Below is How To Fix Overstayed Visa In 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.
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.
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 canceled 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.
- 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 Affairs.”
If anyone goes through with the title of an undesirable person or is 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 logic 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 has 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.
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, travelers 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 extensions twice in addition to the previous extension so you are not granting permission and you have to live in South Africa before the due date.
How much do you pay for overstaying in South Africa?
Immigration officials have been instructed to find any foreigner who has overstayed and as mentioned fines are ranging between R 2,500.00 to R 3,000.00 for overstaying.
If you are planning to spend an extra few days in South Africa, rather do the necessary work and avoid being illegal in South Africa.
What happens when you overstay your visa in South Africa?
In addition, they will also be given the status of “undesirable person”. In the event that a traveler overstays their visa for more than 30 days, the ban period will be at least 5 years.