If you need a ban upliftment on your passport, you will be glad to hear that Breytenbachs can assist.
Therefore, if you have a ban on your passport, for not adhering to South African visa regulations, all is not lost.
The Importance of adhering to Visa Conditions and having a Valid Visa
Foreign nationals entering South Africa with a visa issued beforehand or who obtain a port of entry visa upon arrival must ensure that they adhere to visa conditions at all times. The visa holder must also ensure that he/she always holds a valid visa while residing in South Africa. Please take the necessary care that you never overstay on your visa.
However, it does sometimes happen that, due to unforeseen circumstances, people are not able to extend or amend their visa status before they exit South Africa.
In such cases, the South African authorities will give written confirmation to the foreign national upon leaving South Africa. They will also mark the foreign national as an overstayer. A ban will be put against such a foreigner, preventing him/her from returning to South Africa for a specific time.
This ban is usually in the form of a stamp in the passport. Unfortunately, a ban on one’s passport can also negatively affect applications for visas to other countries.
We thus recommend that if you have a ban on your passport, that you apply for a ban upliftment.
Ban Upliftment and Ban Periods
Generally, the ban periods are as follows:
- Overstay for a period not exceeding 30 days – banned for 12 months.
- If a person overstays for a second period during a 24-month cycle – banned for two years.
- Overstay for more than 30 days – banned for five years.
It is possible to apply for a ban upliftment. However, the applicant must present written motivation to the SA authorities that he/she was not in a position to apply for a visa before leaving. Alternatively, he/she was not able to obtain the relevant visa before leaving South Africa.
How to apply for an upliftment
Firstly, it is important to note a ban upliftment can take a while.
Furthermore, the outcome and period of finalisation are totally up to the discretion of the SA Governmental adjudicators.
For more information or assistance with your ban upliftment, please contact our SA Immigration Department.