What happens if I overstay my South Africa Visa?

What happens if I overstay my South Africa Visa?

iVisa | Updated on Jul 14, 2020

If you have a love for travelling, and South Africa is one of your dream destinations to visit then you should apply for a visit visa. It is also called a consulate visa. This allows visitors to stay in and visit the country for 90 days. If a visitor has exceeded the allowed 90 days, it means that they have overstayed their visa and they will have to face definite outcomes for this overstay.

South Africa

According to the regulations of South Africa, the visitor who overstays his visa becomes illegal in the country and must pay fine for it. The amount of fine depends on the duration of overstay. Usually, travelers face more hard penalty for overstay visas.

According to the immigration amendment acts no 13 of 2011;

  • The person whose visa overstays they declare as an undesirable person.

According to laws and regulations, if a person proclaims as undesirable, they must be ban to visit South Africa again. So It all depends on the duration of overstay.

South Africa overstay penalty

There is a hard penalty that an individual will have to pay if his visa is expired. If there is some genuine issue, the visitor must visit an embassy or consulate for the visa extension. It is the only way to prevent overstaying penalty. In this way, they can get an extension of 60 days.

Ban penalty

If the visa has been expired, punishment will depend on the period of expiry.

  • If the overstayed duration is Less than 30 days, then a person will ban for 12 months.
  • If the overstayed duration is more than 30 days, then a person will face the penalty ban, not less than 5 years.

They are assigned the title of an undesirable person in both cases.

Fine penalty

If an immigration officer finds that the visa has been expired, then the home affairs department will charge the fine of R2500 TO R3000. Then the visitors will be banned from visiting South Africa ever to the visa might get cancelled by the embassy if carelessness is found on the end of the visitor.

STAY IN SOUTH AFRICA WITH EXPIRED VISA

If visitors want to stay in South Africa with an expired visa, firstly they will pay the fine to stay in the country.

Visa can be overstayed due to many reasons. There are two important conditions in which visitors can stay in the country after their visa is expired.

  • After paying the fine, the visitors will be able to stay in the country.
  • The visitors must appeal for the extension to stay more in the country.

Pay your fine

If visitors have the liability of fine, they can pay their fine at their country's embassy or pay it during the time of stay. When they pay the fine, they will be permitted to stay, but they have the receipt because the officer wants to check it anytime.

Necessary documents

  • The candidate's passport,
  • Notice (that issue to pay fine)
  • Payment.

    All documents must be authentic.

South Africa overstay appeal

Everyone who has the title of "Undesirable individual" because of overstay has the right to appeal. So for the appeal, visitors must approach the "Department of Home Affair."

If anyone goes through with the title of an undesirable person or banned due to overstaying, they can appeal within 10 days. Approximately 48 hours will be taken by the"Department of Home Affairs" to hear the appeal. Still, there is no specific time limit for it. The period depends on the complexity of the case, for example, matters related to immigration take more time.

Some logic for removing the restriction

To remove the status of undesirability or you want to eliminate the restriction or ban, you should give logics to remove the undesirable title and eliminate the restriction or ban. The logic is given to convince the department to remove the ban restriction and undesirability title.

You should give logic that have convincing power, for example, your visa expired because you had to visit a family member. Or you were suffering from health issues, or contract issues, etc.

If you have a poor history of overstaying or any health condition, even then you can appeal for overstay.

According to the law under 2014 amendment and directive 9, regulation 27(3) with section 30(1)(h):

  • If any candidate applies for the extension of the current visa and the application for renewing the visa is under process, then the candidate will not be allowed appealing for overstay and declared as an undesirable person.

THINGS TO DO

  • Immigration officers can charge fine to any visitor whose visa is expired or overstay. If any foreigner wants to expend some more days in South Africa, then they should do the right job and permit to go against the law of the country.
  • They can also approach NEW world immigration for help in visa overstay and save themselves for payment of a heavy fine.

Tourist overstay visa

In case you want to extend your tourist visa you need to apply 60 days earlier to the expiry date. Because a visit visa usually lasts 90 days and if tourists want to stay more than 90 days, they must extend the visa through a visa extension.

Some important information for regular tourists

For some travelers, South Africa is more than just a tourism point, it is home for them. The case in which travelers wants to live in South Africa permanently instead of tourism, this case is handled by the home affairs department. In this case, their time is reduced, or their entry is not accepted.

Visit Visa Extension Application --- Regulations

Application for overstay extension is not mandatory for everyone. It depends on the department of home affairs, whether they accept the application or reject it. For extension, tourists must give a written explanation.

Visit Visa Extension Application --- Appeal

Application for overstay extension is registered physically at the Home Affairs Department; otherwise, travellers have an option that they may take advantage of a registered immigration practitioner.

Visit Visa Extension Application --- Too much stay

There is just one chance to apply for a visa extension. In layman's terms, the previous visa is capable of extension in time. If you want more extension twice in addition to the previous extension so you are not granting the permission and you have to live South Africa before the due date.

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