6

My entire family was given a ban for overstaying in South Africa by 20 days, but it doesn't say anywhere on the papers we were given that it is for 12 months. Please advise how long the ban lasts.

6

If this was the first time you have overstayed since the rule change in 2014, your ban is likely to be for 12 months (and, if not, the following should let you determine its length).

According to the Department of Home Affairs Government Notice No. R. 413 of 22 May 2014:

[excerpted from numbered pages 36-37]

Undesirable persons

27.(1) For the purposes of subregulation (3), a time is calculated as days during a year for which the period of overstay is calculated from the date of expiry of the last valid visa.

(2) The Director-General may declare a foreigner who falls within a category listed in section 30(1) of the Act as undesirable on Part A of Form 19 illustrated in Annexure A.

(3) A person who overstays after the expiry of his or her visa, as contemplated in section 30(1)(h) of the Act, may-

(a) in the case of a person who overstays for a period not exceeding 30 days, be declared undesirable for a period of 12 months;

(b) in the case of a person who overstays for the second time within a period of 24 months, be declared undesirable for a period of two years; and

(c) in the case of a person who overstays for more than 30 days, be declared undesirable for a period of five years.

The Department of Home Affairs has an appeals process.

Persons who are declared undesirable persons in terms of Section 30(1)(h) read with 50(1) of the Immigration Act, no 13 of 2002 as amended (no. 13 of 2011) must submit the written representative as indicated below:

The following documents must be submitted:

  1. Written representation
  2. A copy of the declaration of undesirability (form 19) that was issued at the Port of Entry
  3. Copy of the relevant pages of the passport, including bio page
  4. Acknowledgment of receipt( in cases where the applicant has applied for a permit and the status is still pending)
  5. If the applicant overstayed due to medical reasons a medical certificated must be submitted.

The appeal must be e-mailed to: Overstayappeals@dha.gov.za

For confirmation that the appeal has been received applicants may contact IMS Deportations at 012 406 4985

3

Here you go from IMMIGRATION ACT, 2002 IMMIGRATION REGULATIONS and updated in 2014:

(2) The Director-General may declare a foreigner who falls within a category listed in section 30(1) of the Act as undesirable on Part A of Form 19 illustrated in Annexure A. (3) A person who overstays after the expiry of his or her visa, as contemplated in section 30(1)(h) of the Act, may- (a) in the case of a person who overstays for a period not exceeding 30 days, be declared undesirable for a period of 12 months; (b) in the case of a person who overstays for the second time within a period of 24 months, be declared undesirable for a period of two years; and (c) in the case of a person who overstays for more than 30 days, be declared undesirable for a period of five years.

So you have a 12 month ban.

protected by Community Aug 6 '18 at 13:21

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