Overstaying a South African visa is certainly the most common reason for foreigners being declared undesirable and banned from the country, but it is not the only one.
Who would be at risk of being declared undesirable
The Immigration Act grants a discretionary power on the Director-General of Home Affairs, allowing him to declare the following foreigners undesirable:
- Anyone who is or is likely to become a public charge;
- Anyone identified as such by the Minister of Home Affairs;
- Anyone who has been declared incompetent in a court of law;
- An unrehabilitated insolvent;
- Anyone who has been ordered to depart in terms of the Immigration Act;
- Anyone who is a fugitive from justice;
- Anyone with previous criminal convictions without the option of a fine a fine for conduct which would be an offence in South Africa (certain exceptions may apply for prescribed offences);
- Any person who has overstayed the prescribed number of times.
What to do if declared undesirable
If declared undesirable, a foreigner shall not qualify for any visa or permit to South Africa, nor shall they be granted admission into the country. Any declaration of undesirability may be waived by the Minister upon application by the affected foreigner, provided that good cause exists. Contact us for further information and assistance in drafting your application.
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