomen news

Fragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List

Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.

Learn more

Awards

Partner F. Joseph Paldino Honored with the 2025 Utah State Bar Paul Moxley Outstanding Mentor Award

Partner F. Joseph Paldino is recognized with the Utah State Bar’s Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.

Learn more

Blog post

The Compliance Paradox: Why Immigration Compliance Must Become Strategic Governance

In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with today’s business realities and measures true compliance through systems, behavior and integrity.

Learn more

Blog post

UK Immigration Reforms: A Moment to Shape the System

UK Government Affairs Strategy Director Shuyeb Muquit examines the UK’s evolving immigration framework, outlining recent reforms, upcoming consultations and the key areas where business can help shape the system’s future direction.

Learn more

Media mentions

Gazeta Prawna: Cyfrowy odwrót. Wojewodowie chcą odzyskać kontrolę nad kolejkami

Partner Karolina Schiffter explains why Poland has paused online residence permit bookings and returned to paper-based submissions.

Learn more

Blog post

Swiss Immigration Quotas for 2026: What Employers and Workers Need to Know

Senior Manager Ana Bessa Santos outlines Switzerland’s 2026 immigration quotas and what employers should expect across non-EU/EFTA, EU/EFTA and UK permit categories.

Learn more

Blog post

UAE Updates Residency Rules to Support Residents Following Marital Status Changes

Manager Ruaida Hussein outlines the UAE’s updated residency rules introducing a one-year residence permit for eligible individuals following divorce or the death of a spouse

Learn more

Blog post

USCIS Lowers EB-5 Filing Fees After Court Ruling

Partner Rahul Soni outlines USCIS’ decision to reduce EB-5 filing fees following a federal court ruling that invalidates the agency’s 2024 fee increases.

Learn more

Media mentions

Construction Management: Illegal Working in Construction: Expanding Right to Work Checks

Manager Clara Gautrais and Immigration Paralegal Sean Pearce highlight how the UK government’s consultation on expanding right to work checks could affect construction employers.

Learn more

Awards

China Managing Partner Becky Xia Named Among the "Top 100 Most Influential Chinese Elites for 2025" by Forbes China

China Managing Partner Becky Xia is named among the “Top 100 Most Influential Chinese Elites for 2025” by Forbes China for her leadership in immigration law and contributions to global mobility.

Learn more

Awards

Fragomen Recognised on The Times’ 2026 Best Law Firms List

Fragomen is featured on The Times’ 2026 Best Law Firms list in the category of immigration.

Learn more

Blog post

Foreign Birth Registration: How to Claim Irish Citizenship Through Ancestry in 2025

Senior Immigration Consultant Patricia Rezmives explains the 2025 process for claiming Irish citizenship through ancestry and key considerations for foreign birth registration.

Learn more

Fragomen news

Fragomen Named Among Top Firms on Law360 Pulse's 2025 Social Impact Leaders List

Fragomen is recognized on Law360 Pulse's 2025 Social Impact Leaders list.

Learn more

Awards

Partner F. Joseph Paldino Honored with the 2025 Utah State Bar Paul Moxley Outstanding Mentor Award

Partner F. Joseph Paldino is recognized with the Utah State Bar’s Paul Moxley Outstanding Mentor Award for his dedication to mentorship in immigration law and fostering professional growth in the legal community.

Learn more

Blog post

The Compliance Paradox: Why Immigration Compliance Must Become Strategic Governance

In this blog, Partner K. Edward Raleigh explains how modern immigration compliance must evolve from paperwork and formality into a strategic governance discipline that aligns outdated laws with today’s business realities and measures true compliance through systems, behavior and integrity.

Learn more

Blog post

UK Immigration Reforms: A Moment to Shape the System

UK Government Affairs Strategy Director Shuyeb Muquit examines the UK’s evolving immigration framework, outlining recent reforms, upcoming consultations and the key areas where business can help shape the system’s future direction.

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
  • UK Regulatory Requirements

Our firm

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

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

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

© 2025 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.