World Immigration News

2025 Overview: Developments in South African Immigration Law

Release Date: 2025-11-10
Media: Cliffe Dekker Hofmeyr
Summary: South Africa is advancing major reforms to immigration and labour enforcement. The government has approved the National Labour Migration Policy (NLMP) 2025 White Paper and the Employment Services Amendment Bill (ESAB), which will allow the Minister of Employment and Labour to set sector-, occupation-, or region-specific quotas on hiring foreign nationals. The ESAB is currently undergoing public consultation.

The Immigration Amendment Bill 2024 introduces changes to detention procedures for undocumented foreigners, requiring court review within 48 hours and applying an “interests of justice” test for extended detention, in line with Constitutional Court rulings.

Digital transformation is underway. The Electronic Travel Authorisation (ETA) system was launched in late 2025 for G20-related travellers and will later expand to tourism and other visa categories. Additional streamlined visa schemes (STAGES and MEETS) have been introduced for the film, entertainment, and events sectors. ID verification fees have also been significantly increased to support improvements to the national population database.

Compliance enforcement has intensified. Joint inspections have led to the arrest and fining of employers and undocumented workers, and over 51,000 undocumented migrants have been deported in the past financial year. Employers hiring undocumented workers face fines and imprisonment. A major 2019 raid on a garment factory resulted in convictions for human trafficking, child labour, and immigration violations, with sentences of up to 20 years.

Recent judicial decisions have confirmed that employing a foreign national without valid status is unlawful, supporting dismissals based on expired refugee or visa documentation.

Due to significant processing backlogs, a temporary concession allows foreign nationals with pending waiver or long-term visa appeals to remain legally in South Africa until 31 March 2026 without penalties. Meanwhile, Zimbabwean and Lesotho Exemption Permits have been extended to 28 May 2027.

Next Steps for Employers:
Organizations must review their immigration compliance, ensure all foreign workers hold valid permits, update recruitment and onboarding procedures, and prepare for digital visa systems and increased enforcement.
Tags: South Africa

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