At the end of May 2022, I received a one-year ban due to overstaying by one day. The document that was issued to me clearly states that the ban will be lifted on May 31st, 2023, and it includes an expiration status signed by the immigration supervisor. I have had no luck in getting confirmation from the Department of Home Affairs, but the documentation seems very clear. Can I be confident that the ban has been lifted from their system? If it has not been lifted, will the documentation I possess suffice on the day?
2 Answers
You have to remember that even if the ban was lifted (so you are no longer formally barred from getting a visa or being granted entry), you still have a red flag in your file: anyone examining your application will see this and can decide you cannot be trusted, and deny the visa or entry.
In this case, you have a very small overstay, and I suppose you left voluntarily and spontaneously, so this should have a limited impact, but it all depends on the strength of your application. If you were borderline, then it would probably count a lot. If you have a strong application, then they are more likely to disregard it.
It’s probably a good idea not to apply for a new visa or entry right after the ban expired. Likewise, don’t plan for a stay anywhere near the maximum allowed time.
If you are from a country which does not usually require a visa, it may be a good idea to apply for one anyway. Better to get a refusal while you are at home than to be sent back at the border.
But again, only if you can present a very positive picture (very strong, clear, explicit and documented ties to your home country, mostly). Anything that smells of desperation to go back, or even a “need” to go back for any reason, may trigger a refusal. Remember that your situation will quite obviously be examined a lot more closely than it would for a “regular” visitor.
Honestly, I would be in your shoes, I would forget about SA for a few years, visit other countries and build a history of uneventful visits before going back.
The ban won't automatically be lifted even after it has expired. You'll need to contact the home affairs office for a waiver letter to confirm the ban is lifted from your name. You'll need that waiver letter to show the airline incase they ask for it before they allow you to board. I suggest you contact an immigration lawyer since it might take forever to receive a response from home affairs.
I got banned from entering South africa for 5yrs. I overstayed for over a month on medical grounds.
I contacted an immigration law firm who filed and assisted with having my ban lifted. I re-entered the Republic 3 days ago and I didn't have any issue with the airline nor with the immigration.
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1how long did it take to have your ban lifted through lawyers? Commented Oct 25 at 21:24
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