OVERSTAY APPEAL

What is it?

Foreigners who overstay their visa will be declared as undesirable and banned from South Africa for a period of minimum 12 months. However, this declaration as undesirable can be appealed if the person overstayed through no fault of their own or if there is good cause for the late departure.
  • The applicant must be able to demonstrate good cause for having overstayed their visa.
  • The appeal must be lodged within 10 working days of being declared as undesirable, which is typically 10 working days from the date of departure.
  • A person who overstays for a period not exceeding 30 days will 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, the ban will be declared for a period of 2 years.
  • A person who overstays for more than 30 days will be banned from South Africa for a period of 5 years.

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