News Articles

TIMEFRAMES â€` Temporary Residence & Permanent Residence

Source: Samigration, 13/02/2019


Various Ministers have made promises about service delivery and
made a big song and dance about how they were going to improve the
situation.

However, on the ground, the reality is simply not happening.

It is becoming impossible to predict how long it will take to
process straight forward Visas through the South African Embassies
/ High Commissions abroad. The only advice we can give out to
clients and potential clients is to apply timeously, i.e. well in
advance of their intended departure to South Africa and to also
await receipt of the approved Visa.

This is absolutely critical so as not to have persons running into
problems and companies experiencing issues because a Visa is
taking longer than anticipated.

We also advise that applications for extension of current Visas
from within South Africa should be dealt with timeously. At least
60-90 days prior to the visa’s expiry will be enough time so as
not to put the holder of a Visa in jeopardy and risk an overstay.

It would be best to rather not travel until the new Visa is
granted but if someone needs to travel after the date of the
visa’s expiry and based on the premise that they applied for an
extension and provide proof thereof, they can leave the country
after the expiry date but will certainly be, despite their and our
best endeavours, listed as an overstayer and imposed with a
prohibition or ban from returning to South Africa for a period of
time. This can range from a one year ban for an overstay of up to
30 days, and a five year ban for anything longer than that.

The only remedy available to a person declared an overstayer would
be to apply to the Department of Home Affairs for an appeal
against the overstay, setting out the reasons and rationale for
the appeal. Generally these appeals are successful. The crunch
lies however with how long it takes to process and this could be
anywhere between weeks and months.

Therefore this must be factored into your planning.


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