UNDESIRABLE STATUS
Regulation 27(3) provides that a person who overstays in the Republic after the expiry of their visa will be declared as ‘undesirable’. The period of the declaration is determined by examining the foreign national’s period of overstay in the Republic. Foreign nationals who overstay in the Republic for a period not exceeding 30 days will be declared as ‘undesirable’ for a period of 12 months. Foreign nationals who overstay for period exceeding 30 days will be declared as ‘undesirable’ for a period of 5 years. In addition to this, the DHA has also introduced Directive 9 of 2014 (directive) which confirms Regulation 27(3) and stipulates that persons who overstay on their visas will be declared as ‘undesirable’.
THE NEGATIVE IMPACT OF UNDESIRABLE STATUS
The changes within the immigration law from 2014 has implemented a more stringent sanction to those who overstay their visit. Despite the cause or reason for doing so, just a fine will no longer do, refusing entry to South Africa and a ban is repercussions for overstaying one’s visit. According to South African Immigration Act, a foreigner may, therefore, be declared undesirable by the Director-General of Home Affairs if he or she has overstayed his or her South Africa visa.
