Status Legalisation South Africa
Overstay matters, prohibited status, waiver applications, and remedy planning.
Addressing an
Adverse Immigration Status
If you have been declared prohibited or have overstayed your visa, we can help you understand your legal recourse and navigate the status legalisation process effectively.
These matters can be time sensitive. Choosing the correct remedy will lead to the fastest resolution.
We Assist With
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, through a comprehensive appeal, 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. Even 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.
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 own 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.
If you have received a ban for overstaying your visa and the ban has lapsed, the ban will not automatically lift. You must first apply to have the ban uplifted.
Once you receive written confirmation from Home Affairs, in the form of an upliftment letter, you may proceed to apply for a visa or plan a trip to return to South Africa
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 of an appeal.
If you have previously been deported from South Africa, you may apply to be rehabilitated after a period of four years.
Start With
a Proper Assessment
Bring your passport, correspondence from the Department and a history of your applications. We’ll assess the safest and most effective route.