Question NW28 to the Minister of Home Affairs

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07 March 2024 - NW28

Profile picture: van der Merwe, Ms LL

van der Merwe, Ms LL to ask the Minister of Home Affairs

What (a) is the current backlog of visa processing since 1 January 2023, (b) is the breakdown of the specified backlog in each visa category, (c) is the average waiting period for each visa category and (d) are the reasons that visitors are not allowed to extend their visas past the initial 90 days granted?

Reply:

(a)(b) the DHA has 17 visa categories. The other categories are Critical, and General worker's visas have no backlog, however, the Spousal visa category backlog stands at 41083, which is section 11 (6).

The delays and backlogs are on two visa categories, they are section 11 (6) and Section 18. They are for spousal and relative visas respectively. The department experiences challenges concerning the legitimacy of relationships being claimed or cited in the application. It must be noted that some foreign nationals take advantage and follow corrupt methods to legitimise themselves, family members, friends, and others.

Fraudulent marriages, marriages of convenience, and a special category of cohabitation are unfortunately on the increase. The department has to prove the legitimacy of these relationships as well as their notarial contracts.

It is widely known that the department does not have sufficient capacity such as immigration officers who have to be tasked in investigating the authenticity of such relationships. Without proving the authenticity of such documents the department will end up issuing visas to people who do not deserve to be in the country.

(c) The average waiting period is stipulated in the DHA Service Delivery Charter which is available online. For example, the turnaround time for PRP is 8 months.

(d) In terms of Section 11 (1) (a) of the Immigration Act, provides that

(1) A visitor’s visa may be issued for any purpose other than those provided in sections 13 to 24, and subject to subsection (2), by the Director General in respect of a foreigner who complies with section 10A and provides the financial or other guarantees prescribed in respect of his or her departure, provided that such visa’ may not exceed three months and upon application may be renewed by the Director General for a further period which shall not exceed three months.

Further, applicants that have applied for extensions that are under consideration by the Department remain legal in the country pending finalisation of their applications. This is in line with our legislative prescripts as passed by the legislature.

END

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