Ban / Prohibition Upliftment
Where one has been banned from South Africa due to the overstay of their visa or having been in possession of a fraudulent document (“V-Listed”), this may be remedied through an appeal application submitted to the relevant at the Department of Home Affairs section. Overstay and V-Listings are considered separate offenses, but each will require substantial motivation as to why one’s name must be cleared to be allowed to return to South Africa.
Unveiling Visa Overstays and Appeals
Following the Immigration law change in 2014, foreign nationals who have stayed in South Africa beyond the expiry of their visa and intends to leave the country, will be declared undesirable and banned from South Africa for a period between one (1) to five (5) years (dependent of length of overstay). Upon leaving South Africa, you will be issued with a DHA-Form 19 outlining the discretion and period you will be banned out of South Africa for.
A foreigner who has been banned, may apply to appeal the overstay/ban within ten (10) days of receipt of notice, by providing concrete and compelling motivation with proof as to what led to the overstay.
This appeal application must:
Be submitted electronically via email to the Department of Home Affairs’ Overstay Department.
Demonstrate good cause as to why s/he remained in South Africa after his/her visa expired such as:
A medical issue
A pending outcome with the Department of Home Affairs but they had to leave the country urgently.
Motivate the reasons for overstaying was beyond their control and prevented them from either renewing their visa- or leaving the country in time.
Show prejudice that they would suffer if they were not allowed to return.
The applicant will need to remain outside of South Africa until the Department of Home Affairs processed the appeal application and approved same. A letter confirming the upliftment will be provided and which is to be shown at the ports by time of re-entry.
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V-Listing Upliftment
When a foreign national departs South Africa and has been issued with a Form-37 and a stamp in his/her passport indicating ‘V-List’, then s/he has been prohibited and banned from applying for a visa, or re-entering the country as s/he was in possession of a fraudulent document and is now considered as a ‘prohibited person’.
Who are prohibited persons?
In terms of the Immigration Act 13 of 2002, as amended, the following persons will or are be prohibited from securing a South African visa and will not be allowed into the country:
a) Those infected or carrying infectious, communicable or other diseases or viruses.
b)Any person who has a warrant outstanding or a conviction has been secured in the Republic or a foreign country in respect of genocide, terrorism, human smuggling, trafficking in persons, murder, torture, drug-related charges, money laundering or kidnapping.
c) A person previously deported and not rehabilitated by the Director-General.
d) A member of or adherent to an association or organisation advocating the practice of racial hatred or social violence.
e) A person who is or has been a member of or adherent to an organisation or association utilising crime or terrorism to pursue its ends.
A person found in possession of a fraudulent visa, passport, permanent residence permit or identification document.
