THE CONSEQUENCES OF OVERSTAYING YOUR VISA
SA Migration - 16-03-2022
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.
WHAT CAN I DO IF I RECEIVE 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,
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
how can i avoid receiving a ban?
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.
My ban has finished - can i return
to south africa?
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.
HAS THE COVID-19 PANDEMIC IMPACTED
THIS?
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 reliable information on the Covid-19 virus,
visit
www.samigration.com
