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Articles

05. Dec. 2022 SA Migration

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

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.
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www.samigration.com V.4562

31. Jan. 2023 SA Migration

Immigration Agents South Africa

What does an immigration consultant do? Table of Contents • What does an immigration consultant do? o Does South African Immigration Consultants need to be registered to assist me? o Am I guaranteed a visa through a South African Immigration Agent? o What can a migration agent do for me? o Is it necessary to make use of a South African Immigration Consultant to apply for visas or permits? o I’ve Been Scammed Before and really don’t trust an Immigration Consultant? South African Immigration Agents or South African immigration consultants are individuals who assist you in applying for any South African visa type or permit. You may have used an immigration agency before or choose not to make use of one depending on the budget. The use of an immigration firm means you were assigned an immigration agent or immigration consultant to handle your visa application. V.4654

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30. Jan. 2023 Groundup

Section 10 of Births and Deaths Registration Act `impairs dignity of unmarried fathers` ConCourt

Section 10 of Births and Deaths Registration Act has been declared unconstitutional. Getty Images • The Constitutional Court has declared a section of the Births and Deaths Registration Act unconstitutional. • The section does not allow an unmarried father to register his child`s birth under his surname, unless the mother gives consent or is present. • A ConCourt judge says there is no justification for differentiating between married and unmarried fathers. The Constitutional Court has declared section 10 of the Births and Deaths Registration Act - which does not allow an unmarried father to register his child`s birth under his surname, unless the mother is present or gives consent - unconstitutional. V.4632

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30. Jan. 2023 City Press

Is artificial intelligence beginning of the end?

Is this the beginning of the end for personalized creativity? If you spend enough time online, you would have seen the AI-generated pictures of black alternative people at a rave or maybe you’ve even created some fun AI art of your own in the recent past. AI, also called machine intelligence, is defined as a sector within computer science that primarily focuses on elevating, building and managing computerized technology. AI technology is also created with the intention of autonomously making decisions and carrying out actions on behalf of a human. V.4650

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30. Jan. 2023 Groundup

Children born abroad with one South African parent have right to citizenship, ConCourt

The Constitutional Court finalised a seven-year legal battle fought by Lawyers for Human Rights on behalf of four people born to SA parents outside the country. The case centred on the Citizenship Amendment Act of 2010 and how it applied to people born outside of South Africa before January 2013. Justice Sisi Khampepe slammed the Department of Home Affairs, describing its conduct in the matter as `brazenly incompetent`. Children born in other countries are entitled to South African citizenship as long as one parent is South African, the Constitutional Court has ruled. V.4651

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30. Jan. 2023 iol

Court asked to permit unmarried couples in life partnerships to claim maintenance when separated

The Western Cape High Court is being asked to develop common law legislation to permit unmarried couples in life partnerships to claim maintenance from one another in the event of a separation. As the law stands, the right is reserved only for heterosexual couples who are legally married. The development sought is aimed at providing a remedy for maintenance upon the termination of a permanent life partnership, in circumstances where the parties had undertaken reciprocal duties to support one another during the existence of the partnership. A woman, whose relationship with her partner and the father of her three children has broken down, is trying to claim maintenance from him. V.4652

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30. Jan. 2023 Business Day

Home affairs stuck in costly legal limbo, worsened by Covid

The Covid-19 pandemic has proven to be yet another stick in the spokes for the department of home affairs, further delaying processes that were already slow and inconsistent, and causing despair and disruption for thousands of people and businesses. In addition, an apparent lack of will to rectify the situation is costing the state millions in unnecessary legal fees as unsuccessful applicants head to the courts to appeal. V.4653

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27. Jan. 2023 Goundup

Court rules on unwed fathers

The Eastern Cape High Court in Gqeberha has found a regulation that was stopping undocumented fathers from being registered on their children’s birth certificates unconstitutional. The regulation affects the rights of thousands of children simply through the circumstances of their births, Judge Mbulelo Jolwana said. He said it was “irrational” and it had never gone through a parliamentary process. The rights of citizens cannot be subject to the whims or attitudes of officials in government offices, the judge said. V.4648

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27. Jan. 2023 iol

Court asked to permit unmarried couples in life partnerships to claim maintenance when separated

The Western Cape High Court is being asked to develop common law legislation to permit unmarried couples in life partnerships to claim maintenance from one another in the event of a separation. As the law stands, the right is reserved only for heterosexual couples who are legally married. The development sought is aimed at providing a remedy for maintenance upon the termination of a permanent life partnership, in circumstances where the parties had undertaken reciprocal duties to support one another during the existence of the partnership. V.4649

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26. Jan. 2023 Pretoria News

Court grants mother right to keep children in SA away from nomadic father in US

- A father of three who lives in Texas in the United States said to have subjected his children to a nomadic life and who is so controlling that he even watches his children’s weight lost his legal bid in a South African court to have his children returned to him. The father launched proceedings in the Johannesburg High Court in terms of The Hague Convention on the Civil Aspects of International Child Abduction Act, to have his children returned. The purpose of the Convention is to protect children from the harmful effects of their wrongful removal from the country of their habitual residence to another country, or their wrongful retention in another country. V.4647

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25. Jan. 2023 SA Migration

Legalization form 20, ask us how

How can we help you , please email us to info@samigration.com whatsapp message me on: +27 82 373 8415, where are you now? check our website : www.samigration.com V.4643

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25. Jan. 2023 SA Migration

ASYLUM SEEKERS PERMIT EXPIRED or NEW ONE needed, Don’t know what to do ?

Apply Now for Temporary Residence even with EXPIRED LOCKDOWN PERMITS The Constitutional Court handed down a judgement in the Ahmed matter as well as a Court Order opening the door for Asylum Seekers and Refugees to apply to change their status to temporary residence visa . Contact us now before this fantastic opportunity is lost . V.4644

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25. Jan. 2023 Pretoria News

SA born child leaves for Croatia with father after court rules against estranged wife

A South African-born child aged 13 will next week start school in Croatia after her father won a legal battle against his estranged wife to take his daughter with him while he assists Ukrainian refugees in that country. The child’s mother was shortly before Christmas ordered by the South Gauteng High Court in Johannesburg to allow the child to live with her father abroad. Judge Shanaaz Mia ordered the mother to sign all the necessary documents relating to her daughter’s relocation. If the mother refused to sign the documents, the sheriff of the court was entitled to do so on her behalf, the order read. Not only did the mother lose her battle for her child to remain here, but she was also instructed by the court to foot her husband’s legal bill. Judge Mia made it clear that the interest of a child will always prevail. In this case the child made it clear she wanted to go to Croatia with her father, with whom she had a better relationship. V.4645

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25. Jan. 2023 Pretoria News

Court grants mother right to keep children in SA away from nomadic father in US

A father of three who lives in Texas in the United States said to have subjected his children to a nomadic life and who is so controlling that he even watches his children’s weight lost his legal bid in a South African court to have his children returned to him. V.4646

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19. Jan. 2023 News24

Undocumented, unmarried fathers cannot be excluded from their children’s birth certificates

A regulation preventing the naming of a foreign, unmarried father who is in South Africa illegally on his child’s birth certificate is unconstitutional, the Eastern Cape High Court in Gqeberha has ruled. Judge Mbulelo Jolwana said the regulation, which provides that a foreign father of a child born out of wedlock must submit a copy of his valid passport, visa, permit, permanent residency, ID document or refugee identity document in order to be registered, was not only irrational but was contrary to the best interest of the child. It was also at odds with the Births and Deaths Registration Act which imposed no such rule. V.4641

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19. Jan. 2023 SA Migration

Spouse Required to be present on submission of life partner and spousal application

New development with respect to spouse / life partner application needs pictures of spouse/ life partner and applicant , the SA spouse must be physically present on day of application. No excuses. This info was sent to vfs today they will action wef 1 Feb 2023 . It will be signposted on website and offices accordingly . As an aside you and I will understand why, the fraudulent SA life partner s who cry foul and say they stole my ID when caught out will be exposed as well as the syndicates V.4642

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18. Jan. 2023 ABC news

German government seeks to ease rules for naturalization

BERLIN -- Germany`s socially liberal government is moving ahead with plans to ease the rules for obtaining citizenship in the European Union`s most populous country, a drive that is being assailed by the conservative opposition. Chancellor OIaf Scholz said in a video message Saturday that Germany has long since become “the country of hope” for many, and it`s a good thing when people who have put down roots in the country decide to take citizenship. “Germany needs better rules for the naturalization of all these great women and men,” Scholz said. V.4639

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18. Jan. 2023 city press

Life in SA through the lens of a Zimbabwean

For 12 years, Zimbabwean Martha Muhamba* has had to find a way to ensure that she remains in South Africa because, when she moved to the country in 2010, her mission was to `find work, make money` and send her child `to a decent school`. While Muhamba has been able to find employment since her first year in South Africa, the 42-year-old tells City Press that she has never been in possession of a work permit and the only documentation she has is her Zimbabwean passport, which she has managed to keep valid with border post stamps, even though she has not left South Africa for more than a decade. V.4640

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17. Jan. 2023 SA Migration

Who needs a South African visa?

Anyone traveling to South Africa will need a visa to enter the country; be it for a holiday, visiting family, joining a partner, living, working, or studying. However, some countries are exempt from this rule. When traveling with a child under 18, you should always check the current South African visa requirements and child policy as these sometimes change. From 8 November 2019, for instance, foreign children traveling with their parents no longer need to present parental consent letters or birth certificates. Nonetheless, it can’t hurt to keep a parental consent letter and birth certificate handy just in case. V.4634

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17. Jan. 2023 SA Migration

Temporary Residence Visa (TRV)

While processing times for visas under this category vary, they typically take up to 60 business days from the date of submission. However, it can take up to 10 days to process the Visitor’s Visa and Holiday Visa. When applying for a Temporary Residence Visa, you must meet the following criteria: • Hold a valid passport with at least two blank pages, which only expires a month after your intended departure date from South Africa • Ensure your temporary residence permit remains valid • Submit the online application and required documentation at any VFS.Global visa facilitation center or at the South African embassy in your country of residence or citizenship V.4635

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17. Jan. 2023 SA Migration

Business Visa

South Africa is a country that welcomes much-needed foreign investment. Therefore, a section of South African immigration legislation deals specifically with foreign individuals wishing to conduct business in the country or invest in a South African company. If you are trying to start your own business, take over an existing business, or invest in a company in South Africa, you need to apply for a Business Visa. Furthermore, you will need to invest a prescribed financial capital contribution, and at least 60% of your workforce needs to be South African. V.4636

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Articles

31. Jan. 2023 SA Migration

Immigration Agents South Africa

What does an immigration consultant do? Table of Contents • What does an immigration consultant do? o Does South African Immigration Consultants need to be registered to assist me? o Am I guaranteed a visa through a South African Immigration Agent? o What can a migration agent do for me? o Is it necessary to make use of a South African Immigration Consultant to apply for visas or permits? o I’ve Been Scammed Before and really don’t trust an Immigration Consultant? South African Immigration Agents or South African immigration consultants are individuals who assist you in applying for any South African visa type or permit. You may have used an immigration agency before or choose not to make use of one depending on the budget. The use of an immigration firm means you were assigned an immigration agent or immigration consultant to handle your visa application. V.4654

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