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Africa
Employment

SA visas may give ZEP holders a chance to stay in SA

11 Nov 2022 - by Staff reporter
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Zimbabwean Exemption Permit (ZEP) holders should take advantage of the six-month extension granted by the South African government to apply for a mainstream visa or exemption.

This is according to Marisa Jacobs, managing director at Xpatweb, an expatriate and international mobility services firm.

"The general but mistaken sentiment among ZEP holders seems to be that it is a pointless exercise because applicants will inevitably not be successful with their applications," Jacobs said.

However, ZEP holders can benefit from taking action now rather than waiting for their permits to expire.

In October, Zimbabwe's Minister of Information, Publicity and Broadcasting Services, Monica Mutsvangwa, said that fewer than 10% of some 180 000 ZEP holders had applied for available South African visas. This was against the previous deadline of December 31 before the SA government extended the period of exemption to June 30, 2023.

As foreign nationals, Zimbabweans’ stay in the country will be administered through the prescribed visa system and not independently as the government ends the ZEP system.

"The minister's published directive on the implementation of the extension expresses sensitivity to the applicants by providing them with concrete protection," Jacobs said.

This includes the following provisions for ZEP holders during the extension period:

• They may not be arrested, ordered to depart the country, detained for deportation, or deported for not having a valid exemption certificate label or sticker in their passport.

• They may not be dealt with in terms of sections 29 (Prohibited persons), 30 (Undesirable persons) and 32 (Illegal foreigners) of the Immigration Act.

• They may exit and re-enter the country freely provided they meet all the requirements for entry/departure, except for having a valid permit in their passport.

• They are not required to produce a valid exemption certificate or an authorisation letter to remain in South Africa when making their application for any category of visa, including a temporary residence visa.

"This means they can move around freely and apply for an appropriate visa without fear of exposing themselves to prosecution or bureaucratic discrimination," Jacobs said.

She added that there were myriad benefits in applying for a visa compared to the ZEP permit which did not provide holders with the right to seek permanent residence, regardless of how long they remained in the country. Applying for a visa for which they qualify presents the possibility of one day enjoying permanent residence.

ZEPs also cannot be renewed or extended. The current extension applies to the elimination of the ZEP system altogether, not the expiry of individual permits, while visas may be renewed for qualifying candidates.

Jacobs warned ZEP holders not to delay applying for a visa as it was possible that a backlog would build up nearer the deadline, causing delays in the processing of applications.

"To ensure that your status remains valid post 30 June 2023, apply now to give yourself the best chance of success and plenty of time to plan ahead."

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