a) You must immediately
report to the nearest Home Affairs office to obtain a Form 23. This form will enable you to apply for the Form 20, which is an application for concession from penalty for having overstayed on good grounds. If this is approved for having overstayed on good grounds, they will receive the Form 20. Once you obtain this form, you should apply for the visa renewal as soon as possible through VFS
b) Note: Overstaying is a contravention of the South African Immigration Act. If you choose to depart South Africa once you have overstayed and did not apply to obtain the Form 23 and Form 20, you will be considered undesirable upon departure and banned from re-entering.
Persons who are declared undesirable persons in terms of Section 30(1)(h) read with 50(1) of the Immigration Act, no 13 of 2002 as amended (no. 13 of 2011) must submit the written representative as indicated below:
The following documents must be submitted:
- Written representation documenting the reasons for the overstay and any supporting documents which will support the case for appeal.
- A copy of the declaration of undesirability (form 19) that was issued at the Port of Entry
- Copy of the relevant pages of the passport, including bio page
- Acknowledgment of receipt (in cases where the applicant has applied for a permit and the status is still pending)
- If the applicant overstayed due to medical reasons a medical certificated must be submitted.
The appeal must be e-mailed to: Overstayappeals@dha.gov.za
For confirmation that the appeal has been received applicants may contact IMS Deportations at 012 406 4985