If you have received a ban or negative outcome from the Department of Home Affairs, we can help you understand your legal recourse and navigate the status legalisation process effectively.
Lee and Truter Attorneys can assist you with overturning your ban and appealing to the Department of Affairs.
Overstay Appeal
You may be declared an ‘undesirable person’ for several reasons, including that you have overstayed your visa. If your visa has expired, you may be declared undesirable upon departure and you will be banned from re-entering or applying for a temporary residence visa or permanent residence permit.
If you can show good cause for the overstay, the Department of Home Affairs may overturn your ban, allowing you to return to South Africa on a valid visa. Once your ban has lapsed, you will have to apply for a waiver letter as you will not automatically be allowed re-entry.
A ban may be issued for a maximum period of five years and you will have to remain outside of South Africa for the duration of the overstay appeal and subsequent visa application process.
Prohibited Appeal
You may be declared a ‘prohibited person’ for several reasons; however, the most common is that you were found in possession of a fraudulent visa or permit.
Prohibited persons are banned from South Africa for an indefinite period unless your prohibited status is overturned by the Department of Home Affairs by means on an appeal.
If you have previously been deported from South Africa, you may apply to be rehabilitated after a period of four years.
Waivers
You may apply to the Minister to waive any requirement related to a visa or permanent residence application. You will have to provide a valid reason for why any requirement in terms of the law should be waived.
A common reason for waiver applications includes a waiver to omit the required certification from the Department of Labour for a General Work Visa or the required investment in the amount of ZAR 5 million for a Business Visa.
Authorisation Applications
If you are in South Africa and your visa has expired, you will have to make an authorisation application to legalise your stay and avoid deportation or being banned on departure. You will have to prove that you failed to make an application due to reasons beyond your control and show that you are in a position to immediately apply for a visa.
Authorisation applications are complex, but it is the only pathway to status legalisation from within South Africa.
Appeals and Litigation
If you have received any negative decision from the Department of Home Affairs, you may appeal the decision. You will have two chances to appeal and, if you still receive a negative decision, you may need to consider litigation in the High Court.