What is a Waiver Application?
Waiver Applications should not be confused with Waiver Letters.
The South African Immigration Act empowers the Minister of the Department of Home Affairs (“DHA”) to “waive any prescribed requirement” in the Act for good cause.1 This provision allows individuals to submit a waiver application to the Minister, requesting the waiver of a specific requirement that they are unable to fulfil.
Waiver applications are typically made when applicants encounter difficulty in obtaining certain required documents, such as a police clearance certificate from their home country or a Department of Labour certificate for General Work Visa applications.
If the waiver application is successful, the applicant will receive a letter signed by the Minister. This letter serves as a substitute for the waived document and is included in their application to fulfil the waived requirement.
What do you need to succeed with a Waiver Application?
As per section 31(1)(c) of the Immigration Act, it’s imperative to demonstrate good cause for your waiver request. This involves providing a comprehensive explanation detailing why you are seeking the waiver and why you are unable to fulfil the requirement you are seeking to waive.
For instance, if you have fled your home country due to a war and are unable to obtain a police clearance due to the ongoing situation, you would have good cause to request the waiver.
Given that each waiver application is unique and assessed on a case-by-case basis, there are no specific requirements for the waiver application apart from the necessity to sufficiently demonstrate good cause.
At Iustitia, we will collaborate with you to discuss any potential waiver applications, ensuring that we gather all necessary documentation and information to draft robust written representations outlining your good cause for the waiver request. Our aim is to prepare the strongest possible case on your behalf.
How are Waiver Applications submitted?
Waiver Applications must be submitted in-person at your nearest VFS Centre in South Africa.
To submit your application, you must schedule an appointment in advance and attend the appointment in person.
While it’s possible to submit these applications through the South African Mission in your home country, this option typically adds 4-6 months to the processing time.
Therefore, it’s preferable to travel to South Africa to submit the application and await the outcome in your home country. This approach usually leads to a more efficient processing timeline for your application.
How long do Waiver Applications take?
Due to the exclusive adjudication authority held by the Minister’s office for waiver applications, these applications often experience considerably longer processing times compared to other immigration applications.
As of the current situation, waiver applications are taking up to 1 year to receive an outcome due to the intricacies involved in their assessment and decision-making process. Therefore, applicants should anticipate a prolonged waiting period when submitting a waiver application.
Your waiver was granted. What next?
Once your waiver is approved by the Minister, you must submit your visa application as soon as possible. Depending on the exact circumstances of your case, this will either need to be done through VFS in South Africa or from your home country.
How can Iustitia assist with your Waiver Application?
Based on the information and documentation you provide, we will draft your written representations, thoroughly outlining the grounds for your request and highlighting the strong justification for your application.
Once your representations are finalised, we will guide you on how to schedule an appointment at your nearest VFS Centre and provide instructions on what documents you need to bring with you to the appointment.
To enquire further about Waiver Applications or request our assistance, please contact us.
- South African Immigration Act (Act 13 of 2002 as amended), section 31(1)(c). ↩︎