I am a ZEP holder who has applied for a general work permit. I am worried that I will not get a response on my application before my employment contract expires.

The long answer

It may be helpful to see this summary of the latest on ZEP deadlines by the National Employers’ Association of South Africa (NEASA):

• Current ZEP holders of the original ZEPs: extended and valid until 29 November 2024.

• Current holders of original ZEPs are entitled to apply for New Exemption Permits.

• New Exemption Permits issued are valid until 29 November 2025.

• Original ZEP holders who already applied for waivers and for other mainstream visas, do not have to apply for the “new” Exemption Permits; and therefore, if an original ZEP holder has applied for a waiver and a mainstream visa, he/she will be allowed to remain and be employed in South Africa, until they receive the outcome of their applications. (my emphasis)

So, it seems that even if you have still not received a response from Home Affairs by the time your contract ends on 29 November 2024, your current status is protected until you receive the outcome of your application.

As you probably know, the new Home Affairs Minister, Leon Schreiber, issued a circular in August 2024 supporting working ZEP holders to apply to waive the Department of Labour (DEL) recommendation and the SA Qualifications Authority (SAQA) evaluation requirements necessary to support general work visa applications, which would be otherwise required in terms of sections 18(3)(a) and (b) of the immigration regulations.

The circular makes available a viable process to apply for waivers and general work visas for legitimately employed ZEP holders whose employers are willing to support these applications.

NEASA recommends applying for a waiver of the DEL and SAQA requirements. saying, “Although these visa applications may take up to a year to be processed, especially in cases where waiver applications are required prior to application for a general work visa, Neasa has received confirmation from immigration specialists that most waiver applications are being granted.

“The approved waiver applications will allow these ZEP holders to submit their applications for general work visas, which can be issued for up to five years.”

In terms of the bank loan repayments, it may be worth taking proof of your application for a general work permit to the bank, and explain that you are still waiting for the outcome, and ask what they would recommend in the circumstances. It’s generally worth approaching a creditor to open discussions rather than waiting till the last moment.

It may also be worth asking advice from organisations like the Helen Suzman Foundation, which successfully took the former Minister Motsoaledi of Home Affairs to court over his decision to end the ZEPs without proper consultation with those affected. They may also be able to assist with asking Home Affairs to speed up the processing of your application. 

These are their contact details:

Tel: +27 11 482 2872

Email: yvette@hsf.org.za 

Wishing you the best,
Athalie