Present in South Africa on an expired visa? What to do next
This article focuses on foreigners present in South Africa on expired visas and applying for a “Good Cause Letter.”
NOTICE: Kindly be advised that we are currently unable to assist with any Authorisation Applications at present. Unfortunately, the DHA is routinely rejecting these applications (regardless of the circumstances). As such, such matters often require judicial (court) intervention to resolve. Therefore, we recommend that you contact a reputable law firm specialising in immigration matters to assist you with resolving your matter.
The content of the article below remains unchanged in order to remain a source of information to help affected individuals better understand the issue(s) they may be facing.
We thank you for your understanding and wish you the best with your matter. Please do not hesistate to contact us regarding any other immigration matters you may be experiencing.
What is a Good Cause Letter?
The South African Immigration Act1 stipulates that a foreigner shall leave South Africa before the expiry of their visa or they will be declared an “undesirable person”.
In situations where departure before visa expiration is not feasible due to unforeseen circumstances, such as illness or flight cancellation, individuals may find themselves unable to leave South Africa before their visa expires or applying for a visa renewal. In such cases, section 32(1) of the Immigration Act allows foreigners to apply to the Director-General of the Department of Home Affairs (“DHA”) for authorisation to remain in South Africa “pending their application for a status.”2
The authorisation granted by the Director-General, commonly known as a “Good Cause Letter” or “Form 20,” provides the holder with permission to submit an application for a new South African visa through VFS without the need to depart the country and risk being declared “undesirable.”
How do you apply for a Good Cause Letter?
The application for a Good Cause Letter, known as an “Authorisation Application,” involves requesting the authorisation outlined in section 32(1) of the Immigration Act. While there isn’t a specific format mandated for these applications, the Immigration Regulations offer guidance on what should be included in an Authorisation Application.
Regulation 30(1) directs that anyone applying for authorisation must:
- Demonstrate, in writing, that they were unable to apply for a new visa or depart before their previous visa expired due to matters beyond their own control, and;3
- Prove to the Director-General that they are in a position to immediately apply for a new visa once authorisation is granted.4
In simple terms, Regulation 30 stipulates that individuals applying for a Good Cause Letter must provide detailed written representations explaining why they were unable to apply for a new visa or depart South Africa before their previous visa expired, demonstrating “good cause” for their circumstances.
Additionally, applicants must demonstrate their eligibility for and readiness to immediately apply for a new visa by including copies of the required documents for the visa they qualify for.
These written representations and supporting documents must be submitted in person by the applicant to the nearest DHA office with an Immigration Department.
Upon submission, the applicant will receive a Form 23 as proof of submission. Possession of Form 23 provides protection against deportation for being an “illegal foreigner.”
How long does an Authorisation Application take?
Presently, these applications may take anywhere from 4 to 12 months to receive feedback from the DHA.
Throughout this period, applicants will likely be required to report to the DHA office where they submitted the application on a monthly basis to have their Form 23 stamped. This stamping serves as ongoing proof of their submission and helps to ensure their continued legal presence in South Africa during the processing period.
How likely is it that the application is successful?
Regrettably, it’s common for the initial application for a Good Cause Letter to be rejected by local DHA offices. Lower-level DHA officials often appear hesitant to grant authorisation and usually prefer to defer the decision to Head Office officials in Pretoria.
As a result, applicants typically endure a waiting period of several months for the initial application to be processed, only to receive a rejection letter. However, once rejected, applicants have the option to submit a Good Cause Appeal directly to the DHA Head Office via email. Appeals tend to yield higher success rates in obtaining the authorisation needed.
Your Good Cause Letter was granted. What next?
It’s important to note that the approval of an authorisation application does not confer a valid status in South Africa to the applicant. Instead, it authorises them to apply for a new visa.
Upon receiving the Good Cause Letter, the next step is to proceed with submitting a new visa application through VFS in South Africa, ensuring inclusion of a copy of the Good Cause Letter as part of the application process.
Important notes
Given the extended duration required to obtain a Good Cause Letter, it’s crucial to be prepared for an indefinite stay in South Africa. Departing the country while awaiting the outcome of your application will result in being declared an “undesirable person” and receiving an immigration ban. Additionally, your Good Cause application will be considered abandoned by the DHA and will not be attended to.
Due to the protracted processing time, this application is not advisable for individuals without strong ties, such as family or employment, in South Africa. In such cases, it may be more prudent to depart South Africa and pursue an Overstay Appeal, as these tend to be resolved more swiftly.
It’s important to understand that meeting the DHA’s criteria for “good cause” is exceedingly challenging. Therefore, it’s recommended to only pursue this application if circumstances clearly demonstrate events beyond your control led to your current situation.