• Insights

Foreign Nationals with Pending Applications No Longer Permitted to Travel Overseas

April 4, 2014

insight-news-default

Country / Territory

  • South AfricaSouth Africa

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Foreign nationals in South Africa who apply for a stay permit will be expected to remain in South Africa until the application is processed. Foreign nationals with pending applications whose existing permits have not expired will continue to be able to travel while the existing permit remains valid. Previously (under Directive 43 of 2010), the Department of Home Affairs (DHA) permitted a foreign national applicant to re-enter South Africa if he or she had been issued a filing receipt in respect to a pending stay permit application. Directive 43 has been repealed effective immediately. 

Foreign nationals who depart South Africa while a permit application is pending and who do not hold a valid permit will be required to obtain a visitors visa from a South African consular post prior to their return travel. Foreign nationals who re-enter as visitors will not be permitted to work until their permit is approved and may be fined. 

The new rules may apply to foreign national permit applicants currently outside South Africa depending on when they departed South Africa: see the attached table. 

What This Means for Employers and Foreign Nationals 

The new policy means that foreign workers who make permit applications in South Africa and do not continue to hold a valid permit during the processing of the permit application will not be able to travel outside South Africa without losing work authorization and being subject to possible fines. Employers should be aware of this when considering applications for leave or possible temporary overseas assignments of permit applicants. Foreign nationals should not travel overseas if they have a permit application pending without seeking advice. 

If travel cannot be avoided, visa nationals must obtain a visitor’s visa while abroad and before they return to South Africa. This process can take up to 15 days. A returning employee must not work unless they have been granted a valid work authorization. Employers should implement process to check work authorization regularly to avoid employing foreign nationals who may have traveled without the knowledge of the employer. 

How Fragomen Can Assist 

Fragomen can assist employers with a process for checking work authorization as required. 

Fragomen will reach out to individual foreign nationals who will be affected by the new policy, provided we are aware that they are traveling. Employers should advise us of any foreign national employees who are currently traveling or will be traveling with expired or expiring permits so we can advise them of the impact. 

Fragomen is also communicating the negative impact of the change to the DHA in the hopes that the new rules can be delayed until upcoming immigration reforms are implemented. 

This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].

© 2009 - 2015 © Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Country / Territory

  • South AfricaSouth Africa

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Awards

Fragomen Attorneys Recognized in the 2027 Edition of The Best Lawyers in America™

Fragomen attorneys are recognized in the 2027 editions of The Best Lawyers in America™ and Best Lawyers: Ones to Watch® in America, including Partner Matthew Phillips and Senior Counsel Mitch Wexler as Lawyer of the Year recipients.

Learn more

Media mentions

Times of India: Trump’s New H-1B Visa Reality for Indians: Unpredictable Costs, Tougher Odds and Greater Risks

Partner K. Edward Raleigh discusses evolving H-1B policies and the importance of long-term immigration planning for Indian professionals and US employers.

Learn more
Generic Insights

Blog post

Die Niederlassungserlaubnis nach § 9 Abs. 3a AufenthG: Ein richtiger Schritt zur schnelleren und dauerhaften Integration von Ehegatten von Fachkräften

In unserem aktuellen Blog erläutert Ruben Fiedler, wer von der Regelung profitieren kann, welche Voraussetzungen gelten und was sie für Fachkräfte und ihre Familien in Deutschland bedeutet.

Learn more

Media mentions

EB5 Investors: Brazil Emerges as One of EB-5’s Fastest-Growing Markets Amid Economic Strain

Partner Gustavo Kanashiro discusses the factors driving Brazilian families’ growing interest in the EB-5 program, including wealth planning and long-term mobility.

Learn more

Blog post

Africa’s Growing Investment Ambitions Are Reshaping Immigration Policy

Partner Lunga Mani discusses how Africa’s growing investment ambitions are reshaping immigration policy, creating new mobility opportunities alongside increasing compliance and localisation requirements.

Learn more

Blog post

Healthcare Horizons: What Healthcare Employers Should Watch in the 2026 Immigration Regulatory Agenda

Counsel Christopher Wendt looks at the 2026 immigration regulatory agenda and three developments that could have a significant impact on healthcare organizations, from hospitals to research institutions and other clinical employers. 

Learn more

Podcast

Immigration in South Africa

Partner Lunga Mani and Director Johannes Kgotso Tiba discuss South Africa’s evolving immigration landscape and key considerations for employers, foreign nationals and global mobility teams.

Learn more

Blog post

Recouping Immigration Costs: Are Supportive Employers at Risk of Non-Compliance?

In this blog, Director Shanaz Haque explores what sponsors should consider when recouping immigration costs — including prohibited costs, salary implications and repayment arrangements.

Learn more

Media mentions

Human Resources Director: Migrant Worker Exploitation: Why It Persists and How HR Can Act

Senior Counsel Dr. Anna Boucher discusses factors that can affect migrant workers and how HR teams can support ongoing immigration and employment compliance.

Learn more

Blog post

Europe’s New Mobility Equation: More Talent, More Oversight, More Complexity

Partner Raj Naik explores how geopolitical change, increasingly data-driven compliance and evolving talent strategies are reshaping workforce mobility across Europe.

Learn more

Awards

Partner F. Joseph Paldino and Counsel Clark Cannon Named to Utah Business’ 2026 Legal Elite

Partner F. Joseph Paldino and Counsel Clark Cannon are named to Utah Business’s 2026 Legal Elite for their contributions to immigration law.

Learn more

Blog post

A More Purposeful UK Immigration System: What Expanded Access to the Global Talent Visa Means for UK Immigration Policy

In our latest blog, UK Government Affairs Strategy Lead @Shuyeb Muquit examines the expanded access to the Global Talent visa and what it signals about the direction of UK immigration policy

Learn more

Awards

Fragomen Attorneys Recognized in the 2027 Edition of The Best Lawyers in America™

Fragomen attorneys are recognized in the 2027 editions of The Best Lawyers in America™ and Best Lawyers: Ones to Watch® in America, including Partner Matthew Phillips and Senior Counsel Mitch Wexler as Lawyer of the Year recipients.

Learn more

Media mentions

Times of India: Trump’s New H-1B Visa Reality for Indians: Unpredictable Costs, Tougher Odds and Greater Risks

Partner K. Edward Raleigh discusses evolving H-1B policies and the importance of long-term immigration planning for Indian professionals and US employers.

Learn more
Generic Insights

Blog post

Die Niederlassungserlaubnis nach § 9 Abs. 3a AufenthG: Ein richtiger Schritt zur schnelleren und dauerhaften Integration von Ehegatten von Fachkräften

In unserem aktuellen Blog erläutert Ruben Fiedler, wer von der Regelung profitieren kann, welche Voraussetzungen gelten und was sie für Fachkräfte und ihre Familien in Deutschland bedeutet.

Learn more

Media mentions

EB5 Investors: Brazil Emerges as One of EB-5’s Fastest-Growing Markets Amid Economic Strain

Partner Gustavo Kanashiro discusses the factors driving Brazilian families’ growing interest in the EB-5 program, including wealth planning and long-term mobility.

Learn more

Blog post

Africa’s Growing Investment Ambitions Are Reshaping Immigration Policy

Partner Lunga Mani discusses how Africa’s growing investment ambitions are reshaping immigration policy, creating new mobility opportunities alongside increasing compliance and localisation requirements.

Learn more

Blog post

Healthcare Horizons: What Healthcare Employers Should Watch in the 2026 Immigration Regulatory Agenda

Counsel Christopher Wendt looks at the 2026 immigration regulatory agenda and three developments that could have a significant impact on healthcare organizations, from hospitals to research institutions and other clinical employers. 

Learn more

Podcast

Immigration in South Africa

Partner Lunga Mani and Director Johannes Kgotso Tiba discuss South Africa’s evolving immigration landscape and key considerations for employers, foreign nationals and global mobility teams.

Learn more

Blog post

Recouping Immigration Costs: Are Supportive Employers at Risk of Non-Compliance?

In this blog, Director Shanaz Haque explores what sponsors should consider when recouping immigration costs — including prohibited costs, salary implications and repayment arrangements.

Learn more

Media mentions

Human Resources Director: Migrant Worker Exploitation: Why It Persists and How HR Can Act

Senior Counsel Dr. Anna Boucher discusses factors that can affect migrant workers and how HR teams can support ongoing immigration and employment compliance.

Learn more

Blog post

Europe’s New Mobility Equation: More Talent, More Oversight, More Complexity

Partner Raj Naik explores how geopolitical change, increasingly data-driven compliance and evolving talent strategies are reshaping workforce mobility across Europe.

Learn more

Awards

Partner F. Joseph Paldino and Counsel Clark Cannon Named to Utah Business’ 2026 Legal Elite

Partner F. Joseph Paldino and Counsel Clark Cannon are named to Utah Business’s 2026 Legal Elite for their contributions to immigration law.

Learn more

Blog post

A More Purposeful UK Immigration System: What Expanded Access to the Global Talent Visa Means for UK Immigration Policy

In our latest blog, UK Government Affairs Strategy Lead @Shuyeb Muquit examines the expanded access to the Global Talent visa and what it signals about the direction of UK immigration policy

Learn more
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
Important Updates
Important Updates
August 19, 2026 | BrazilEB5 Investors: Brazil Emerges as One of EB-5’s Fastest-Growing Markets Amid Economic Strain
August 20, 2026 | United StatesFragomen Attorneys Recognized in the 2027 Edition of The Best Lawyers in America™
August 20, 2026 | United StatesTimes of India: Trump’s New H-1B Visa Reality for Indians: Unpredictable Costs, Tougher Odds and Greater Risks
August 19, 2026 | ChileChile: Digital Work Authorization Process Introduced
August 19, 2026 | ColombiaColombia: In-Person Immigration Services Suspended at Seven Locations Following Earthquake
August 19, 2026 | BrazilEB5 Investors: Brazil Emerges as One of EB-5’s Fastest-Growing Markets Amid Economic Strain
August 20, 2026 | United StatesFragomen Attorneys Recognized in the 2027 Edition of The Best Lawyers in America™
August 20, 2026 | United StatesTimes of India: Trump’s New H-1B Visa Reality for Indians: Unpredictable Costs, Tougher Odds and Greater Risks
August 19, 2026 | ChileChile: Digital Work Authorization Process Introduced
August 19, 2026 | ColombiaColombia: In-Person Immigration Services Suspended at Seven Locations Following Earthquake
August 19, 2026 | BrazilEB5 Investors: Brazil Emerges as One of EB-5’s Fastest-Growing Markets Amid Economic Strain
Subscribe

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.