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How to avoid being declared as an “Undesirable” person in South Africa

How to avoid being declared as an “Undesirable” person in South Africa

How To Avoid Being Declared As An “Undesirable” Person In South Africa


During the last few weeks, New World Immigration consultants have received numerous calls and emails with regards to Home Affairs banning foreigners from South Africa who has overstayed their visa.

To whom is this law unfair?

This new directive has affected applicants who have applied for a renewal or extension before their visa has expired and has waited many months for their new visa to be approved and issued by the Department of Home Affairs.

Previously applicants had the right to leave South Africa using their submission receipt, if they had not received their visa, but the Department of Home Affairs has removed Directive 46 which now means that any applicant leaving South Africa with an expired visa and Submission receipt will be declared “undesirable” even if a renewal has been submitted to the Department of Home Affairs.

How long will they ban me from South Africa?

• In the case of a person who overstays for a period not exceeding 30 days, be declared undesirable for a period of 12 months;
• In the case of a person who overstays for the second time within a period of 24 months, be declared undesirable for a period of two years
• In the case of a person who overstays for more than 30 days, be declared undesirable for a period of five years.

What do I do if I have been declared “Undesirable” upon exiting South Africa?

New World Immigration is assisting any applicant who has been banned from South Africa, provided that the applicant has a pending application at the Department of Home Affairs. New World Immigration can unfortunately not assist applicants who have negligently allowed their visa to expire and thus being declared “Undesirable”. We may assist clients who overstayed their visa due to medical reasons provided that they can produce a doctor’s reasoning.

What Documents do I need to submit to New World Immigration?

The following documents must be submitted:
• Written representation
• A copy of the declaration of undesirability (form 19) that was issued at the Port of Entry
• Copy of the relevant pages of the passport, including bio page
• Acknowledgment of receipt( in cases where the applicant has applied for a permit and the status is still pending)
• If the applicant overstayed due to medical reasons a medical certificated must be submitted.

Please email the above documents to consultant@nwisouthafica.co.za

I have recently submitted my visa application to Home Affairs and my current visa expired? I need to leave South Africa?

New World Immigration urges all clients to remain in South Africa until you have received your visa for now.

According to speculation, Cape Town High Court has declared Directive 9 Illegal, but this may only be confirmed once the court order has been processed.

 

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