What is the penalty for overstaying in South Africa on an expired Visa?

SA Migration | 05 Dec 2022

South Africa is a popular tourist destination for many tourists and many opt-ins to permanently move to South Africa to work or retire here. Our beautiful country has many popular destinations to see such as our landscape and wonderful games reserves and not to forget our world-class wines.

Tourists who travel from visa exempt countries for South Africa will receive a visa at the port of entry for 30 or 90 days. A tourist has the option to extend their visa for a further 30 or 90 days and must apply 60 days before their visa expires at VFS. A visa overstay is something you must avoid at all and exit the country before your visa expires.

Immigration Fines for Expired Visa

Table of Contents

o Immigration Fines for Expired Visa

• Penalties for Overstaying in South Africa with Expired Visas?

o Overstay Penalty from DHA Declared as Undesirable

o Submitting an Overstay Penalty Appeal

o How to Avoid an Overstay in South Africa & Apply for an Extension

o Sa Migration Can Assist you

A tourist who has overstayed (visa overstay) their 90 days in South Africa will face legal consequences and as such will be declared undesirable when they exit the country and not allowed to enter if they have not overturned the ban. Previously the Department of Home Affairs issued fines to the tourist for the overstay upon leaving the country and this could amount to anything between R2,500.00 to R3,000.00. The severity of the fines was based on how long you overstayed in South Africa. Today an overstay can lead to a legal ban and not a fine. The law has changed in 2014 and the new immigration law was implemented which scraped the fine system.

Previously a person could overstay their visa and be fined when they exit South Africa. The person then had to go to the South African embassy in their country of residence and pay the fine along with the necessary documents such as their passport, the fine document stating the amount and their passport. The longer you remain in South Africa illegally, the longer the duration of the ban.

If you tried entering the country with a ban in place, immigration officials will refuse you entry and turn you away.

Penalties for Overstaying in South Africa with Expired Visas?

Today, the Department of Home Affairs no longer issues fines to an undesirable person for a visa overstay in South Africa. A new legal system has been implemented since the new immigration regulations have been implemented in 2014 which now declares any visitor who overstayed illegal and declared an undesirable person and not fined.

Overstay Penalty from DHA Declared as Undesirable

When the visitor exists in South Africa with an expired visa at a border, they will receive a legal letter from the visa official declaring them undesirable. The period of the ban depends on how long you overstayed and the circumstances.

• A person who has overstayed less than 30 days will receive a 12-month ban.

• A person who has overstayed more than 30 days will receive a 5-year ban.

No fines will be issued to any tourist. Instead a form 19 will be issued upon your departure with all the necessary information.

All South African visas have an expiry date, and it is the person’s responsibility to exit the Republic of South Africa before the visa expires and it’s not up to the government. If you would like to extend your stay in South Africa, then you have to apply for an extension to stay legally in the country. Sa Migration assists individuals who have been declared as undesirable with immigration services for South Africa and can appeal the status for you. You can contact us for more information.

Each case is assessed on a case-by-case basis and most of the time your appeal will be successful if you have a valid reason which would strengthen your case when your appeal is lodged at the Department of Home Affairs. You may have a positive assessment for one of the following cases:

1. You are a foreign student in South Africa and applied for a study visa.

2. You are employed in South Africa.

3. Overstayed due to medical conditions.

4. Application pending at the Department of Home Affairs for permanent residency or temporary visa application.

5. If you have family in SA such as relatives, spouse or dependents who are minors.

The Department of Home Affairs will take into consideration any previous visa overstay ban cases which will affect your application and possibly be denied. Once your application has been lodged with DHA, it is your responsibility to follow up with regard to your application. We recommend that you keep all email trails in a safe place should they not find your application and keep clear copies of your application that has been submitted to the overstay department.

Submitting an Overstay Penalty Appeal

The regulations make provision for any person who has been declared an undesirable person and been banned from the Republic of South Africa has the right to appeal the decision. Anyone can apply for an appeal to be overturned, so if you are not able to submit the application yourself, then you may ask family or friends in South Africa to submit your application on your behalf. The Department of Home Affairs promises a turn-around time of 48 hours, but this might take longer as they receive loads of applications at any given time. The application is submitted online and cannot be submitted physically at a SA embassy, mission or consulate.

A person who has been declared undesirable must submit an application to DHA to have this decision appealed and overturned. The following documents must be handed in according to the immigration law in terms of Section 30(1)(h) read with 50(1) of the immigration act South Africa , no 13 of 2002 as amended (no.13 of 2001)

To have your undesirable status overturned by DHA, you must provide them with solid proof that your overstay can be justified.

• Written Representation

• Declaration of undesirability which was issued at the port of entry.

• Include all relevant pages of the passport and bio page.

• Acknowledgement receipt in the case of a pending visa or permit.

• A medical certificate if the applicant has overstayed due to medical reasons.

Your application to lodge an appeal must be submitted within 10 days of receiving your ban.

Our blog post on how to write an overstay appeal letter will give you all the tips you need to write the best letter.

If you South African visa has been refused, you can read our visa appeal process South Africa which will give you all the information you need.

How to Avoid an Overstay in South Africa & Apply for an Extension

A visitor who is currently on a visitor’s visa must submit an application to extend their visa immediately when they arrive in South Africa and must be done through VFS. Submitting an extension as soon as possible will give Home Affairs ample time to process your visa and this allows you to collect your extension before your initial visa expires.

Temporary residents must apply for a renewal of a temporary resident visa when they have 6 months or less left on their initial visa. The application must be lodged through VFS and Home Affairs takes quite some time to process the temporary visa.

We, therefore, recommend that you make use of an immigration agency to facilitate the extension of a visitor’s visa or your TRP application as they are experienced and can prepare your application in the quickest timeframe. Immigration consultants are experienced and know what the Department of Home Affairs requirements are.

If you consecutively overstay, your application will not be considered, and you will be banned depending on the number of days you overstayed in South Africa.

The penalties for overstaying are harsh and there have been heartbreaking stories of families who were not allowed to see one another because they overstayed. The consequences are dire, so ensure that you have all your paperwork ready before you travel to South Africa so that you can be ready to submit your application and understand your rights. The South African immigration law is clear that it will not tolerate any tourist or foreigner who overstays unless they can provide sufficient reason as to why they overstayed and are within their rights. An overstay could count against you if you are applying for permanent residency. A departure before your visa expires is the best solution. 

Sa Migration Can Assist you

Our immigration experts will conduct an assessment with you to find out how serious your case is and if there is any chance of approval. Once we have concluded that we can assist you then we will take you on as a client and request the necessary paperwork from you so that we provide the best service.

We will prepare and compile your application then submit it to the overstay appeal department on behalf of you. We will do the necessary follow up for you and we will keep you in the loop about the progress made. Once we receive the outcome from the Department of Home Affairs, we will then contact you and send you your letter stating that the ban has been lifted.

We can further assess if you qualify for any temporary residence visa should you wish to stay in SA. South African immigration is complex and frustrating to deal with. We are immigration experts that are highly trained and experienced when it comes to any immigration issues and our immigration services in South Africa will help you obtain your visa. We understand the immigration regulations and know how to approach each application. We only take on clients who qualify as we want to maintain our success rate and, in the event, if you don’t qualify we would take the time to explain why you don’t qualify. We would even take it one step further to explain to you how you can qualify and the necessary steps you need to take to qualify when making use of our service.

Please contact us on :

Tel No landline CT  :  +27 (0) 21 879 5560

Tel No landline JHB : +27 (0) 12 880 1490

Whatsapp  Tel No : +27 (0) 82 373 8415 - ( Whatsapp messages only, No calls )

Tel No office : +27 (0) 82 373 8415 ( Whatsapp messages only, No calls )  

Tel No admin : +27 (0) 64 126 3073 – ( Whatsapp calls only – No Messages ) 

Tel No sales : +27 (0) 74 0366127 - ( Whatsapp calls only – No Messages )

Please email us to info@samigration.com

www.samigration.com

We Can Help You To Obtain A South African Visa

SA Migration | 05 Dec 2022

• We create a tailor-made immigration strategy for you .

• We create a tailor-made immigration strategy based on your unique case.

• We navigate the complex South African immigration system for you.

• We stay with you from beginning to end.

 Are you confident in applying for your own South African visa?

We ask this question because we have assisted hundreds of people who were applying for a visa on their own and 90% of their visas were rejected due to a number of issues with their required paperwork. We discovered that many people who were 100% confident that their required documents were correct had major flaws.

Eliminate the stress and frustrations when it comes to applying for a South African visa. South African immigration is a complex and daunting process to deal with on your own.  

• Our Immigration service is designed to ensure that you have peace of mind and offer that support structure you need during this crucial period where everything seems confusing. We are here to answer your questions and hold your hand throughout the entire process.

Our Immigration Services for South Africa Explained

Our immigration services for South Africa are designed to give you an immigration strategy tailored to your needs.

Our free assessment lets you know whether you qualify for a permit or visa.

Dealing with Home Affairs on your own is daunting and with the unpredictable visa regulations happening all the time, the lack of transparency is where we come in to help you.

We offer the following temporary residence visas and permanent residency permits services:

– Business Visa

– Corporate Visa

– Critical Skills Visa

– General Work Visa

– Intra Company Transfer Visa

– Life Partner Visa

– Permanent Residence Permit

– Relatives Visa

– Retirement Visa

– Spousal Visa

– Study Visa

• We work according to the regulations of the immigration act of South Africa and so everything we do is legal. We can help no matter where you are based.

• The free assessment you’ll receive won’t last longer than 30 minutes and is scheduled online so that we can discuss your situation and how we can help you.

• We can help you no matter if it’s a new visa application or visa applications for the entire family.

• Our friendly consultants are waiting to help you, so let’s start your family’s applications today. Our immigration services for South Africa are more suited to people who are looking for a boutique service style.

• You are our focus and we pride ourselves on giving you the best service.

• We make your dreams a reality and we achieve that by understanding your every need so that we can offer what you are looking for.

Our immigration services for South Africa:

• The Done for You Service

• We developed SA Migration to simplify the process of applying for your  visa or permit. 

• We prepare your application 

• You send us the requested paperwork and your immigration consultant prepares your application for you. 

• 3rd Party Processes 

• We complete the 3rd party processes for you, except the one's which require you to complete the process in person. 

• Official DHA Forms 

• We have all the official DHA forms required for your situation. No need to worry about collecting official forms. 

Please contact us on :

Tel No landline CT  :  +27 (0) 21 879 5560

Tel No landline JHB : +27 (0) 12 880 1490

Whatsapp  Tel No : +27 (0) 82 373 8415 - ( Whatsapp messages only, No calls )

Tel No office : +27 (0) 82 373 8415 ( Whatsapp messages only, No calls )  

Tel No admin : +27 (0) 64 126 3073 – ( Whatsapp calls only – No Messages ) 

Tel No sales : +27 (0) 74 0366127 - ( Whatsapp calls only – No Messages )

Please email us to info@samigration.com

www.samigration.com

South Africa Visa Rejected by the Department of Home Affairs?

SA Migration | 05 Dec 2022

We understand that navigating the complex immigration system of South Africa is a daunting process and can cause your anxiety levels to jump through the roof. The process alone is frustrating and being notified that your visa application was rejected will make you panic.

There are many reasons why your visa application has been refused and 9/10 times the reason for rejections is because of a document which could have been omitted by you.

What causes a visa to be rejected?

• What causes a visa to be rejected? 

• Is it possible to get visa after rejection? 

• What happens after your visa gets rejected? 

• Can you appeal a rejected visa? 

• What to do if my visa got rejected? 

o There are two ways you could approach the situation in:

 Do it yourself:

 Let an immigration consultant assist you:

• What is the South Africa Visa Rejection Rate 

• How long does a South African visa appeal take?

There are many visa rejection reasons why your application could have been rejected but below are some of the reasons we could think of:

• Crucial documents omitted from your application

• A criminal record

• A medical illness

• You do not qualify for the visa you are applying for

• You have overstayed your visa in South Africa and submitted with an expired visa

• Attempting to change your status from a visitors’ visa to a temporary residence visa in South Africa

• Submitting forged documents

• Lack of evidence to convince the Department of Home Affairs to issue you the visa

These are just some of the visa rejection reasons we could think of but there are many reasons why your visa or permit could be rejected.

Every visa application is unique to every applicant submitting a visa in South Africa. Therefore all visa applications are assessed on a case-by-case basis. There is a visa appeal process for South Africa you need to follow.

Applicants planning on visiting South Africa can find out if they fall under the visa exempt countries for South Africa.

Is it possible to get visa after rejection?

In most cases yes, if you are in a position to provide a strong reason why they should overturn their decision.

Missing documents are one of the easiest appeals but some become more complex and might not lead to you not being issued the visa.

There is a specific timeframe in which you have to submit your appeal. Missing that time frame would mean that you are accepting the refusal and that you plan not to overturn their decision.

If you plan not to appeal, please ensure that you leave the country before your visa expires.

What happens after your visa gets rejected?

The Department of Home Affairs in South Africa will notify you through VFS of an outcome via their portal which you need to login in to. The notification will not reveal the outcome but will notify you to collect your outcome at the VFS centre you submitted through.

Once you get to VFS you will collect the outcome and if your application has been refused, they will then include the refusal letter stating why your visa has been denied.

At a South African embassy abroad, you will have to either call or walk in to find out if your application has been processed.

Can you appeal a rejected visa?

You will have 10 business days (which does not include weekends) to submit an appeal.

That means that you have to submit an appeal before the 10 days are over. This includes finding the necessary refusal reason evidence to overturn the Department of Home Affairs decision.

Protip: You only have 2 chances to submit an appeal, meaning that if both appeals are refused you have no grounds to appeal again and that you perhaps you would have to leave the country to avoid being illegal here which would have serious consequences.

We, therefore, advise that you satisfy the required refusal and ensure that what you are submitting is in the correct format as per Home Affairs requirements, including supporting evidence, including a letter of support to convince them to overturn it.

What to do if my visa got rejected?

There are two ways you could approach the situation in:

Do it yourself:

If you are confident enough to appeal it yourself, then by every means do so.

1. Find out the reason for the refusal by collecting outcomes at VFS

2. Obtain supporting documents to overturn the refusal

3. Assess the entire visa application for any possible errors that could lead to further refusals

Let an immigration consultant assist you:

An immigration consultant is experienced and will know what to do in the case of a refusal. They are fast to act and can advise you on what to do when you are on board with them. They have experienced different visas which have been refused.

Sometimes important documents have not been included with your application but sometimes you could have a complicated refusal which perhaps cannot be overturned. In this scenario, it’s best to assess if you should leave the country or apply for an alternative visa.

They will assess your application and can immediately rectify the situation if it’s a minor error. However if supporting evidence will take weeks or months to obtain, they can give you the best advice to follow.

Immigration consultants charge a service fee to assist you and you are paying for the experience.

Remember that you need to rebook an appointment with VFS and repay the R1550.00 to submit your appeal.

If the South African embassy abroad is not contracted to VFS then you can apply without having to book an appointment on VFS, however, you might have to book an appointment with the South African embassy.

What is the South Africa Visa Rejection Rate

Applicants who are applying for a visa on their own, stand a higher chance of refusal. Applicants are not familiar with the immigration system and each case is unique.

Applicants do not understand the different requirements and tend to interpret requirements for not what they are.

Due diligence is not applied and many applicants tend to skip 3rd party processes which are an integral part of particular work visas.

Immigration consultants or immigration lawyers on the other hand have a better understanding of the different types of visas. They have experienced thousands of submissions if not more and will have the knowledge to guide applicants to a higher chance of approval.

Countries marked as a high risk in South Africa by Home Affairs, these applicants will have a higher refusal rate as their applications are scrutinized more closely. Often, the South African embassy will include extra requirements when applying for a visa.

So the rate of refusal will be depending on the country and whether you have satisfied all the requirements. In different countries, SA embassies may change the requirements to make it stricter for applicants to apply for a visa.

Applying for a fake work visa will have dire consequences for employers and employee’s.

How long does a South African visa appeal take?

In South Africa, at the moment in 2022, Home Affairs has closed its doors for 2 years. When they renewed, the number of applications received was overwhelming and thus affected the processing times.

On average now it make more than 10 months to nearly 24 months to receive your outcome.

Remember that whilst awaiting the outcome of your appeal, do not leave the republic of South Africa with an expired visa. You will be banned from the country check with us about the consequences “What is the penalty for overstaying in South Africa on an expired visa“.

We understand it’s frustrating but one thing you could do is navigate to the Home Affairs website and find the email address for the temporary residence visa appeals section and email them to find out about updates for your visa.

SA Migration can assist you to appeal a refusal, we can arrange a meeting to discuss your refusal, understand why you were refused and work out a custom plan to assist you

Please contact us on :

Tel No landline CT  :  +27 (0) 21 879 5560

Tel No landline JHB : +27 (0) 12 880 1490

Whatsapp  Tel No : +27 (0) 82 373 8415 - ( Whatsapp messages only, No calls )

Tel No office : +27 (0) 82 373 8415 ( Whatsapp messages only, No calls )  

Tel No admin : +27 (0) 64 126 3073 – ( Whatsapp calls only – No Messages ) 

Tel No sales : +27 (0) 74 0366127 - ( Whatsapp calls only – No Messages )

Please email us to info@samigration.com

www.samigration.com

Expansion Worker Visa brings more possibilities for SA businesses looking to expand in the UK

SA Migration – 2 Dec 2022

The Expansion Worker Visa, is the best bet for any business owner outside the UK who wishes to establish a branch or subsidiary in the UK.

Expansion Worker Visa brings more possibilities for SA businesses looking to expand in the 

If you are a business owner outside the UK and wish to send a manager/senior employee (up to a maximum of 5 managers/senior employees) to the UK to establish a branch or subsidiary of the overseas business in the UK, the UK’s Expansion Worker Visa might be the visa for you. It is important that the manager/senior employee is 18 years or older and already working for the overseas business. It’s also important that the UK branch or subsidiary is not already trading in the UK.

This immigration route replaced the ‘Sole Representative Visa’ and is very similar to the UK’s Skilled Worker Visa. One also has to apply for a sponsorship licence and a certificate of sponsorship. The UK Expansion Worker Visa can be issued for a maximum of 2 years. At the end of the two years, the business needs to provide evidence that it’s established, therefore negating the need for other employees to apply under this route. After two years, the branch/subsidiary can sponsor employees under the normal Skilled Worker Visa route. Unlike the previous ‘Sole Representative Visa’ route, unfortunately, this route does not lead to settlement in the UK. However, dependents are allowed to apply with the main applicant.

The UK will charge a visa fee of GBP 625.00 per applicant, and NHS is also payable for the full period that the visa will be valid. Applications can take 2 to 4 weeks to be processed, although the humanitarian crisis in Ukraine may cause delays in the processing times.

How Sa Migration can help you

If you are a business owner looking to expand your business to the UK or a manager/senior employee of a business outside the UK who wish to help establish a branch of this business in the UK, please contact us for more information.

www.samigration.com

Care Worker wanting to work in the UK?

SA Migration – 02 Dec 2022

Care workers who want to work in the UK using the Health and Care Worker Visa have a deadline of 15 February 2023 to apply. Find out how Sa Migration can assist you.

Care Workers wanting to work in the UK urged to apply: Image: Adobe stock

Care workers wanting to work in the UK must take heed of the deadline of 15 February 2023 to apply for the UK Health and Care Worker Visa

In February 2022, the UK Government included care workers in the Health and Care Visa route. The announcement was and is still good news for overseas care workers wanting to work in the UK. 

However, carers wanting to apply under this route only have until 15 February 2023 to apply.

The UK Government expanded the Health and Care Visa route to bring relief to the Care Worker industry, as the industry had been hit hard by the Covid-19 pandemic and faced staff shortages and pressures.

How to qualify as a Care Worker under the Health and Care Worker Route

Since 15 February 2022, the Shortage Occupation code 6145 has been on the Shortage Occupation List. The code includes Care Workers and Home Carers and related job titles such as Care Assistant, Care Worker, Carer, Home Care Assistant, Home Carer and Support Worker (Nursing Home). Such workers can thus qualify to apply under the Health and Care Worker Visa.

Private households and individuals (other than sole traders sponsoring someone to work for their business) cannot sponsor Skilled Worker applicants. Home Carers will thus only be able to be sponsored on the route if they are working for an organisation able to meet the sponsorship requirement.

The inclusion of the Care Workers on the Shortage Occupation List stipulates a minimum annual salary. If carers meet this minimum salary, they are eligible for the UK Health and Care Worker Visa.

The good news is that dependents of care workers can apply to accompany the main applicant. More good news is that these types of visas are issued quicker than the normal skilled worker visa. However, there are currently delays at the Home Office due to the humanitarian crisis in Ukraine. One could therefore expect delays in some cases. 

How Sa Migration can assist you

UK Care Providers who do not have a sponsorship licence in the Skilled Worker Route can contact Sa Migration for assistance to get this in place. We have a team of highly qualified and experienced consultants dealing with Sponsorship Licences.

Unfortunately, care agencies who contract out carers to third parties and do not employ them to work directly will, in all probability, not qualify. However, we highly recommend you speak to one of our consultants to clarify your situation.

Care workers with a job offer are welcome to contact us.

www.samigration.com