Letter of Good Cause South Africa

Good Cause Applications in South Africa: Regularising Your Stay

Has your South African visa expired? Are you an “illegal foreigner” but wish to remain in the country and legalize your status? A Good Cause Application offers a pathway to request permission from the Department of Home Affairs (DHA) to stay in South Africa while you finalize a new visa application.

Navigating immigration status after a visa expires can be daunting. Understanding the Good Cause process is essential for anyone seeking to avoid immediate departure and potential re-entry bans.

What is a Good Cause Application?

A Good Cause Application is a formal request to the Director-General of Home Affairs for temporary authorization to remain in South Africa despite being an “illegal foreigner” (i.e., someone whose visa has expired and is now in contravention of the Immigration Act). This authorization allows you to finalize and submit an application for a valid visa or status from within the country.

Legal Basis:

  • Section 32(1) of the Immigration Act: This section dictates that an illegal foreigner must depart South Africa unless explicitly authorized by the Director-General to remain. The “Good Cause” concept stems directly from this authorization granted “by way of a letter of good cause.”
  • Regulation 30 of the Immigration Act: This regulation, read in conjunction with Section 32, outlines the specific criteria and procedural guidelines that govern the assessment and granting of such authorizations. It details precisely what you, as the applicant, need to prove.
  • DHA-1759 Form 20 (Letter of Good Cause): This is the official document issued by the Director-General. Often referred to simply as a “letter of good cause,” this form formalizes the authorization for you to remain in South Africa pending the outcome of your new visa application.

Criteria for a Successful Good Cause Application

To qualify for authorization to remain in South Africa, you must meticulously prove that you meet the following essential criteria:

  1. No Prior Arrest or Deportation Order:
    • You must not have been arrested or formally ordered to depart South Africa by immigration authorities. This indicates that formal deportation proceedings have not yet been initiated against you by the DHA.
  2. Inability to Apply Timeously Due to Reasons Beyond Your Control:
    • This is the cornerstone of a Good Cause application. You must clearly demonstrate that your failure to apply for a visa before your previous one expired was genuinely due to circumstances entirely outside of your influence.
    • Examples of acceptable “beyond control” circumstances include:
      • Serious illness or hospitalization preventing timely action.
      • Significant delays in obtaining crucial supporting documents from your home country or other third parties.
      • Unforeseen emergencies (e.g., natural disaster, severe personal crisis).
      • Documented administrative delays or errors on the part of the Department of Home Affairs (DHA).
      • In some limited cases, very short, unavoidable delays (e.g., a few days) might be considered if well-justified.
    • What is NOT considered “Good Cause”: This typically does not cover situations like simply forgetting your visa expiry date, being unaware of the requirements, or intentionally overstaying your visa.
  3. Preparedness to Apply for a New Status Immediately:
    • You must be in a position to submit a complete and valid application for the new visa or status you intend to obtain, without delay. This means:
      • You must qualify for the specific visa you are applying for.
      • All required documents for the new visa application must be fully gathered and ready for submission.
      • You must meet all the eligibility criteria (e.g., financial means, qualifications, relationship status) for the specific visa you are pursuing.

If the Director-General is satisfied that the above criteria have been met, he may issue the foreigner with a Form 20, also referred to as a letter of good cause, authorising the foreigner to make application for a visa by a certain date. If the decision in said application is unfavourable, the foreigner will need to depart South Africa immediately. This departure would ultimately result in a ban from South Africa and this would need to be overturned through the overstay appeal process.

Important Considerations for Good Cause Applicants

  • Discretionary Power: The issuance of a Letter of Good Cause is ultimately at the discretion of the Director-General. Even if you meet all stated criteria, the DG retains the authority to grant or refuse the authorization.
  • Temporary Purpose: A Good Cause authorization is not a visa itself. It merely permits you to remain in South Africa while your new visa application is being processed. It does not confer any rights or benefits associated with a specific visa category.
  • Consequences of an Unfavourable Decision: If your subsequent visa application is unsuccessful, you will be required to depart South Africa immediately. Failure to comply will result in being declared an “undesirable person,” leading to a re-entry ban that would then require a separate overstay appeal process to overturn.
  • Good Cause vs. Overstay Appeals:
    • Good Cause to Remain: Applied for while you are still in South Africa, before you have been formally declared undesirable or deported. The aim is to regularize your status without leaving.
    • Overstay Appeal: Applied for after you have departed South Africa and have been declared “undesirable” due to overstaying. This appeal aims to overturn the re-entry ban.
  • Best Interests of the Child: South African courts increasingly emphasize the “best interests of the child” (as per the Constitution). If you have minor children who are South African citizens or have a legal right to reside in South Africa, this can be a significant factor in your Good Cause application or any subsequent appeal, as courts may intervene to prevent undue disruption to family life.

Relevant Documentation for Your Application

To support your Good Cause Application, you will typically need to provide:

  • A detailed written explanation outlining the circumstances beyond your control that led to your illegal status.
  • Documentary proof of these circumstances (e.g., medical certificates, police reports, official correspondence).
  • Confirmation of employment in South Africa (if applicable).
  • Any other relevant information that supports your case (e.g., proof of South African spouse, minor South African children).
  • Scanned copies of your passport information page, all previous South African visas (with entry and exit stamps), and any relevant correspondence with the DHA.
  • Comprehensive information about the new visa application you intend to submit.
  • Proof of financial means to support yourself during the application period.

Need Expert Assistance with Your Good Cause Application?

Applying for “Good Cause to Remain” is a complex legal process that requires meticulous preparation and a thorough understanding of South African immigration law. The success of your application hinges on presenting a compelling, well-documented case.

If you are an illegal foreigner in South Africa and believe you have valid “good cause” reasons, contact our experienced immigration specialists today using the form below. We can assess your unique situation, help you gather the necessary evidence, and prepare a robust application to maximize your chances of success.

Letter of Good Cause Application