Banned from South Africa

Banned from South Africa – What Now?

News Flash: The overstay endemic continues. Despite the widely publicised issues pertaining to foreigners overstaying their visas to South Africa, the number of people getting banned from South Africa as a result of these overstays continues to rise.

Overturning bans from South Africa on the rise

We are seeing a daily influx of foreigners making contact with our firm in order to overturn bans from South Africa that they and/or their family members have received. These inquiries range from people who have overstayed their visas for medical reasons, to those who have simply failed to check the expiry date of their visas. The period of these overstays can range from a matter of days to years on end and foreigners often hold the erroneous belief that nothing can be done in order to facilitate their quick return to South Africa.

In the event that a foreigner departs South Africa after the expiry of his/her visa, he/she will be issued with a declaration of undesirability at the point of departure. This declaration will contain details pertaining to the duration of the overstay and the ban period. Important to note, is that the declaration also instructs the foreigner in question to submit an overstay appeal to the Department of Home Affairs in the event that he/she would like to contest the ban from South Africa.

How an overstay appeal works

This overstay appeal will need to comprehensively deal with the reasons for the overstay and must provide grounds justifying the overturning of the ban. The Department of Home Affairs has taken a stringent approach to the adjudication of these appeals and it is advisable to enlist the services of experts in order to draft and submit the strongest possible appeal.

In the event that you require further information on how to overturn a ban from South Africa, kindly contact our offices.

Banned from South Africa

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10 Comments

  1. Hi there.
    I am contacting you because my husband and I had originally applied for an unabridged marriage certificate and were told that it would only take between 6 and 8 weeks to complete. I am an american citizen and so when we were having no luck with our unabridged certificate I then called the U.S consulate in S.A and asked them if there was a way I could stay until it was processed, they said that I could go to the country of Lesotho and that by coming back into the country I would automatically gain another 90 days. Hearing this news my husband and I were very happy so we canceled our plans to stay in cape town my last week I was here and went to Lesotho instead. We came back after 4 days and assumed everything was fine, to only find out now 3 months later that the entire time I thought I was legally in the country I had been overstaying my welcome. You can understand my husband and I dismay when we heard this news and heard that this could mean me getting banned from the country for up to 5 years. We have absoloutley no idea what to do and in addition to it all we need that unabridged marriage certificate to continue with our plans of him coming to the united states or me returning here even to just visit with my husband. I am scheduled to be leaving the country in about a week and we know that this ban will happen to me whether we didn’t intend to make the mistake or not. We just have no idea what to do after this happens.

  2. Hi Zoe, we’re sorry to hear about your situation. Unfortunately South Africa has cracked down on border hopping for visa renewals. One now must fly to a non-neighboring African country in order to have a visitor’s visa extended. You are correct in your assumption that you will be banned from SA. We specialize in matters of this nature, and will be making contact with you by way of email as soon as possible.

  3. Hello, I have been banned in december 2015, my son and i. We were staying with my south African partner and came on visitors permit. To extend our permit, we were told to go to a neighbour country, then re- enter to get an extension.Meanwhile, my partner and I were in the process of getting married and applying for “Life Partner Permit”. After a while, the same agent reffered us to a now Non existent “Agency” that took R15000 to make a 6months visitors permit to give us time to deal and finish with all paper works regarding the life partner permit. At my surprise, I left the country in december for holiday, to be found illegal in the country, to top it of,my permits. Where also fake,and got a Ban of 5years. I do not know what to do now, I would like to find a way to reduce this ban for up to a year at least.Please contact me

  4. Hi Anne. We are sorry to hear about your misfortune. We will certainly be in touch. Best, Willem

  5. hello, me and my husband overstayed one day in south africa and were declared undesirable in january 2015, we appealed immediately after getting back to our country with all required documents, but didnt hear frome home affairs. i have read that if you over stay for one day the ban is of 1 year, i wanted to ask that its already been a year so can we travel back as the ban should have been lifted by now.

  6. Hi Jessey

    Thank you for contacting us. If you overstay your visa, at the point of entry that you are leaving from, the immigration officer will record the ban on your passport on the system with your passport number. You will also be handed an official letter stating your ban.

    Kind regards,
    The SAVisas Team

  7. Hi There
    I have a situation with my girlfriend who stayed over for one day extra but what is surprising is that on the passport it mention that the end date was a day before the day she crossed the boarder but on the system it was recorded that its the day she was passing. at boarder control they still banned her and did not want to consider her plea as they mentioned that on the passport its a day before.

    Secondly in this case, is it possible to still get married to her legally in south africa if shes banned from the country and will she gain access.

    Please send me a quotation to understand what it will cost to rectify the situation as well as the time frame. She is pregnant and i would like my child to give birth in South Africa.

    Thanks

  8. Hi Kea

    Thank you for contacting us. One of our lawyers has emailed you.

    Kind regards,
    The SAVisas Team

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