Overstaying one’s visa is a common occurrence among people who applied
to extend their visa in South Africa and said visa not issued in time
for travel .
In recent months overstaying one visa has moved from being a minor
inconvenience to a possible criminal offence with potentially serious
ramifications. The changes brought about by the new immigration laws
have made overstaying ones visa a very serious affair which needs a
careful and smart approach to remedy.
Let us now explore the effect of overstaying ones visa and what steps
to take to correct this now serious matter.
Effect of an overstay
An individual who remains the republic after his or her visa has
expired is in violations of the Act. The immigration Act describe such
individual as illegal Foreigners. Illegal foreigner are dealt with in
terms of section 32 which provides:
32(1) any illegal foreigner shall depart, unless authorised to do so
by the director general as well as any illegal foreigner shall be
deported.
The seriousness of an overstay is clear from the section, anyone who
is considered an illegal foreigner must be deported and there are no
exceptions. In addition section 49(1(a) makes it a criminal offence to
remain in the republic in contravention of the Act and on conviction
the penalty is imprisonment for a period of not more than 2 years or a
fine. In addition section 30(1) (h) renders one departing the republic
on an expired status an undesirable.
Legalization of an Overstay
Section 32(10 read with regulation 30 provides for a mechanism to cure
an overstay a potentially avoid any sanction for the overstay. This
process is commonly referred to as legalisation and is given
expression in the

following section:
(a)Demonstrate, in writing ,to the satisfaction of the Director
General that he or she was unable to apply for such status for reasons
beyond his or her control and;
(b)Submit proof to the Director General that he or she is in a
position to immediately submit his or her application for status.Reg
30(2) The Authorization to remain in the Republic as contemplated by
section 32(1) of the Act shall be granted on Form 20….
In order to legalise an overstay 3 points must be complied with.
1.You must neither be arrested for purposes of deportation nor be
ordered to leave. Both instances occur when you have been detected by
Home affairs officials. Therefore you can only avail yourself to
legalisation if you have not been detected by immigration enforcement
officials.
2.Demonstrate in writing, commonly referred to a good cause. The
applicant must demonstrate that the overstay was not intentional but a
consequence of factors beyond the control of the applicant? It is not
enough to simply overstay for no justifiable reason and approach the
Director General where no good cause exists.
3.The applicant must show that he or she is in a position to submit
his or her application for a status immediately upon being granted the
authorisation.
Once the authorisation is given it will be issued to the applicant on
a form 20. The applicant then uses the form 20 to apply for the visa.
If you require assistance with Uplifting the Overstay ban and or
Legalization and have any questions on the topic please feel free to
contact our offices for specialist advice. V.2524

Regulation 30(2j of the Regulations deals with the authorisation for an illegal foreigner to remaln in the Republic pending an application for status. The procedure for issuance for the aulhorisation (on DHA-1759) (Form 20) should be as follows: When an illegal foreigner whose visa has expired and ¢could not apply in time as provided for in Ihe Regulations for extension or renewal of his or her visa at the Visa Facilitation Service Centre, due to circumstances beyond his or her control, he or she should be referred to the Inspectorate (at any Home Affairs Office) to determine whether or not good cause exists as to why he or she could not apply on time. V.5340
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Table Of Contents 1. What It Means to Be a South African Citizen 2. Benefits of South African Citizenship 3. South African Citizenship by Descent 4. Who Qualifies for South Africa Citizenship by Descent 5. South Africa Citizenship by Descent: Requirements 6. How to Apply for Citizenship Through Descent 7. Getting a South African Passport 8. Other Paths to Citizenship in South Africa 9. Dual Citizenship 10. South Africa Citizenship by Descent: The Wrap-Up 11. FAQs V.5341
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The gridlock affecting work-permit applications in South Africa is limiting expansion by German companies in the country and threatening operations that support 100,000 jobs, an industry association said. While South Africa is taking steps to improve an approval system and make it easier and quicker to get permits, the snarl-up that was exacerbated by the Covid-19 pandemic has limited the entry of skilled workers into a country that has a dire shortage of them. Between 2014 and 2021 only 25,298 skilled-worker permits were approved by the country, which has a population of 60 million. V.5339
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In exciting news for digital nomads, South Africa will launch a new digital nomad visa featuring two categories: a remote working visa and a critical skills visa. These visas aim to attract remote workers and skilled professionals globally as part of South Africa’s efforts to position itself as a global hub. Once put into action, this move will establish the country as only the fifth African nation offering this kind of visa to people who spend long periods working in different countries. V.5338
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The Home Affairs official was accused of selling passports at R3,000 to foreigners A 34-year-old former Department of Home Affairs employee will spend the weekend behind bars after being arrested on fraud and corruption charges. Malusi Mlondo appeared briefly in the Durban Specialised Commercial Crime Court on Thursday and was remanded in custody. V.5329
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Home Affairs Minister Aaron Motsoaledi said the arrest demonstrated the department`s zero-tolerance against corruption. • A Department of Home Affairs employee in Limpopo was sentenced to an effective eight years in jail for fraud and corruption. • NPA spokesperson Mashudu Malaba-Dzhangi said Amos Ngwenyama accepted R1 000 to fraudulently issue a birth certificate. • Minister Aaron Motsoaledi said the sentencing demonstrated the department`s commitment to tackling corruption. V.5330
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A United Kingdom (UK) citizen - who laid a criminal charge of corruption against a Home Affairs official who wanted R60 000 to renew the retirement visas of him and his wife - is still waiting for the police probe to show results. He is also still waiting for the visas he applied for in 2022. A United Kingdom (UK) citizen - who laid a criminal charge of corruption against a Home Affairs official who wanted R60 000 to renew the retirement visas of him and his wife - is still waiting for the police probe to show results. He is also still waiting for the visas he applied for in 2022. V.5331
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With just a few weeks to go until the 2024 elections, the Department of Home Affairs has publicized the nation`s identification document (ID) process. The department acknowledges the critical role of voter identification in facilitating participation and ensuring electoral fairness. Delays and inefficiencies at Home Affairs have historically impeded the democratic right to vote, particularly affecting those in rural areas. V.5332
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SAUDI VISA FOR AFRICAN CITIZENS South Africa is not among the countries exempt from Saudi Arabia visa requirements, therefore a Saudi Arabia visa is required. South Africans need a current visa to travel to Saudi Arabia lawfully. South African citizens can obtain a Saudi electronic visa. Saudi Arabia is located in the Middle East. The eVisa is an electronic visa that permits citizens from approximately 50 countries to travel to Saudi Arabia for tourism. V.5333
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I recently renewed my passport at Home Affairs in a bank branch and was very impressed with the service and quick turnaround time. The Department of Home Affairs (DHA) and major banks first launched the option to do Smart ID card and passport applications via select bank branches in 2016. It has slowly grown to around 30 locations, including branches from Absa, Discovery Bank, FNB, Investec, Nedbank, and Standard Bank. V.5334
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