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 fora 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.

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 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.
.
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.

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.

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How can we help you?
Please email us to info@samigration.com
Whatsapp message us on: +27 82 373 8415

Where are you now?
Check our website : www.samigration.com

Please rate us by clinking on this links :
Sa Migration Visas
https://g.page/SAMigration?gm


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