Major Immigration Reforms on the Horizon: DHA Draft Revised White Paper

Bruss and Co. Immigration attended the Gauteng and National public consultation hosted by the Department of Home Affairs on Friday, 30th January 2026 at Emperors Palace. The consultation provided stakeholders with an overview of the draft revised white paper on citizenship, immigration and refugee protection (CIRP) and invited public comment on these transformative proposals.

Background

In April 2024, Cabinet approved the original white paper on CIRP aimed at overhauling South Africa's fragmented immigration system. However, the complexity of certain reforms prompted Cabinet to request legal opinions before implementation. The Government of National Unity (GNU) also necessitated updates to incorporate Operation Vulindlela and the digital transformation agenda.

Following concerns from international organisations about potential withdrawal from the 1951 Refugee Convention, the DHA engaged with DIRCO, which confirmed it does not support withdrawal to preserve South Africa's diplomatic standing. This draft revised white paper updates the 2024 proposals while adding critical implementation detail.

Key Refugee Protection Proposals

Conditional Admission: Asylum seekers must demonstrate good cause for unlawful entry. The Minister may refuse entry to high-risk individuals based on security concerns.

First Safe Country Principle: Asylum seekers who received protection in another country or passed through safe third countries will be ineligible for asylum in South Africa.

Relocated Reception Offices: Refugee reception offices will move to designated ports of entry for immediate assessment of claims.

Tailored Section 22 Visas: Instead of blanket permits, asylum seekers will receive visas aligned with their specific needs (work, study, or trade).

Key Citizenship Proposals

Merit-Based Pathway: A points-based system assessing skills, qualifications, economic contribution, and social contribution.

Non-Economic Pathway: PR holders including spouses, children, and refugees will require five years of continuous residence after obtaining PR.

Citizenship Advisory Panel (CAP): A new body will review applications, conduct due diligence, and provide recommendations to the Minister.

Loss and Restoration: Citizens by birth may only renounce citizenship voluntarily, while naturalised citizens may lose citizenship without restoration options.

Key Civil Registration Proposals

Intelligent Population Register (IPR): The National Population Register will be upgraded to include biometric data, laying the foundation for Digital ID.

Universal Birth Registration: All births must be registered immediately with biometric capture, though registration does not automatically confer citizenship.

Death Registration: Death registration becomes the sole responsibility of DHA, with burial without registration constituting a criminal offence.

Key Immigration Proposals

Visitor's Visa Reforms

Renewable visitor's visas will be issued for ministerially determined periods. These visas will not permit work, study, or business, except for remote work or where the employer is a foreigner.

Investment Visa Reforms

The start-up visa will become standalone. Business visas will convert to investment visas with capital requirements gazetted regularly by the Minister after consultation with Trade, Industry and Competition.

Retirement and High Net Worth Visas

Retirement visas will have a new age limit (at least 55 years) and increased annuity requirements. The financially independent PR permit will be replaced with an investment-based visa requiring prescribed investment in South Africa.

Point-Based System (PBS)

A structured framework supported by Operation Vulindlela will assess candidates for skilled worker and investment visas based on predefined criteria.

Work Visa Reforms

Skilled Worker Visa: This new visa will replace the general work and critical skills visas, providing an employment-based pathway across skill levels and bridging temporary-to-permanent residence.

Sectoral Visa: Will replace the corporate visa, providing a framework for recruiting low-skilled migrants for short-term and seasonal work.

Intra-Company Visa: Will be retained to facilitate multinational staff movement.

Family-Based Visa Reforms

Relative's visas will be issued only to children, parents, and spouses of PR holders and citizens. The new legislation will combine sections 8(1) and 11(6) of the Immigration Act, enabling spouse visa holders to work, conduct business, and study.

Sports and Arts Visa

A new visa category will accommodate foreign performing artists, athletes, coaches, and sports professionals seeking residence for training, competitions, or professional engagements.

Permanent Residence Reforms

Quota and Window-Period System: PR approvals will be regulated annually, aligning immigration with national capacity and labour market demands. PR will be granted based on a merit-based points system rather than years of residence.

Digitalisation

The visa application process will be transformed through an automated online system (Electronic Traveller Authorisation - ETA), enhancing efficiency, transparency, and security.

Re-Introduction of Immigration Practitioners

Only immigration practitioners, attorneys, and advocates will be permitted to act on behalf of clients.

Administrative Fines

Administrative fines for overstayers will create clear consequences for non-compliance while generating income for the BMA.

Specialised Immigration Courts

Dedicated judicial mechanisms will handle immigration-related disputes, appeals, and administrative reviews expeditiously.

Timeline and Next Steps

The legislative process will unfold over the next 16-18 months:

• 15 February 2026: Deadline for public comment

• March–April 2026: DHA reviews submissions and revises policy

• April–May 2026: Cabinet approval of final policy

• June–July 2026: Drafting of Bill

• August–September 2026: Bill gazetted for pre-Parliament comment

• September 2026: Introduction in National Assembly

• November 2026–January 2027: Parliamentary committee scrutiny and public hearings

• February–March 2027: Final vote in National Assembly

• April–May 2027: National Council of Provinces consideration

• May–June 2027: Presidential assent

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How These Changes May Affect You

Whether you're considering permanent residence, need assistance with visa applications, or want to understand how these reforms impact your immigration status, professional guidance is essential.

Contact Bruss and Co. Immigration for a free consultation.

We'll help you navigate these changes and ensure your immigration matters are handled with expertise and care.

Phone: +27 71 303 1375

Email: olwen@brussandco.co.za