By Julian Pokroy
The COVID-19 pandemic has had unintended consequences on visas and the movement of people into South Africa, that could never have been envisaged.
On the visa front the pandemic has wreaked absolute havoc and some of the effects are dealt with hereunder.
Firstly, during the most serious level of lockdown at Level 5 all travel, including interprovincial travel, was prohibited except in certain defined emergency and essential services movement of people. Leisure travel was prohibited and tourists were effectively barred from entering the country. The effects on the tourism industry and the job losses in that industry cannot be measured.
The effect on the barring of travel made any visa requiring entry into South Africa almost an impossibility. Even repatriating South African citizens and residents experienced severe difficulties returning home initially.
As the country moved through the various stages of lockdown, so the goals kept shifting as to when and if the Department of Home Affairs would be open or closed and whether services would be rendered or not. Also, the aforementioned dictated whether Visa Facilitation Services “VFS” would be open for business. VFS is the receiving, despatch and collection agent for the Department of Home Affairs. The adjudications in South Africa are all done in the adjudication hub at head office of the Department of Home Affairs in Pretoria.
During Level 5 lockdown all offices were closed except for emergency travel documents, where travel was necessitated, registrations of births and deaths. Very few other emergency services were being rendered and this includes South African Embassies, High Commissions and consular offices, and of course VFS offices.
It would appear that very limited work was being done remotely, either, in terms of visas, at any of these offices. And all ground to a halt and there were little or no flights in and out of the country, other than those relating to emergency essential cargo and supplies.
This placed an enormous burden on all current and intended visa processes.
When the country was moved down to Level 4 and subsequently Level 3, the Minister of Home Affairs gazetted exemptions to legalise and automatically extend the visas of foreign nationals who were already in the country on valid visas, and who could not return home due to COVID-19 restrictions and who could not apply to extend their visa as VFS and Home Affairs offices were closed due to the COVID-19 restrictions. This brought some respite for concerned visa holders.
Various Home Affairs offices have been closed on a recurrent basis due to COVID-19 cases being detected and resultant decontamination of those offices, generally for two weeks each time.
A further problem which arose during this period was a host of really negative outcomes to visa applications. It became apparent that no proper attention was given to some matters by the adjudication teams. To embark on an appeal or review of such decisions would be an exercise in futility as it is impossible to know how long it could possibly take to finalise such application.
The current delay in processing visas and extensions thereof is two to three months or more.
On the Permanent Residence front the situation has been far worse. When the initial lockdown was announced, the Permanent Residence section went into lockdown and it remains in that mode.
VFS will take in applications for permanent residence and in terms of a July 2021 Government Gazette, that service will only recommence in January 2022.
At the time of writing this article, the author is unaware of any applications for Permanent Residence having been finalised in this period. There are countless applications that have been outstanding for 5 years and more.
On the Civic Affairs section, only passports, ID cards and registrations of births, deaths and marriages have been allowed.
The desk for taking in applications for Naturalizations, Determinations of Status and all applications for unabridged certificates has been closed and at time of writing this article, remain closed since the commencement of the March 2020 lockdown.
Should you have queries relating to any of the above then feel free to email the author on julian@immigration.org.za.
