• Is or is likely to become a public charge;
• Identified as such by the Minister of Home Affairs;
• Who has been judicially declared incompetent;
• An unrehabilitated insolvent;
• Who has been ordered to depart in terms of the Immigration Act;
• A fugitive of justice;
• Has previous criminal convictions without the option of a fine for conduct which would be an offence in South Africa;
• Has overstayed after the expiry of their visa.
The Immigration Act requires that the affected foreigner is physically “declared” an undesirable person by being handed a “declaration of undesirability” by an immigration official. This often happens when a foreigner overstays his or her visa and departs through a South African port of entry. The immigration official will complete the declaration and hand it to the affected person, stipulating the number of days the person has overstayed: any overstay of up to 30 days renders the person banned from returning to South Africa for one year, and any overstay of 30 days or longer prohibits the person from returning to South Africa for five years.
The only way the affected foreigner may have the grounds of undesirability waived and his or her restrictions removed from the V-List, is to apply to the Minister of Home Affairs, also on the basis of “good cause”. This is effectively an appeal against the undesirability status. Often these appeals are complex and most often require the assistance of a professional.
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