South Africa: Considerations for those with expiring Zimbabwe Exemption Permits

Background

After months of anticipation and speculation, South Africa’s Cabinet decided not to authorise the extension of Zimbabwe Exemption Permits (ZEPs) when they expire on 31 December 2021. The South African government initially granted the ZEPs in 2010 in a bid to regularise Zimbabwean nationals who were living and working illegally in South Africa and subsequently granted two extensions.

The cabinet has granted ZEP-holders a year to migrate in-country to other relevant work-related visas outlined in the South African Immigration Act (Act #13 of 2002), provided they qualify for another category.

During this one-year period, the ZEP-holders will be able to continue to work legally under the conditions of the expired visa as well as to travel and transact until the end of the period. A directive to this effect will be shared with relevant stakeholders like employers, banks, schools and ports of entry, just to mention a few.

About the ZEP

The ZEP was implemented by the government of South Africa in 2009 due to challenging economic conditions in Zimbabwe. It was initially called Dispensation of Zimbabweans Project (DZP) and later Zimbabwe Special Dispensation Permit (ZSP).

Above all, it was implemented to alleviate pressure on the overburdened South African asylum system, regularise Zimbabweans who were in the country without documentation, and to ensure that those who acquired South African documents illegally relinquish them without consequence.

Starting the ZEP Migration Process

The visa types that ZEP-holders would have to have in order to migrate include General Work Visas (GWV), Critical Skills Work Visas (CSWV), Section 11(6) and Business Visas. For their dependants, a dependant and study visa would suffice.

As far as the GWV is concerned, one of the vital requirements is a certificate from the Department of Employment and Labour (DoEL) confirming that, despite diligent search, the prospective employer is unable to find a suitable citizen or permanent resident with qualifications or skills. A waiver in terms of Section 31(2)(c) and Regulation 29 from DoEL’s requirement is still an available option. However, in recent months, considerable delays of up to a year have been experienced, resulting in this option being less viable and much-needed talent being lost to other countries with more relaxed requirements.

Expected Challenges with ZEP Migration

A good number of individuals granted with ZEPs may not qualify for any visa category given their skill set and qualifications. Where they qualify, the requirements may be rigorous and expensive. For example, in order to qualify for a business visa, the minimum required amount of money is R5 million which may not be a viable option for many. 

Additionally, the migration process might be lengthy depending on the COVID-19 situation as well as capacity at the Department of Home Affairs as well as the Department of Labour, which might be required to conduct workplace inspections before granting labour certification. The anticipated change of the critical list which serves as the basis for the CSWV may pose a challenge, as some skills that ZEP-holders may potentially qualify for might be removed from the list, further limiting available options.

Conclusion

Given the technical and complex nature of the immigration process in South Africa as well as the challenges highlighted above, ZEP-holders are encouraged to seek help from experienced immigration professionals who will be able to discuss the available options as well as requirements. 

Need to Know more?

For further information on this topic, please contact Johannes Tiba at [email protected]. This blog was published on 15 December 2021, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please visit our dedicated COVID-19 site, subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram.