summary AND PRESENTATION
Revised White Paper
In South Africa, the Draft Revised White Paper on Citizenship, Immigration and Refugee Protection is a government policy document that proposes major reforms to how the country manages citizenship, immigration, visas, and refugees. It was released by the Department of Home Affairs for public comment in late 2025. Below, the CCSSA presents a summary of critical points.
Conditional admission of asylum seekers to the country
In line with the Ashebo judgement, asylum seekers must show good cause for their unlawful entry or presence in the country. In accordance with Article 1(f) of the 1951 Convention {Application of Article 1F :
The application of Article 1F is crucial in maintaining the integrity of the asylum system. It ensures that individuals who pose a threat to the safety and security of the host country or who have committed grave offenses are not granted refugee status. The burden of proof lies with the state to demonstrate that there are serious reasons for exclusion, which is a higher standard than mere suspicion}, the Minister of Home Affairs may refuse entry to asylum seekers deemed high-risk individuals based on security concerns or prior violations of immigration laws.
First Safe Country Principle
DHA will implement the First Safe Country Principle, which states that asylum seekers who have been granted refugee status or lawful protection in another country, or who pass through safe third countries to reach South Africa, are ineligible for asylum in South Africa.
Relocation of RROs and virtual refugee reception procedures
The refugee reception offices must be located at designated ports of entry to facilitate immediate assessment of asylum claims and limit the ability of asylum seekers still awaiting the outcome of their applications to compete with impoverished communities for resources.
Merit-based Economic Pathway to Citizenship
Introduction of a Points Based System. Applicants will be assessed based on: Skills and qualifications; economic contribution (investment); and Social contribution.
Non-Economic Pathways to Citizenship
A structured and risk-based approach for non-economic PR holders such as spouses, children and refugees will be adopted. This will include a five (5) continuous residence in the country following the attainment of a PR status.
Granting of Citizenship Based on Statelessness (children)
This provision caters for a child born in South Africa who has not taken up any nationality or whose citizenship cannot be determined, to be eligible to apply for South African citizenship, subject to a formal statelessness determination process. This will amend section 4(3) of the Citizenship Act which applies to all kids who were born in SA, and whose birth was legally registered.
Citizenship pathways for exceptional cases
Citizenship may be granted under exceptional circumstances, including but not limited to: strategic national interest; exceptional economic contribution; humanitarian considerations; or security and special services.
Establishment of the Citizenship Advisory Panel (CAP)
The CAP shall be responsible for: reviewing and assessing applications for citizenship; conducting due diligence and risk assessments to ensure that applicants meet the defined criteria; and providing formal recommendations to the Minister of Home Affairs for final approval or rejection.
Loss and Restoration of Citizenship
Makes provision for the loss and restoration of South African Citizenship. A citizen by birth may not lose or be deprived of citizenship unless they choose to renounce it. however, a naturalised citizen may lose citizenship without the option to restore it.
Intelligent Population Register (IPR) and Digital ID
The DHA intends to upgrade and invest in the National Population Register (NPR) to become an IPR that contains biometric data for every person in the country and to lay the foundation for Digital ID
Universal registration of birth
The policy proposes that all births must be registered immediately after birth regardless of the status, age, sex and gender of the parents, and that the biometrics of all children be captured at birth, or biometrics of a parent be linked with the birth certificate. However, birth registration does not automatically confer South African citizenship
Registration of birth by fathers in the absence of mothers
The only scientifically verifiable means of testing the paternal relationship between a child and father is the paternity test. Therefore, registration of birth by fathers, in the absence of mothers, may be subjected to a paternity test in the event that there is no circumstantial evidence that prove the existence of a paternal relationship.
Registration of birth by fathers in the absence of mothers
The only scientifically verifiable means of testing the paternal relationship between a child and father is the paternity test. Therefore, registration of birth by fathers, in the absence of mothers, may be subjected to a paternity test in the event that there is no circumstantial evidence that prove the existence of a paternal relationship.
Registration of birth by fathers in the absence of mothers
The only scientifically verifiable means of testing the paternal relationship between a child and father is the paternity test. Therefore, registration of birth by fathers, in the absence of mothers, may be subjected to a paternity test in the event that there is no circumstantial evidence that prove the existence of a paternal relationship.
Death registration and certification
Death registration is the sole responsibility of the Department of Home Affairs and burial without death registration may be regarded as a concealment of death which is a criminal offence.
Death certification is a scientific process that must be executed by health professionals who are trained to perform such a critical function.
Death certification in households: This practice, which occurs mostly in rural areas, may not be conducted by a traditional leader or local leaders in the absence of a designated law enforcement officer or health practitioner.
Visitor’s visa policy reforms
The Department will issue a renewable visitor’s visa for a period that will be determined by the Minister through the regulations. The visitor’s visa will not enable foreigners to work, study or to conduct business. However, work may be allowed if the the employer is a foreigner while the person is in the country; this includes the newly introduced remote work visa, etc.
Investment visa policy reforms
Start-up visa was introduced in 2024 through regulations – Currently, a visa waiver may be applied for in instances where the applicant does not have the minimum capital investment. A start-up visa will be introduced as a stand-alone visa in the new legislation.
Business visas – The business visa will be converted to an investment visa and the required capital investment will be gazetted on a regular basis by the Minister, after consultation with the Minister of Trade, Industry and Competition.
Retirement and high net worth visas
Retirement Visa – The retired person’s visa must be retained with a new age limit (at least 55 years), and increased retirement annuity in accordance with cost of living in South Africa.
Networth Visa – The financially independent permanent residence permit will be replaced with a investment-based financially independent residence visa, which will be issued on condition that a prescribed portion is invested in the country.
Introduction of a Points-Based System (PBS)
The points-based visa system is a structured framework introduced by the DHA with support from Operation Vulindlela to assess and select candidates for immigration based on predefined criteria. The PBS will remain fundamentally important to the success of the skilled worker and investment visas
Work visa policy reforms
Introduction of a skilled worker visa. This visa will provide a legal employment-based pathway that spans across skill levels and that crosses the temporary-to-permanent divide. This will replace the current General work visa and the crtitial skills visa. Visas for jobs that are truly short term and seasonal in nature, such as the corporate visa, will be replaced by a sectoral visa which will provide a legal framework for the recruitment of low skilled migrants.
Intra-company visa will be retained, because it facilitates multinational companies’ ability to move staff across borders in order to support operations.
Family-based visa policy reforms
A relative’s visa may only be issued to children, parents and spouses of PR holders and citizens.The new legislation will combine section 18(1) and 11(6) of the Immigration Act. This will enable the relative’s visa holder (spouse) to work, conduct business and study.
Sports and Arts visa policy reforms
The Sports and Arts Visa will be introduced to accommodate foreign performing artists, athletes, coaches, and sports industry professionals seeking residence in South Africa for training, competitions, or professional engagements.
New Approach for granting of Permanent Residence
Quota and window-period for PR Applications – A quota and window period-based system will be introduced to regulate the number of PR approvals annually, aligning immigration with national capacity, labour market demands, and socio-economic objectives. Granting of PR will no longer be contingent on the number of years spent in South Africa, but rather on a merit-based points system.
Digitalisation of the immigration system and processes
Digital Transformation of the Visa Application System through the Electronic Traveller Authorisation (ETA) system is underway. The DHA shall digitally transform the visa application process by implementing an automated online system to enhance efficiency, transparency, and security for all visa applications.
Re-introduction of Immigration Practitioners
Immigration should re-introduce the principle of being a protected industry by only allowing Immigration Practitioners, Attorneys as well as Advocates to act on behalf of clients.
Re-introduction of administrative fines
Re-Introduction of Administrative fines for overstayers – this will create a clear consequence for non-compliance without blocking future travel unnecessarily and importantly, it will generate income for the BMA while reducing the administrative burden
Introduction of Specialised Immigration Courts
The DHA recognises the need for a dedicated judicial mechanism to handle immigration-related disputes, appeals, and administrative reviews expeditiously and effectively.