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.

Speak to a professional

Contact Le Roux Attorneys, South African Visa specialists about your visa application. Start by selecting one of the enquiry options below

Posted in blog, News, Visit SA, Work in SA and tagged , , .

24 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

  9. Hi my daughter born in southafrica but I can made only her passport unfortunately my wife want go back my country some issues she take my daughter go back my contry with out visa permite of my daughter (she have only passport) but my wife have visa permite how can I bring back my daughter she have now one year two month old I have also work permite in southafrica

  10. My passport has stamped with a stamp then written section 29(1)(F) I don’t know what this means
    I was told it was a ban
    So I would like to inquire how long the ban is for

  11. Hi Dell

    Thank you for contacting us. If you have overstayed your visa by less than 30 days, you will be declared undesirable for a period of 12 months.
    If you have overstayed for a second time within a 24 month period, you will be declared undesirable for a period of 2 years.
    If you have overstayed by more than 30 days, you will be declared undesirable for a period of 5 years. You can read more about bans here: http://www.savisas.com/visa-overstay-appeal-south-africa/. If you would like assistance with overturning your ban please email matt@lr-inc.co.za.

    Kind Regards,
    The SAVisas Team

  12. Hi I was delayed at the border in August 2016. I caught a bus from Pretoria to Beitbridge. I was supposed to leave on the 26Aug so I arrived in the early hours of 27th August. I was basically 2hrs late but i was handed a one year ban. I tried to appeal but I didn’t get any response. I can’t even travel in transit via Johannesburg and with the type of work I do, I need to connect in Joburg.

  13. Hi Xholani

    Thank you for contacting us. Please email matt@lr-inc.co.za with this overview of your situation and your contact details and we will get back to you with advice on the matter.

    Kind regards,
    The SAVisas Team

  14. Hi there
    I applied in May 2014 for a temporary residency visa at the Bellville Home Affairs to live here in Cape Town with my South African wife
    The long wait hasn’t been too much of a problem but I’ve now accepted an offer to sell my house in Australia and I need to travel there by about mid Feb to sign the contract and pack my personal possessions
    How can I travel to Australia for a week and return here without any problems of being declared “undesirable” and possibly facing a ban then having to go through some appeal process
    My wife and I are extremely anxious and would gratefully appreciate any advice

  15. Hi Chris

    Thank you for contacting us. Please email immigration@lr-inc.co.za with the details of your current visas and your contact details and our consultant will be in contact to discuss the situation.

    Kind regards,
    The SAVisas Team

  16. hi, im a south Africa citizen and my husband was banned for overstaying his spouse permit. when we went to Nelspruit home affairs to extend his permit they said we have go to his home country and apply from there. when he left the country he was banned for 5 years at OR TAMBO airport and now he served 2 years away from us but now we are in Pakistan so I just want to know what to do so we can go back home with him. living without him for 2 years was unbearable. please help

  17. hi there,

    I was declared undesirable in 2015 for 1 year. Can I now reenter South Africa (since the ban is over) or is there something I have to do before?

    King Regards

  18. Hi there
    I overstayed when i visited south african last year and i used one bus driver to get my passport stamped when he got to the boarder but unfortunately when i was coming back home the immigration officers noticed and my passport got stamped ban but there is no time frame on the ban ,how do i go about this ??

  19. Hie I was banned for five years after using an agent, not knowing he is fake and he gave me fake visa.im in my 4th year of the ban, but I miss my family so bad, I’m British can you help?

  20. Hi there,

    I was in South Africa last year (April-Octobre) on a tourist visa and applied for an extension during the first month I arrived in SA.
    I was waiting and waiting for my visa to be processed by VFS but the status never changed. VFS and DHA told me that I can stay in South Africa until i have the results of my visa application. Unfortunatelly I didn’t hear back from them until the time I was supposed to leave the country anyways (Octobre). At the Airport I got banned from South Africa for 5 years, but they also told me I can reverse the ban inbetween the next 10 days. I tried to do that (plenty of emails and phone calls to the DHA) but no one ever respondet or picked up the phone.
    Do you have any ideas what I can do?

    Thanks, Simone

  21. Good Day Simone,

    Thank you for contacting us. Please email immigration@lr-inc.co.za with this overview and your contact details and an attorney will be in contact with you.

    Kind Regards,
    The SAVisas Team

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