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Legalization process for illegal foreigner to remain in the Republic of South Africa pending an application for Status

Source: Regulation 30, 09/05/2024

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.

On receipt of the written motivation for good cause Ihe immigration offices will interview the illegal foreigner and obtain Ifie necessary documentary/ proof collaborating good cause .The immigration Office must issue illegal foreigner with a notice to report (|DHA 721 Form 23) to enable the immigration officer to confirm the authenticity of the supporting documents submitted for good cause.

Once the investigation has been concluded, a report must be prepared by the immigration officer and sent to the Office Head who should then forward the report to the District Manager Operations/ Director: immigration Services lo indicate if he or she supports the recommendation. Finally, the report with the recommendations of the District Manager Operations / Director: Immigration Services must be transmitted to the Provincial Manager or, if the matter is at Head Office, to the Chief Director: Inspectorate, for a decision and signing Form DHA-1759 (Form 20), The Provincial Managers are delegated with the powers to authorise the illegal foreigner lo remain in the Republic pending his or her application for status and to issue DHA-1759 (Form 20).

When he Immigration officer receives a positive decision he/she will inform the illegal foreigner of the decision and hand over to the illegal foreigner the DHA 1759 (Form 20) and advise the illegal foreigner to approach the Visa Facilitation Service Cenlre to apply for the relevant visa.

Where Ihe Provincial Manager did not approve the application for authorisaton to remain in be Republic, the immigration officer must follow the prosecution or deportation processes for dealing with an illegal foreigner.

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