Home Affairs confirms sweeping visa changes
The need to submit medical reports for permanent residency and visa applications has been waived by the Department of Home Affairs (DHA) with immediate effect.
Minister Leon Schreiber gazetted the waiver, having signed the immigration directive on 8 July. The blanket waiver alters two sub-regulations of the Immigration Act and applies to all future applications and those currently pending adjudication.
The sub-regulations affected, 9(1)(c) and 23(1)(f) of the 2014 immigration regulations, apply to temporary residence visa applications and permanent residence applications.
The Citizen reports that Eisenberg and Associates clarified that medical certificates were initially intended to guard against the spread of infectious diseases.
‘SA’s Immigration Act still protects that public health interest directly: section 29 already bars entry to anyone falling into prohibited categories, including those with certain serious infectious diseases. The legal safeguard already exists elsewhere in the Act, making a blanket medical certificate requirement increasingly redundant,’ says Eisenberg and Associates.
The firm adds that the medical reports caused unnecessary delays as applications would be rejected due to flaws in the documents, such as being incorrectly endorsed or outdated, instead of legitimate medical issues.
‘These technical disputes generated avoidable rejections and unnecessary appeals, adding pressure to an already stretched immigration system,’ the firm said.
The Citizen reports that IBN Immigration Services said the waiver for temporary residence visas was only applicable for those already in the country.
‘If you are applying for a temporary residence visa from outside SA through an embassy, consulate, or visa facilitation service office abroad, you must still submit a medical report with your application. Applications are still assessed against the full requirements of the Immigration Act and Regulations, and incomplete or incorrectly prepared applications remain the leading cause of delays and rejections,’ IBN said.
Article disclaimer: While we have made every effort to ensure the accuracy of this article, it is not intended to provide final legal advice as facts and situations will differ from case to case, and therefore specific legal advice should be sought with a lawyer.
