Home Affairs report flags permit system flaws, fraud

Home Affairs report flags permit system flaws, fraud

Cape Times 20 Jul 2022

Cape Town - The matter of Self-styled “Prophet” Shepherd Bushiri and pastor Tim Omotoso, whose documents in South Africa were found to have been attained irregularly, is what sent Home Affairs Minister Aaron Motsoaledi on a mission to discover the truth behind the flaws in the system that enabled it.

This came to light on Tuesday as Motsoaledi briefed the portfolio committee on a report which reviewed permits issued by the Department of Home Affairs.

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He had established a ministerial committee last year to review the issuing of permanent residence permits, corporate visas, business visas, critical skills visas, study visas and retired persons’ visas and citizenship by naturalisation between the period October 12, 2004 and December 2020.

However, because the records from 2004 to 2014 were still manual, the review was done for the period 2014 until 2021.

The committee set out to find irregular patterns in the issuing of permits and make recommendations in instances of fraud, among others.

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“The issue of the escape of pastor Bushiri during that period, we discovered he was a permanent resident of South Africa.

“We further discovered the permanent residence him and his family got were not in terms of laws of the country, they were approved and obtained irregularly.

“This was worrying. After that we learned there’s another pastor in the Eastern Cape who is being charged in court, Omotoso, for alleging raping a congregant.

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“I also learned his documents to be in South Africa were obtained irregularly. My next question was, who else?” Motsoaledi asked.

Some of the key findings presented pointed to legacy systems which were not yet modernised.

Dr Cassius Lubisi, a member of the committee presented the findings which included: “The system is not advanced enough to flag anomalies pro-actively. People also work in silos with their own systems that do not talk to other Home Affairs systems. Unscrupulous officials were also found, who had created fake users on the system along with deliberate by-passing of controls to manipulate visa applications.”

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He said the Counter-Corruption Unit reported that 66% of the cases it had investigated involved the issuing of permits.

While the unit's work was ongoing, 14 members of the permitting department signed a petition demanding the unit should cease investigating their errors.

The review had been assisted by a number of whistle-blowers who came forward describing criminal modes of operation.

Lubisi said internal and external actors who manipulated the system had been identified.

Further findings highlighted that 34% of all critical skills visa approvals since 2014 till 2021 were for Zimbabwean nationals.

In terms of study visas, 23% of all study visa approvals were for Zimbabwean nationals, while 11% of all approvals were from Nigeria and 10% from Congo.

In terms of retired persons permits, a spike was detected in 2018, however, the reasons for the spike were not clear, he said.

“The highest increase involved Bangladeshi, Pakistani, Nigerian and Indian nationals.

“78% applied for retirement before the age of 55 and 53% of these applications were eventually approved,” said Lubisi.

In terms of naturalisation, some applicants were also approved before the five year period.

Recommendations included establishing a multidisciplinary investigating task team, technology approaches to resolve system and data security challenges and a review of legislation and regulations.

www,samigration.com

 

 


Countries Offering Digital Nomad Visas

Countries Offering Digital Nomad Visas

Investopedia – 20 July 2022

 

Just 24 regions offer an avenue for ‘workationing’ abroad

The world has changed substantially thanks to the COVID-19 pandemic. Nowhere is this more evident than in the travel and tourism industry and the workforce.

Economic losses continue to mount in tourism-dependent countries as people remain reluctant to travel.1 And employers now allow their staff to operate outside the office—something most companies see for the foreseeable future to help keep their employees safe.2

These two needs—tourist destinations seeking to attract visitors, while minimizing the risk of outbreaks, and workers looking for a break from their home workspaces—are both being met by countries offering what is known as the digital nomad visa.

Key Takeaways

  • A digital nomad is a person who lives a nomadic lifestyle and uses technology to work remotely from outside their home country.
  • Digital nomad visas allow these individuals to legally live and work in another country.
  • These visas are available to students and workers, although the costs and requirements tend to vary.
  • Many offering countries allow individuals to apply for themselves as well as for dependents.
  • Although a digital nomad lifestyle allows you to have a long vacation while you work, it can be stressful and may hinder the formation of long-lasting relationships.

What Is a Digital Nomad Visa?

A digital nomad is someone who lives a nomadic lifestyle and uses technology to work remotely from outside their home country. A digital nomad visa is a document or program that gives someone the legal right to work remotely while residing away from their country of permanent residence.

The phrase digital nomad visa often isn’t used by the governments that issue them, with most regions giving their programs a unique name, such as the Cayman Islands’ Global Citizen Concierge Program, or using more general terms like residence permit.3 Keep in mind, though, that these visas may not explicitly target digital nomads.

Workers and students are able to use digital nomad visas, although the costs and requirements may vary. For example, the Work From Bermuda Certificate requires scholars to provide proof of enrollment in an undergraduate, graduate, doctoral, or research program with their application.4

Some countries actually allow employers to apply for a digital nomad visa for their company. Dominica’s program charges $800 (in U.S. dollars) plus an additional $500 for each employee for a business of four or more people.5

The information provided in this article focuses on digital nomad visas solely in the context of remote workers—not those who want to study abroad or for those who are in search of a lengthy corporate retreat.

Digital Nomads vs. Remote Workers

Although the term remote worker has become increasingly common, it isn’t perfectly synonymous with being a digital nomad. All digital nomads are, by necessity, remote workers. Yet the latter term can also apply to those who simply operate from their permanent residence instead of from an office. Laws differ, but entering a country as a tourist generally doesn’t permit the traveler to work while living there.

Working remotely (in your home country) wasn't as popular as it is today. That's because many employers felt that their employees wouldn't be productive if they worked away from the office. Those who needed to work from home were given special permission for certain reasons, such as family or a lack of workplace accommodations.

But telecommuting has become very common, especially during the COVID-19 pandemic. Many companies now believe that working from home can actually increase productivity. Some research indicates that people who work from home end up working 1.4 days more than in-office workers.6

Individual countries may require additional requirements because of the COVID-19 pandemic. Be sure to do your research before you apply.

Advantages and Disadvantages of Digital Nomads


It’s crucial for anyone considering working abroad to review and follow whatever is requested by their temporary residence of choice. While there are certain benefits, there are some downfalls to working on a digital nomad visa.

Advantages

The obvious benefit of these programs is that you can enjoy a long vacation while maintaining a stable source of income without putting your career on hold. Most regions that offer digital nomad visas already have the infrastructure necessary to support remote workers, such as strong wifi as a selling feature. For instance, Anguilla has two telecommunications network providers that offer high-speed internet.7

The remote nature and quick government responses of some of the regions (particularly the islands) make them practically safe havens from the COVID-19 virus. Not surprisingly, these destinations commonly have strict guidelines for incoming travelers. For example, anyone arriving in Curaçao (which is considered a low-risk country) from a high-risk area must undergo a PCR test within 72 hours prior to departure.8

Disadvantages

Being a digital nomad requires a job that’s remote and flexible. This is especially important when it comes to logging in hours when there's a time difference. Although these kinds of jobs have become more common in the wake of the pandemic, this may be a guaranteed deal-breaker for some companies and workers.

Moving around frequently from one country to another can be stressful, especially when you consider the rapid spread of the Delta virus. It can also be expensive. That’s not even accounting for the cost of the visa itself. And if the application for your next destination is rejected, you could be left scrambling to find a new place to live before you’re forced to leave once your current visa expires.

Moving around can also make it harder to form long-lasting relationships, while the constant distance can also put a strain on existing ones. Unless a country offers you permanent residency when your temporary visa expires, there’s little point in putting down roots where you won’t be living after a year or so. And although this lack of ties can definitely be seen as a plus to those who value their independence, anyone thinking about a lengthy period abroad should carefully consider how isolating it might be.

Pros

  • Long vacation with a stable source of income
  • Available infrastructure and resources
  • Some destinations are safe havens from COVID-19

Cons

  • Job must be remote and may require flexibility
  • Stress associated with constant moving
  • Expensive
  • Harder to plant roots and form long-lasting relationships

Who Offers Digital Nomad Visas?

There were 24 regions offering programs for temporary remote workers as of July 2021. Although the majority of these are countries, four are British Overseas Territories. Our research also finds that a few countries, such as Romania, announced that they are working on digital nomad programs. Approvals in these regions will be added to this list at a later date.9

Anguilla

The Beyond Extraordinary Anguilla program allows digital nomads to reside in the British Overseas Territory for up to 12 months. If you want to work remotely from the island, you'll need to pay a $2,000 USD (per individual) travel fee, though families of up to four people will be on the hook for $3,000 USD (plus an additional $250 USD for each additional family member).7

Prospective travelers need to complete an application form, in addition to submitting several other documents (proof of employment, copy of a birth certificate, etc.). Approval for the remote work program takes approximately 14 days. Those approved must provide proof of a negative COVID-19 test before they travel.7

Antigua & Barbuda

Nomad Digital Residence is a long-stay program offered by both islands for remote workers. The visa is good for two years and costs $1,500 USD per individual, while couples and families of three or more must pay $2,000 USD and $3,000 USD, respectively. Applicants must fill out the application and submit up to 11 documents, including proof of expected income of at least $50,000 USD for each year of the program.10

The Bahamas

The Bahamas Extended Access Travel Stay allows digital nomads to work remotely for one year from any of 16 islands.11 An application requires a $25 USD fee, a valid passport data page, a medical insurance card, and proof of employment. The application typically takes just five days to process. Approved applicants must pay $1,000 USD (plus $500 USD for each dependent) to receive their Work Remotely permit.12

Barbados

The Barbados Welcome Stamp established a visa that allows visitors to work remotely for up to one year. The application fee is $2,000 USD for individuals and $3,000 USD for families. The application must be accompanied by a passport-sized photograph, the bio data page of a passport, and proof of relationship of dependents (if applicable). Applicants must also prove that they will earn $50,000 USD during their 12-month stay.13

Bermuda

The Work From Bermuda Certificate permits digital nomads to work remotely for 12 months. The $263 USD application fee must be accompanied by health insurance and proof of employment. Applicants cannot have a criminal record. Although there isn't a minimum requirement, applicants must have enough income to support themselves for the full year. Family members will also need to pay a fee and apply separately, but all applications must be submitted on the same day. The turnaround time is approximately five business days.4

Cabo Verde

The Cabo Verde Remote Working Program is available to remote workers originating from Europe, North America, the Community of Portuguese Speaking Countries (CPLP), and the Economic Community of West African States (CEDEAO).14

Applicants must:

  • Have a minimum bank account balance of €1,500 (1,500 euros) for individuals and €2,700 for families for at least the last six months
  • Submit five documents with the application, including a passport and health insurance
  • Provide 10 documents to border authorities in person after arriving at one of the 10 islands, though there is some overlap between the two sets of documents

Processing time can take roughly two weeks. The visa is valid for six months and can be renewed for another 12 months.15

Cayman Islands

The Global Citizen Concierge Program targets wealthier remote workers. Minimum annual salary requirements are:

  • $100,000 USD for singles
  • $150,000 USD for couples
  • $180,000 USD for families16

These minimums are on top of the annual certificate fee of $1,469 USD for a party of up to two people, plus another annual certificate fee of $500 USD for each dependent. Then there’s a credit card processing fee equal to 7% of the total application fee.3

Those who can meet this high entry barrier can work remotely from any of the three islands for two years.3 Additional application requirements include, but are not limited to, a notarized bank reference, a valid passport, and proof of health insurance.16

Costa Rica

This Central American country’s temporary residency visa, also known as Rentista, offers a two-year remote work opportunity.17

Prospective visitors are required to have a monthly income of $2,500 USD. That amount may increase if there are more dependents involved.17

Other requirements include, but are not limited to, the payment of fees, fingerprint records, and a copy of the prospective visa holder’s birth certificate. The permit can be renewed as long as all requirements are still being met.17

Croatia

Croatia doesn't offer a visa but its program still targets digital nomads. Temporary stay is available for an individual and their close family members for up to one year, without the possibility of extension. You can submit a new application for six months, though.18

Prospective visitors must submit several documents with their application, including Form 1a if filing in person. Applicants must prove an income of 17,822.50 kunas (HRK), per month or 213,870.00 HRK for the full year. That's about $2,377.47 USD and $28,529.76 USD, respectively. These amounts increase by 10% per family member.18

Applicants are responsible for a fee of 350 HRK ($46.69 USD) to 460 HRK ($61.36 USD), depending on the method of application.18

Curaçao

This Dutch Caribbean island offers the @HOME in Curaçao program. Available to remote workers for six months, residency can be extended for an additional six-month period.19

Outside of a $294 total for fees, the application also requires a copy of a passport photo, proof of solvency, and proof of health insurance. Processing time is approximately two weeks.19

All applicants must file individually. Families may also apply for the program, but they must do so under the main applicant. An additional fee applies to any dependents.19

Czech Republic

The Czech Republic’s freelancer visa, Zivno, is a bit trickier to acquire than most on this list. This program requires a variable fee, proof of a minimum income of 124,500 koruna (CZK)—about $5,121.62 USD—and documents like a passport, proof of accommodation, criminal record, etc.20

Applicants must also receive a trade license for one of the jobs on this list before they apply. That means juggling remote work with a local career, albeit a temporary one. Applicants will also be required to pass an immigration interview. The visa lasts for one year, and being approved can take 90–120 days.20

Dominica

Dominica, also known as the Nature Island of the Caribbean, provides an 18-month Work In Nature Extended Stay Visa for digital nomads.21 Applicants must present proof of expected income of $50,000 USD, in addition to paying a $100 USD application fee and either $800 USD single or $1,200 USD family visa fee.225

Several other documents, including the biodata page of a passport, a bank reference letter, and proof of health insurance, must also be submitted alongside the application.23 Approval letters are often sent within 14-28 days.24

Estonia

On Aug. 1, 2020, Estonia launched an official Digital Nomad Visa for remote workers to remain in the country for up to one year. Applicants need proof of a minimum of €3,504 in income and pay a state fee of €80 or €100 for a Type C (short stay) or Type D (long stay) visa, respectively.25

Additional requirements include having a valid travel document and health insurance. They must also pass a background check. Applications must be submitted in person at the nearest Estonian Embassy or Consulate, and the processing time is typically 15 to 30 days.

Georgia

The Remotely From Georgia program enables digital nomads and their families to work within the former Soviet state for one year.

The project is available to travelers from up to 95 countries, including the United States and European Union (EU) members. The list is essentially composed of all nations whose residents were able to visit Georgia without a visa for up to one year prior to the start of the pandemic.26

Applicants only need to submit an online application form and provide financial proof—the exact amount isn’t specified—along with any other requested information.26

Germany

Germany’s residence permit is granted to freelancers and other self-employed workers to reside within the country for three months, but this can be extended by up to three years.27

In addition to the visa application form and a €60 fee, digital nomads must submit photocopies of documents with their application, including, but not limited to:

  • A passport
  • Two biometric photographs
  • A cover letter
  • A portfolio of previous freelance work27

The application must be submitted in person to the nearest German Embassy or Consulate. Before applying for the residence permit, prospective travelers must secure a German residence and register it with the local Residence Registration Office. They must open a German bank account, register with the Tax Registration Office, and secure German health care.27

Iceland

The long-term visa for remote workers program is available to digital nomads from any country that doesn’t require a visa to travel to Iceland and is not available to any that are part of the EU, the European Economic Area, and/or the European Free Trade Association.28

The visa can be issued for up to 180 days, as long as applicants can prove a monthly income equivalent to one million króna (ISK) or about $7,261.11 USD for singles or 1.3 million ISK (about $9,439.44 USD) for couples.29 Each applicant must submit a separate application and pay a 12,200 ISK ($88.59 USD) processing fee separately for each one.30

Applications will also require a passport photo (no older than six months), copies of a passport, proof of health insurance, proof of purpose of stay in Iceland, and potentially a criminal record check.28

All applications must be submitted in person or via mail to the Directorate of Immigration at Dalvegur 18, 201 Kópavogur.28

Malta

The Nomad Residence Permit allows digital nomads to work remotely within the archipelago for one year. It can be renewed but is available only to residents of countries outside of the EU.31

Family members of remote workers must apply via a separate application.32 Applicants must meet a gross monthly income threshold of €2,700, hold a valid travel document, have health insurance, acquire a valid property rental or purchase agreement, and pass a background check.33

Once the application and all required documents have been submitted via email, instructions will be sent to pay a €300 administrative fee for each applicant.34

Mauritius

The Premium Travel Visa offers one year of remote working abroad with the potential for renewal. The best part? The Premium Travel Visa is 100% free—no fees of any kind.35

Applicants still need to prove a minimum monthly income of $1,500 USD for each applicant as well as $500 USD per month for each dependent under the age of 24. Prospective travelers must submit multiple documents with their online application, such as a valid passport, proof of travel and health insurance, and a copy of their marriage certificate (if applicable).36

Applications are processed within 48 hours after they are submitted.37

Mexico

Mexico’s Temporary Resident Visa is unique in that it is targeted toward—but not restricted to—Canadians. Digital nomads can work remotely within Mexico for 180 days to four years.38

Prospective travelers must prove a monthly income of $2,720 CAD ($2,166.11 USD) or an average monthly bank balance of $45,334 CAD ($36,102.41 USD) during the previous 12 months—though the exact amounts can vary depending on the circumstances of their application. They must also include:

  • A passport or valid travel and identity document
  • A 3.9-centimeter × 3.1-centimeter headshot
  • A document indicating their legal migratory status in Canada (for anyone who isn't a Canadian citizen) along with their visa application form38

The Family Unity Application, which has its own documentation and economic solvency requirements, enables a digital nomad’s kin to join them abroad.38

The base consular fee for the application is $371 CAD ($284.67 USD), though this can increase if additional services are required.39

Montserrat

The Montserrat Remote Work Stamp is valid for one year of remote working. It requires proof of an annual income of $70,000 USD, and there’s a $500 USD fee for single travelers or a $750 USD fee for families of up to three dependents (plus a $250 USD fee for any additional dependents).40

Proof of valid health insurance, a copy of passport biographical data, a passport-size photo, a police record, and proof of employment or a business incorporation certificate are also required.40

Processing takes seven working days after the application is submitted.40

Norway

The Independent Contractor Visa provides two years of residency within Norway for remote workers. The visa costs €600 and requires proof of an annual income of at least €35,719.

The Norwegian Directorate of Immigration has an online checklist of required documentation, such as a passport, two passport-size photos, and proof of having a Norway residence. These must be turned in alongside the application and the completed checklist itself. Applications and all required documents must be submitted to the nearest Norwegian Embassy or Consulate.41

Portugal

Portugal offers a visa for independent workers that is valid for one year. It can be renewed twice, each time for an additional two years. The visa costs €83 and there’s also a resident permit fee of €72.42

In addition to the application form, prospective residents must provide a valid passport, two passport-size photos, valid travel insurance, proof of residence (if applicable), proof of sufficient income or a term of responsibility signed by a Portuguese citizen or resident, proof of owning a business entity (or a contract for providing services), and declaration by an authority that the applicant is qualified to be employed in their sector (if applicable).42

There is also a separate residence permit for family reunification purposes.42

Seychelles

The Seychelles Workcation program enables digital nomads to work remotely from any of the 115 islands that comprise the archipelago for as little as one month or as much as one year.43

There is a €45 fee, and prospective travelers must also provide a valid passport, proof of being an employee/business owner, proof of income (exact amount unspecified), and a valid medical and travel insurance policy with their application.43

Family members can also join an applicant as ordinary visitors, as long as they meet all requirements and submit birth and/or marriage certificates, whichever is appropriate.44

Taiwan

Taiwan is a unique case, in that the Taiwan Employment Gold Card isn’t technically a digital nomad visa. It’s a four-in-one card, combining an open-ended work permit, resident visa, alien resident certificate, and re-entry permit.45

The card allows workers (remote or otherwise) to reside in Taiwan for one to three years and costs $100 USD to $310 USD, depending on the applicant’s nationality and the duration of their stay.45

Applications typically take 30 days to receive approval, but this can increase to 50 to 60 days if additional documents are requested. Qualification is based on the assessment of an applicant’s professional skills; prospective travelers aren’t required to already have a job in Taiwan when applying.45

In addition to a passport and photo, digital nomads will need to provide additional documents, based on the skill applied under.46

www.samigration.com

 

 


Canada invites 1,500 new immigrants for permanent residency

Canada invites 1,500 new immigrants for permanent residency

Netbidy – 20 July 2022

The Canadian government has invited 1,500 new Express Entry candidates to apply for permanent residency. This is the first time Immigration, Refugees and Citizenship Canada (IRCC) is inviting candidates across all-programs since December 2020.

Also, Canadian Experience Class (CEC) candidates, which is the primary way for Canada’s large international student and foreign working population to gain residence were also included in this Express Entry draw.

Notably, an all-program Express Entry draw occurs when the IRCC considers all the candidates in the Express Entry pool for permanent residence based on their Comprehensive Ranking System (CRS) score. The all-program draw had been discontinued since 2020 due to movement restrictions placed by the government as a result of the COVID-19 pandemic.

However, the resumption of the all-program Express Entry draw means that immigrants from overseas are now eligible to be picked and invited to apply for permanent residency based on their CRS score. It is worth noting that the Comprehensive Ranking System (CRS) cut-off score for this draw was 557.

What they are saying

According to a statement by Canada’s Immigration Minister, Sean Frazer after the draw, “Today, I am pleased to announce that Express Entry draws have officially resumed, and applications will be processed at our 6-month processing standard. I want to thank the candidates from around the world for their patience, as we worked to reduce the backlog before resuming Express Entry draws. I look forward to welcoming skilled workers who will are essential in addressing Canada’s labour shortages.”

How Express Entry application works

  • Firstly, candidates need to confirm that they meet the criteria of at least one of the three Express Entry programs. That is, the Federal Skilled Worker Program (FSWP), Canadian Experience Class (CEC), and Federal Skilled Trades Program (FSTP). Click here to check.
  • If they meet the criteria, candidates can upload their Express Entry profile onto IRCC’s website.
  • Candidates receive a Comprehensive Ranking System score based on their human capital characteristics such as age, education, language skills, and work experience.
  • Approximately every two weeks, IRCC invites the highest-scoring candidates to apply for permanent residence.
  • Those invited for permanent residence have 60 days to submit their applications to IRCC. IRCC aims to process most applications within 6 months or less.

www.samigration.com

 

 

 


Home Affairs’ two on trial

Home Affairs’ two on trial

News24 - 20 July 2022

Two senior immigration officers attached to the Department of Home Affairs in Bloemfontein, who were arrested for bribery, have been granted bail of R5 000 each.

They were released after their appearance in the Bloemfontein Magistrate’s Court on Monday (11/07).

Dolly Goitsemang Sediti (38) and Leballo Maqalika (50) face charges of corruption. The pair was remanded in custody following their arrest by the Hawks’ Serious Corruption Investigation team in Bloemfontein.

The investigation into the case was launched in May.

Capt. Christopher Singo, spokesperson for the Hawks in the Free State, said an investigation into the alleged bribery had been launched after a foreign national blew the whistle.

“Information was received about the senior immigration officer of Home Affairs who demanded R6 000 from a foreign national for the release of his brother, who had been arrested for allegedly not having proper documents,” said Singo.

A sting operation was conducted on 26 May, culminating in the arrest of Maqalika.

“He was arrested after being found in possession of the said amount of cash paid by the victim,” said Singo.

“Further investigation discovered that Sediti was implicated in corrupt activities involving Maqalika.”

Singo said Sediti had handed herself over on 4 July, accompanied by her legal team.

He confirmed that the pair was expected to reappear in court soon.

www.samigration.com

 


THE CONSEQUENCES OF OVERSTAYING YOUR VISA

THE CONSEQUENCES OF OVERSTAYING YOUR VISA

Section 30(1)(h) of the Immigration Act of South Africa and Regulation 27(3) of the Immigration Regulations.
A person will be declared ‘undesirable’ and will receive a ban regardless of the reason for the
overstay. The ban applies to any person who has overstayed, adults and children. The ban and
being declared ‘undesirable’ also affects people who leave South Africa while their application for
a visa (or visa extension) is pending, if their current visa has expired.
what happens if i overstay my visa?
In 2014, the Department of Home Affairs introduced new immigration regulations, which
effectively 'ban' foreign nationals who overstay in the Republic from re-entering South Africa for
a set period of time.
The immigration laws in South Africa state that a person who overstays in the Republic after the
expiry of their visa will be declared as 'undesirable'. This person would receive a document,
confirming them to be an 'undesirable' person, when they exit South Africa. Their passport is also
stamped. The document 'bans' them from re-entering South Africa. The length of time that you
are banned for depends on how long you have overstayed your visa.
Persons who overstay their visa for a period of less than 30 days will be declared
‘undesirable’ and banned for a period of 12 months. This means that this person will not
be allowed to re-enter South Africa for 12 months.
Persons who overstay their visa by more than 30 days will be declared ‘undesirable’ and
banned for a period of 5 years. This means that this person will not be allowed to reenter
South Africa for the next five years.
If you hold a visa issued by the South African Department of Home Affairs, you must always check and
be aware of the visa expiry date. If you are staying in South Africa longer than the validity of your visa,
you must apply for a renewal of the visa 60 days before the visa expires, or you must leave the country
before the expiry date. Failure to do so has severe consequences. This is set out in South Africa's
Immigration Act.
You can avoid receiving a ban by lodging your visa renewal application 60 days before the expiry
of your current visa. If possible, we advise that you submit your application 90 days before your
visa expiry date so that the Department of Home Affairs has enough time to look into your
application. (You cannot submit the application six months before the expiry of the current visa,
however.) If your visa has expired and your application for extension is still pending, do not leave
South Africa unless travel is absolutely necessary. Contact a reputable immigration advisor or
attorney should you have to travel.
how can i avoid receiving a ban?
You are able to appeal a ban. The Immigration Act allows for people to lodge a formal appeal
request to the Department of Home Affairs if they have been declared ‘undesirable’ and received
a ban. The appeal must be submitted within ten working days of the day that you received the
ban. To submit an appeal, you must email your request to the Department of Home Affairs, at
overstayappeals@dha.gov.za, with the following documents:
Written representations/letter with clear reasons for overstay,
A copy of the document declaring you 'undesirable' (you would have received this at
the border upon leaving South Africa, and a stamp in your passport),
A copy of your passport: the information page and other relevant pages, such as
pages with your South African visa(s), stickers or stamps,
If you had applied for a visa extension, also include the acknowledgement of receipt
of that application,
A medical certificate if you overstayed due to medical reasons and
Any other relevant documents that support your written representations (including
documentary evidence proving your reasons for overstaying.
For confirmation that the appeal has been received, you should contact IMS Deportations on
+27 (0)12 406 4985.
WHAT CAN I DO IF I RECEIVE A BAN?
During the Covid-19 pandemic, the South African government implemented a nationwide
lockdown as well as a closure of its borders. This meant that many people were unable to return
to their country of origin before their visas expired.
The Department of Home Affairs issued Directions specifically for people whose visas expired
during the National State of Disaster, from 15 March 2020. These Directions state that if your visa
expired from 15 March 2020 and you remained in the Republic during the period of the national
state of disaster, you will not be declared an undesirable person and you should not receive a
ban when leaving the country up to and including 31 July 2020.
Any person who did receive a declaration of undesirability during this period, should have that
ban set aside. You should contact the email address provided above to clarify this situation and
ensure that any ban that may have been noted, is removed. For more information, and to
download the Directions, see: www.scalabrini.org.za/news/covid_info.
For reliable information on the Covid-19 virus, visit www.sacoronavirus.co.za.
HAS THE COVID-19 PANDEMIC IMPACTED THIS?
No You can only return to South Africa once you have applied to the South African Department of
Home Affairs for the ban to be lifted as it is not automatically removed from the system. You must
apply for the ban to be lifted. If you do not, you will be refused entry into South Africa at the Port
of Entry. You can make this application at the email address provided above. It is also advisable to
speak to your local South African consulate/embassy.
my ban has finished - can i return to south africa?
facebook.com/Scalabrini CT | info@scalabrini.org.za
www.samigration.com