Market intelligence for international student recruitment from ICEF
29th Nov 2016

South African court case settled: English students now eligible for study visas

The South African government will now issue study visas of up to 18 months for English as a Foreign Language students enrolled with recognised English Language Training (ELT) providers. The announcement resolves a dilemma that the country’s ELT sector has struggled with since mid-2014. Changes to the Immigration Act, which came into force in May of that year, did not provide a clear mechanism for the formal recognition of ELT providers as “learning institutions”. This led to a situation where study permits (that is, study visas) were no longer being issued for students enrolled at English language schools in South Africa. The country’s peak ELT body, Education South Africa (EduSA), has been working in the years since to resolve the roadblocks set up by the amended legislation. However, enrolment had fallen off sharply during those years, with student numbers dropping 37% between 2014 and 2015 and student weeks down by 22%. By July 2016, the association felt it had exhausted its options via political and bureaucratic channels, and at that point EduSA took the extraordinary action of bringing a legal action against the South African government. That lawsuit led in turn to an 8 November court hearing, and subsequently to what EduSA terms as an “amicable settlement” with the two government ministries involved: the Department of Home Affairs and the Department of Higher Education and Training. Under the terms of the settlement announced this month, students admitted to or enrolled with the 22 EduSA member-schools will be eligible to receive a study permit for up to 18 months. Those study permits will be awarded through a Ministerial exemption and as a special dispensation exclusively for students at EduSA schools. The settlement also provides that EduSA members will now apply for provisional registration as “learning institutions” under South African immigration legislation and with the goal of developing a clear path to government accreditation for ELT providers in South Africa. However that process unfolds, the Ministerial exemptions for EduSA students will remain in place throughout. “The special dispensation is valid for the full duration of the accreditation process until such time that EduSA members meet the ‘learning institute’ definition requirements,” confirms EduSA Chairman Johannes Kraus. “The Department of Higher Education and Training has very kindly undertaken to assist us with registering an appropriate qualification that matches the way our industry works, essentially kick-starting a process of formalising the EFL industry in South Africa. This is tremendous news for our organisation, and we look forward to working with our partners in government over the coming months." In a related development, Stefanie de Saude, the immigration law specialist acting for EduSA in its lawsuit, highlighted that South African immigration officials confirmed in their answering affidavit that foreigners studying at [legitimate] institutions not falling within the definition of “learning institutions” and who accordingly do not qualify for study visas, may study on a visitor visa issued in terms of section 11(1) of the Immigration Act. “This is the first time that clarity has been issued with regards to students studying on visitor visas, allowing South African embassies and consulates around the world to issue the respective visas more consistently,” added Ms de Saude. “This will significantly ease the entry of foreign students into our country.” For additional background on South Africa’s ELT sector, please see:

Most Recent

  • US institutions bracing for a challenging enrolment outlook for 2025/26 Read More
  • How the UK’s Agent Quality Framework will shape the future of agent training Read More
  • Dutch government walks back controversial measures to constrain English-taught degrees Read More

Most Popular

  • Which countries will contribute the most to global student mobility in 2030? Read More
  • Research shows link between study abroad and poverty alleviation  Read More
  • Beyond the Big Four: How demand for study abroad is shifting to destinations in Asia and Europe Read More

Because you found this article interesting

US institutions bracing for a challenging enrolment outlook for 2025/26 The Institute of International Education’s (IIE) twice-yearly snapshot surveys are always required reading for international educators. That is...
Read more
How the UK’s Agent Quality Framework will shape the future of agent training This article was originally published in the ICEF Academy Knowledge Hub and is reproduced here with permission. International...
Read more
Dutch government walks back controversial measures to constrain English-taught degrees In a 3 July 2025 letter to the Dutch parliament, Education Minister Eppo Bruins explained that the government...
Read more
New Zealand announces strong foreign enrolment growth along with a new international education strategy Following a post-pandemic surge in 2023, Education New Zealand (ENZ) announced this week that the country’s international student...
Read more
US issues corrected student visa data showing growth for 2024 while current trends point to an enrolment decline for 2025/26 In April 2025, we reported that foreign enrolments in the US had declined by -11% between March 2024...
Read more
Survey finds US institutions expanding agency engagement and focusing on new student markets AIRC (The Association of International Enrollment Management) and BONARD have just released a second edition of the State...
Read more
Canada’s language sector buffeted by policy changes in 2024 Amid reports of mounting job losses and programme cuts across Canadian education, the country’s language education providers are...
Read more
Canada: List of non-degree college programmes linked to post-study work rights has changed The Canadian government is continuing its policy of linking eligibility for a post-study work permit (PGWP) – at...
Read more
What are you looking for?
Quick Links