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Home Affairs gets tough on expired visas

Source: Parliament, 22/02/2016

Fines for expired visas not working…
Now that Parliament has resumed it will not be long before for the
Portfolio Committee on Home Affairs considers public comment and
input on amendments to the Immigration Act re-defining what the
Department of Home Affairs (DHA) terms as "inadequate sanction on
foreign persons who remain in South Africa after their visas have
expired".
The Committee is responding to the fact that it is the Minister`s
opinion that fines on foreigners who overstay their welcome were not
serving as a sufficient deterrent to cease the regular practice of
non-residents to continue their stay beyond the expiry date of their visa.

Troublesome clause
Section 30 of the 2002 Immigration Act has already been amended a
couple of times regarding either the wording itself, which has not
stood up in court, or, in the opinion of the DHA is now insufficient
in itself as a deterrent to the practice.

The wording of the last amendment had led to various interpretations
and to quote the government gazette on the issue, "some holding the
view that a foreigner must overstay a number of times to be declared
undesirable while others hold the view that one instance of
overstaying would result in a declaration of undesirable."

Another way
The issue has now been approached in a different manner, which as far
as can be established would deny the holder ever returning to SA
unless agreed to by the Minister. The proposed changes amend the
anchor Act so that foreigners who overstay after the expiry of their
visas do not qualify for a port of entry visa, a visa, admission into
South Africa or a permanent resident permit during the relevant
prescribed period.

This would seem to establish that the offending foreigner has no
status as a visa holder at all when it expires and that person
immediately becomes an undesirable entrant by definition as any
conditions of entry no longer apply. The implications of being
declared an undesirable entrant under these circumstances will be debated.

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