22 Dec What Happens If My Visa Expires
Are you planning to travel to South Africa to visit your family for the holiday season? Note that you need to be aware of what will happen if your visa expires while you are still in the country. A visa issued for a visit for tourism or business purposes is valid for a period of 90 days. If you’re overstaying a visa in South Africa, knowing how to fix it legally is your best next step.
When those 90 days are up, your visa will expire, and if or when this happens, you will become an illegal foreigner, which will ultimately lead to an automatic ban and being declared an undesirable person, affecting your future travels and residency. If you remain in South Africa after your visa has expired without having applied for renewal, you are considered to be overstaying and staying unlawfully. An overstay of thirty days or less will lead to a ban of one year, and an overstay of over thirty days will lead to a five-year ban. At present, there is no option to pay a fine.
What Will Happen When You Stay in SA After Your Visa Expiry
Overstaying your business visa, study visa, or visitor visa can result in being classified as an undesirable person. This designation leads to an automatic re-entry ban ranging from 1 to 5 years, depending on how long you overstayed. If you leave South Africa after an overstay, you will not be able to return to South Africa until the ban is uplifted, even if the time period has prescribed.
On the bright side, you can appeal this decision if you have good cause, but this will need to happen within 10 days of departure by demonstrating that overstaying was not intentional or negligent. Appeals are done via email to overstayappeals@dha.gov.za.
What Would Happen If You Applied for an Extension Before Expiry
If your visa expires, but you have already applied for an extension, and your application is still under review, you are allowed to remain in South Africa until a decision is made. However, it is advisable not to travel outside of the country while your extension application is pending, as leaving South Africa may result in you being declared undesirable upon your return.
What are your Options?
If you find yourself in an irregular immigration status, it’s important to know what your options are.
You can contact the South African immigration authorities and explain your situation and seek guidance on how to regularise your status. In some exceptional cases, you might be able to apply for an extension or renewal of your visa even after it has expired by making an application for good cause through a local Department of Home Affairs office. This is a possibility if you can demonstrate that you were unable to apply on time due to circumstances beyond your control.
The Director-General of Home Affairs may authorise you to remain in South Africa legally while your application for your new status is being processed by issuing you with a ‘Form 23’.
You should avoid overstaying your visa, being labelled as undesirable, and steer clear of bans. Apply for a visa extension timeously before your current visa expires to ensure that you remain in the country legally while waiting for the decision. If you have already overstayed your visa, contact the immigration authorities immediately to discuss your options.
If you find yourself in this situation, CONTACT US. Our team of dedicated attorneys at June Luna Immigration Attorneys today, as prompt action and communication with immigration officials are crucial to minimise the chances of facing negative consequences that will impact your future travel or residency plans.