As we draw near to the end of the year, foreign students wishing to further their studies in South Africa will need to ensure that their status will allow them to do so.
Study Visa Applications
As is greatly publicised, Home Affairs are currently dealing with a massive backlog of applications in their permitting division. There is no doubt that the influx of Study Visa applications will add to this backlog, which result in delays of the adjudication of the applications. In addition to the backlog, December sees Home Affairs closing for a period of around 2 weeks, over the festive season, which will see further delays on the processing times.
As such, it is extremely important that students submit their applications before long, to avoid ending up in a position whereby they are not able to continue with their studies, due to not having the correct visa.
Compliance for Universities
Whilst our constitution makes provision for students who do not have legal status in South Africa, to have the right to basic education, as confirmed in the Eastern Cape High Court ruling in 2019. The same provision is not afforded to those seeking to further their studies at Higher Learning Institutions.
This fact makes it vitally important that the learning institutions be cognisant of the Immigration Act, specifically section 39 and 42 of the Act. In addition to being cognisant of the act, the institutions should ensure that all of their foreign students and foreign educators hold legitimately obtained visas.
We are hosting a free webinar on the 18th of October 2023, where we will go more in-depth on the above 2 subjects. Please click here to register and reserve your space.