All visa or permit holders who overstay their visas may result in them being declared undesirable for a period of up to 5 years. All foreigners will need to have a valid visa in their passport upon leaving the country or face refusal of re-entry into South Africa for a period of time as outlined below.

UNDESIRABLE STATUS

Regulation 27(3) provides that a person who overstays in the Republic after the expiry of their visa will be declared as ‘undesirable’. The period of the declaration is determined by examining the foreign national’s period of overstay in the Republic. Foreign nationals who overstay in the Republic for a period not exceeding 30 days will be declared as ‘undesirable’ for a period of 12 months. Foreign nationals who overstay for period exceeding 30 days will be declared as ‘undesirable’ for a period of 5 years. In addition to this, the DHA has also introduced Directive 9 of 2014 (directive) which confirms Regulation 27(3) and stipulates that persons who overstay on their visas will be declared as ‘undesirable’.

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THE NEGATIVE IMPACT OF UNDESIRABLE STATUS

The changes within the immigration law from 2014 has implemented a more stringent sanction to those who overstay their visit. Despite the cause or reason for doing so, just a fine will no longer do, refusing entry to South Africa and a ban is repercussions for overstaying one’s visit. According to South African Immigration Act, a foreigner may, therefore, be declared undesirable by the Director-General of Home Affairs if he or she has overstayed his or her South Africa visa.

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HAVE YOU OVERSTAYED YOUR VISA?

It is common for foreign nationals that have enters SA to overstay the number of days given to them according to their visa restrictions. However, sometimes things happen, and you are not able to leave the country when you should. Foreigners are expected have a valid visa in their passport upon leaving the country or face refusal of re-entry into South Africa for a period of time as outlined below. This leads to distress for those who have family and business interest/investments in South Africa.

WHAT ARE THE PENALTIES FOR OVERSTAYING YOUR VISA?

All visa or permit holders who overstay their visas may result in them being declared undesirable for a period of up to 5 years. The main consequences are as follows:

In the case of a person who overstays for a period not exceeding 30 days, they will be declared undesirable for a period of 12 months.
A second offence within a period of 24 months, will be declared undesirable for a period of two years.
In the case of a person who overstays for more than 30 days, they will be declared undesirable for a period of five years.

WE CAN HELP YOU APPEAL THE DECISION

If this has happened to you, without the assistance of an expert, an individual with an expired visa can face consequences that may have been avoidable. Time is of the essence, and the process of appealing your status is crucial. Xpatweb will be able to formally appeal your Undesirable Status with the Department of Home Affairs to ensure a successful and expedited outcome.

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UNDESIRABLE STATUS

THE NEGATIVE IMPACT OF UNDESIRABLE STATUS

MORE INFORMATION

HAVE YOU OVERSTAYED YOUR VISA?

WHAT ARE THE PENALTIES FOR OVERSTAYING YOUR VISA?

WE CAN HELP YOU APPEAL THE DECISION

CONTACT US

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