So you’re in South Africa a bit longer than you said you would be, due to some or other reason. Do you have to leave or can you extend your stay from inside the country? We take you through all your options below.
Can I apply for a new visa or permit from within South Africa?
A question often posed by our clients is “Can I apply for a new visa or permit from within South Africa?”. For the most part, the answer to this question is “Yes” – although this is rarely possible if the foreigner in question is currently on a visitor’s or medical visa and intends to change over to a new type of visa.
The inconvenient truth
The answer to the above question, however, becomes a resounding “No” in instances where a foreigner does not currently hold a valid visa for one reason or another. Individuals who overstayed their visa in South Africa fall within this category. A foreigner who attempts to submit an application for a new visa from within South Africa, where his/her previous visa has expired, will be met with a swift and merciless letter of rejection from the Department of Home Affairs.
Options available to foreigners
Prior to submission of a visa application, a foreigner may make application to the Department of Home Affairs requesting authorisation to submit the visa application from within South Africa. This option is only available to foreigners who can prove that they did not submit an application prior to the expiry of their previous visa for reasons beyond their control.
This avenue is not available to the majority of foreigners and the only option left open to these persons is to return to their country of origin and submit a fresh application. Naturally, these foreigners will be declared undesirable and banned upon departing South Africa as a result of having overstayed their visa. It follows that a foreigner will not be able to submit a new visa application in his/her country of origin until the ban and undesirable status are overturned.
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