The 60-Day Rule Falls Away: What Immigration Directive 13 of 2026 Means for You

Foreign nationals in South Africa no longer have to apply for a visa extension or a change of status at least 60 days before their current visa expires. In Immigration Directive 13 of 2026, signed on 2 October 2026, the Minister of Home Affairs, Dr Leon Schreiber, granted a blanket waiver of the 60-day rule.

For years, missing the 60-day mark meant a rejected application, a costly appeal and, for many, the risk of being declared illegal. That risk has now been significantly reduced, but not removed entirely.

The waiver is issued under section 31(2)(c) of the Immigration Act and sets aside two requirements of the Immigration Regulations: regulation 9(8)(c), which required extension applications to be lodged at least 60 days before expiry, and regulation 9(5)(a), which applied the same deadline to change of status or conditions applications.

The Minister cites the "unintended consequences" of these rules. The waiver applies to:

•         all extension and change of status or conditions applications still awaiting a decision;

•         all pending appeals where the only issue is that the application was submitted fewer than 60 days before expiry; and

•         all future applications submitted to the Department of Home Affairs.

The waiver comes with a firm condition: your application must be submitted while your existing visa is still valid. If it is not, section 32(1) of the Immigration Act, read with regulation 30(1) of the Regulations, applies. In practice, that means you may be treated as an illegal foreigner, with the risk of deportation and a possible ban on re-entering South Africa.

This is welcome relief, particularly for applicants whose files were rejected or held up on a technicality. But a waiver is not an invitation to wait. Supporting documents such as police clearances, medical reports and employer letters take time to obtain, and appointment availability at visa facilitation centres can be limited. An application that misses the visa's expiry date by even one day falls outside the waiver altogether.

If you have a pending application or appeal that was affected by the 60-day rule, now is the time to have it reviewed. If your visa is due to expire soon, start preparing your application today.

Bruss and Co. Immigration brings over 17 years of specialised experience in South African inbound immigration. Whether you need help with an extension, a change of status or a pending appeal, we can guide you through it.

Bruss and Co. Immigration Tel: +27 71 303 1375 Email: olwen@brussandco.co.za