UNDESIRABLE STATUS

Section 30(1) of the Immigration Act, read with Regulation 27(3) of the Immigration Regulations provides that a person who overstays the validity of their South African visa will be declared as an ‘undesirable person’. The period for which the declaration is issued is determined by examining the period the person has overstayed the validity of their applicable visa.

THE NEGATIVE IMPACT OF UNDESIRABLE STATUS

With the introduction of the Immigration Regulations in 2014, the Department of Home Affairs through the Border Management Authority, have implemented more stringent sanctions to those who overstay the validity of their visa. In terms of the Immigration Act, any foreigner national may, , be declared as an undesirable person by the Director-General of Home Affairs if he or she has overstayed the period allows for in terms of his or her South Africa visa. The particular circumstances of the foreigner national are very rarely taken into account when the declaration is issued, which leaves the person in a position that they are unable to return to their family’s and/or employment in South Africa.