How do South African immigration bans work and what are “Waiver Letters”?
This article explains how South African immigration bans work, what a Waiver Letter is, and how Iustitia can help you obtain a Waiver Letter after serving your ban period.
How do South African immigration bans work?
Before mid-2014, when someone overstayed their visa they were able to pay a fine to have their immigration status cleared and they would be allowed to return to South Africa.
However, following amendments to the Immigration Regulations in 2014, it is no longer possible to pay a fine when you overstay your visa. Now, when someone overstays their visa’s validity and departs South Africa, they receive a ban from returning to South Africa for either 1 year or 5 five years, depending on how long they overstayed.
If you overstay your visa by less than 30 days, you will receive a 1 year ban.1 If you overstay by longer than 30 days, you will receive a 5 year ban.2
Due to upgrades to the Department of Home Affairs‘ (“DHA”) IT systems, these bans are attached to your personal details (such as your full names and date of birth), and no longer just to your passport number. This means that even if you change passports or use the passport of a different country (dual nationals), the ban will still affect you. Before these upgrades, it was often possible to circumvent the ban by using a different passport.
What happens once my ban period is over?
It’s a common misconception that once the ban period (either 1 or 5 years) has elapsed, individuals are automatically permitted to return to South Africa. However, this is not the case. Immigration bans do not expire automatically upon completion of their term, which may seem counterintuitive.
After the ban period ends, individuals must proactively contact the DHA to request a letter confirming the clearance of their ban and their freedom to re-enter South Africa.
These letters, often referred to as “Waiver Letters,” serve as official documentation of the removal of all types of bans, including Overstay and Prohibited bans. It is crucial to obtain a Waiver Letter to ensure a smooth re-entry process into South Africa.
How long does it take to obtain a Waiver Letter?
Navigating the processes with the DHA can often be characterised by varying timeframes, and obtaining your Waiver Letter is no exception. The duration for receiving your Waiver Letter can be highly inconsistent, ranging from a few days to as long as 3-6 months. This timeframe hinges on the DHA’s workload at the time your request is received.
Given this unpredictability, we advise individuals previously banned from South Africa due to visa overstay to reach out to us promptly upon ban expiration or as soon as possible if it has already expired.
Our team can assist you in initiating the process and navigating the complexities involved in obtaining your Waiver Letter from the DHA. Early engagement ensures proactive management of your re-entry into South Africa and minimises potential delays.
What documents and information will Iustitia need from you to request your Waiver Letter?
- A copy of your current passport bio page.
- A copy of the bio page of the passport you were using when you received the ban (if different from your current passport).
- A copy of the entry and exit stamps in your passport from when you received the ban.
- A copy of the “Declaration of Undesirability” (Form 19) letter you were given when banned (if you are still in possession of it).
How can Iustitia assist with obtaining a Waiver Letter?
Once you’ve furnished us with the requisite documents outlined above, we’ll take charge of preparing the Waiver Letter request and submitting it to the DHA on your behalf.
As previously mentioned, the processing time for the request can vary, but rest assured that once we receive your Waiver Letter from the DHA, we’ll promptly reach out to you. We’ll communicate the outcome to you and provide all necessary information regarding the status of your Waiver Letter. Your satisfaction and peace of mind throughout this process are our top priorities.
Contact us today to help you obtain your waiver letter.