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.
www.samigration.com V.2621

One of the highlighted topics: Critical Skills Visa.

- Key Insight: Is your profession on the Critical Skills List? This visa is your fast track to working in South Afr...
- This matter relates to critical skills visa and its broader implications.
- Individuals are advised to seek professional guidance.

Is your profession on the Critical Skills List? This visa is your fast trac V.6139
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One of the applicants, Phindile Mazibuko, became a victim of identity theft in 2012 when fraudulent transactions occurred, using her personal details.

-The Pretoria High Court found that the department of home affairs had violated constitutional rights without due process.
-Only half of Lawyers for Human Rights` test group has been unblocked, while 385 000 identities remain blocked nationwide.
-LHR appeals extension, urges affected people to seek help now.

Lawyers for Human Rights (LHR) are intensifying pressure on the department of home affairs over the national ID-blocking crisis, accusing the state of acting too slowly to unblock qualifying individuals despite a landmark court ruling.

In January last year, the Pretoria High Court found that the department`s practice of blocking IDs without due process was unlawful and unconstitutional. One of the applicants, Phindile Mazibuko, a Swati citizen and South African permanent resident since 1998, fell victim to identity theft in 2012 when fraudsters used her personal details.

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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6128
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6129
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A Washington state mother and her 6-year-old son have been released after spending more than three weeks in US immigration detention due to a brief trip to Canada and a small paperwork mistake, her attorney told CNN on Saturday.

Sarah Shaw, a New Zealand citizen who has lived legally in the US since she arrived in 2021, was detained at the Blaine, Washington, Customs and Border Protection checkpoint when returning home after dropping her two oldest children off at the Vancouver airport for a flight to visit their grandparents in New Zealand. Shaw, 33, chose the flight out of Vancouver because it was direct and she didn`t want her children to have to navigate a layover alone, her attorney Minda Thorward, told CNN.

 V.6130
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On 22 July 2025, the Gauteng High Court dismissed Sitrusrand Boerdery`s review of the Department of Employment and Labour`s refusal to issue a Working Conditions and Salary Benchmarking Certificate, an essential precondition for obtaining corporate visas under the Immigration Act.

Acting Judge Kekana AJ held that the Department`s decision was lawful, rational and procedurally fair. This judgment illustrates how businesses can - and must - structure their corporate visa applications to meet statutory requirements, and how legal practitioners should prepare robust review challenges when administrative authorities decline to recommend foreign-work permits.

 V.6131
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The United States could forfeit an estimated 9.4 billion dollars in visitor spending over the next three years following the introduction of a new 250 dollars `visa integrity fee,` according to industry groups, who warn the policy risks undermining tourism and costing thousands of jobs.
The United States’ decision to introduce a 250 dollars `visa integrity fee` on international visitors has triggered sharp criticism from the global tourism industry, with officials warning that the measure could deter millions of travellers and cost the U.S. economy billions.
The 250dollar `visa integrity fee,` part of the One Big Beautiful Bill Act signed on July 4, 2025, will take effect later this year. According to immigration law firm Envoy Global, it applies to all nonimmigrant visa holders which include students, tourists, temporary workers, and business visitors particularly from African countries. V.6132
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The Border Management Authority (BMA) has doubled its staff at Airports in South Africa , including immigration officers.

What does this mean for travelers? V.6127
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1. Right to Legal Representation•You have the right to consult with a legal representative.•Contact an immigration practitioner, legal aid clinic, or attorney urgently.•Do not sign any documents without understanding them fully. 2. Section 34 of the Immigration Act•You must be brought to court with 48 hours to confirm arrest but you can remain locked up very long as courts figure out what to do with you •If you`re found to be illegally in South Africa, you may be detained for up to 30 days (extendable by a magistrate) pending deportation.•BUT this cannot happen arbitrarily. You must be informed of your rights, and Home Affairs must follow due process.- becomes a nightmare , you could lose your job , business , place to stay V.6121
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Driving for Bolt, Uber, Mr D, or Checkers Sixty60?If you`re undocumented, you`re risking more than just your income.The Risks if You`re Not Legal: - Vehicle impoundment - Heavy fines - Arrest & deportation - Permanent bans from working in SA V.6122
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