Section 31(2)(c) waivers · exceptional circumstances
Waivers & Exemptions – When the Standard Rules Don’t Fit
Sometimes a requirement simply cannot be met – a document that cannot be obtained, or a rule that would force you to leave the country to apply. The Immigration Act allows the Minister to waive prescribed requirements for good cause. We build the motivation that shows why your case qualifies.
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- Expert consultationhonest, in-depth assessment
- Open 7 days08:00 – 18:00, incl. weekends
- Since 200420+ years of casework
- Glen Marais basedKempton Park, near OR Tambo
Quick answer
What is a Section 31(2)(c) waiver?
Section 31(2)(c) of the Immigration Act allows the Minister of Home Affairs, for good cause, to waive any prescribed requirement or form. It is used when an applicant genuinely cannot meet a specific requirement – for example, a document that cannot be obtained from a home country. A related application is the exceptional circumstances request that allows certain visa holders to change status from inside South Africa. Both succeed or fail on the quality of the motivation and evidence.
Call 073 283 7916, WhatsApp 072 561 3097, or email [email protected].
- Service
- Waivers & exemptions
- Legal basis
- Section 31(2)(c), Immigration Act
- Decided by
- Minister / Home Affairs
- Key to success
- Good cause, well evidenced
- Our fee
- Quoted per case after your consultation
- Hours
- Mon–Sun 08:00–18:00
01Waiver types
Waivers and exemptions we prepare
01
Document requirement waivers
When a certificate or record cannot be obtained despite genuine efforts.
02
Change of status inside SA
Exceptional-circumstance applications for visitor's visa holders who cannot reasonably leave to apply.
03
Other prescribed requirements
Specific regulatory requirements that cannot be met for good cause.
04
Waivers linked to appeals
Where a waiver is the key to overcoming a previous refusal.
02Evidence
What makes a waiver application convincing
Waiver evidence pack
Built around your facts- Detailed motivation letterRequiredExplaining the requirement, why it cannot be met and why waiver is fair
- Proof of genuine attemptsRequiredEmails, receipts and letters showing you tried to comply
- Supporting affidavitsIf applicableFrom you and, where useful, third parties
- Medical, family or employer lettersIf applicableEvidence of the circumstances relied on
- The underlying visa applicationRequiredWaivers are usually lodged with or before the main application
Requirements are set by the Immigration Regulations and Home Affairs and can change. We confirm the current list for your exact category at your consultation.
03Common scenarios
Situations where clients need a waiver
Police clearance unobtainable
A home country that will not or cannot issue a clearance in a reasonable time.
Medical or family emergency
Serious illness or a family crisis that makes leaving South Africa to apply unreasonable.
Visitor needing a different visa
A visitor's visa holder who now qualifies for a spousal, work or study visa.
Records lost or destroyed
Civil records lost through conflict, disaster or administrative failure.
04Fees
What does a waiver application cost?
No fixed packages – fees reflect the real complexity of your matter, and you always know the cost before you commit.
There is no fixed price list on this site on purpose. The work behind a waiver application depends on your category, your family, your paperwork and your history in South Africa, so a one-size price would either overcharge simple cases or under-prepare complex ones.
Your consultation is a paid, in-depth session with an experienced consultant – not a sales call. The consultation fee is confirmed when you book, before anything is charged, and you leave with real answers whether or not you go ahead with us. If you want us to handle the application, that work is quoted in writing before it starts. Government (Department of Home Affairs) and VFS Global fees are separate, set by them and paid directly.
Not sure you need a consultation? WhatsApp a short question to 072 561 3097 and we will tell you honestly whether you do. If a simple renewal is all you need, we will say so.
What your consultation gives you
- A full review of your documents and immigration history
- The exact visa or permit route we recommend, and why
- A personalised document checklist you keep
- Honest risks and realistic timelines – stated up front
- A written quote for any application work, with no obligation
What shapes the fee for your case?
Visa category
A visitor's visa extension is far simpler than a business visa or permanent residence.
Number of applicants
Spouses, children and dependants each need their own documents and forms.
Document readiness
Whether certificates, clearances, translations and apostilles are already in hand.
Case history
Previous refusals, overstays, undesirable status or a change of status add work.
Urgency
Tight deadlines – such as a 10-working-day appeal window – need priority handling.
Independent consultancy. Immigration Galore SA CC is a private immigration consultancy. We are not the Department of Home Affairs or VFS Global. Decisions are made by Home Affairs, and no consultant can lawfully guarantee an outcome – what we guarantee is a complete, correct and well-motivated application.
05How it works
From first question to final outcome in 5 steps
One consultant guides your case from the first conversation to the decision letter.
Book your consultation
Call, WhatsApp or send the form to book. In your consultation we review your full situation and documents, and tell you honestly which visa or permit route fits – and whether you qualify.
Written route & document list
You get a personalised checklist for your exact category, with notes on certificates, translations, clearances and the order to collect them in.
Fee agreed before work starts
Because no two cases are the same, we quote your professional fee in writing once we understand the complexity. Government and VFS fees are shown separately.
Pack prepared & checked
We draft motivation letters and forms, check every page against the Immigration Regulations and book your VFS Global appointment.
Submit, track & follow up
We track the application with VFS and Home Affairs, answer requests for more information and explain the outcome – including next steps if you need to appeal.
06Why Immigration Galore
Why families and employers choose Immigration Galore
Immigration is too important for guesswork. This is what working with us looks like.
Since 2004
More than 20 years of South African immigration casework – through every major change to the Immigration Act and Regulations.
An honest assessment first
If you do not qualify yet, we tell you plainly – before you spend money on an application – and show you what would change the answer.
Checked before it reaches VFS
Most refusals come from missing, expired or wrong documents. Every page is checked against the current requirements before submission.
Open 7 days a week
We are available Mon–Sun 08:00–18:00, including weekends, so you can consult without taking leave from work.
One consultant, start to finish
The person who assesses your case is the person who prepares it and follows it up. You never have to repeat your story.
Local in Glen Marais
Based in Kempton Park, minutes from the R21 and OR Tambo, with clients across Gauteng and the rest of South Africa.
07Related services
Clients who ask about this often need these too
Immigration routes connect. These are the services most often combined with this one.
AppealsAppeals & Reviews
Visa or permit refused? Section 8 appeals to the Director-General and the Minister, drafted against the exact refusal reasons.
- Refusal letter analysed
- 10-working-day deadline managed
- Undesirable status upliftment
ApplicationsVisa & Permit Applications
Complete, checked application packs for any South African visa or permit, prepared and tracked for you.
- Document checklist & review
- VFS appointment booking
- Tracking until outcome
Temporary residenceTemporary Residence Visas
Every Section 11–22 temporary visa: visitor, spousal, study, work, business, medical, retired and more.
- New applications & renewals
- Change of status inside SA
- VFS submission support
RefugeeRefugee Permit Kempton Park
Guidance on asylum and refugee documents, renewals, appeals and the road to permanent residence for refugees.
- Plain-language process guidance
- Section 27(d) PR for refugees
- Status change advice
08Service area
Immigration help across Kempton Park, Ekurhuleni, Johannesburg and South Africa
Immigration Galore works from Glen Marais in Kempton Park, a few minutes from the R21 and R25 and about 15 minutes from OR Tambo International Airport. Clients meet us in person by appointment, or handle the whole process by phone, WhatsApp and email – which is how we assist people in Cape Town, Durban and abroad.
Getting to us
- R21 and R25 – a few minutes from our office
- OR Tambo International Airport – about 15 minutes
- Kempton Park CBD and Kempton Park Home Affairs – about 10 minutes
- Benoni, Boksburg, Germiston and Midrand – 20 to 30 minutes
Areas we serve
- Glen Marais
- Birchleigh
- Norkem Park
- Edleen
- Bonaero Park
- Aston Manor
- Rhodesfield
- Van Riebeeck Park
- Kempton Park CBD
- Isando
- Tembisa
- Midrand
- Edenvale
- Bedfordview
- Germiston
- Boksburg
- Benoni
- Brakpan
- Springs
- Alberton
- Sandton
- Randburg
- Fourways
- Rosebank
- Johannesburg CBD
- Centurion
- Pretoria
Outside Gauteng? Most of our work can be done by phone, WhatsApp and email – call 073 283 7916 to confirm.
09FAQs
Waiver FAQs
Straight answers to the questions our clients ask most.
What is a waiver in South African immigration?
A waiver is a request that the Minister of Home Affairs excuse a prescribed requirement for good cause, under Section 31(2)(c) of the Immigration Act.
Can I change from a visitor's visa to another visa inside South Africa?
Generally visitor's visa holders must apply from outside South Africa, but an application based on exceptional circumstances can be made in limited cases. We assess whether your situation qualifies.
What counts as good cause?
There is no fixed list. Strong cases show that the requirement genuinely cannot be met, that genuine efforts were made, and that waiving it is fair in the circumstances.
How long does a waiver take?
Waiver decisions can take several months because they are considered individually. Plan ahead and keep your current visa valid where possible.
Can a refused waiver be appealed?
Yes, appeal and review options exist, and a refused waiver can sometimes be addressed in a fresh, better-motivated application.
Will a waiver fix an overstay?
An overstay is usually dealt with through an undesirable status upliftment application under Section 30, not a Section 31 waiver. See our appeals service.
Do I still need to submit the main visa application?
Yes. The waiver removes or excuses a requirement; the main visa application must still be submitted and approved.
What does a waiver application cost?
Waivers are complex and fact-specific, so our fee is quoted per case after your consultation.
10Consultation
Book your immigration consultation
Tell us where you stand and what you need. A consultant replies within one business day – usually the same day – with the recommended next step and the consultation fee for your matter. No obligation to book. Prefer to talk? Call 073 283 7916.
Consulting hours
- Monday08:00 – 18:00
- Tuesday08:00 – 18:00
- Wednesday08:00 – 18:00
- Thursday08:00 – 18:00
- Friday08:00 – 18:00
- Saturday08:00 – 18:00
- Sunday08:00 – 18:00
South African time (SAST). Office visits by appointment.
Find Immigration Galore in Glen Marais, Kempton Park
Glen Marais, Kempton Park, 1619 – in north Kempton Park, close to the R21 and R25 and about 15 minutes from OR Tambo International Airport. Office consultations are by appointment.
Mon–Sun 08:00–18:00 · 7 days a week