# Married with Expired Relative visa



## khomasbokie (Jun 27, 2014)

Good day all,

I am new to this site.

I am married to my husband, who is a South African, for six years now. I am a Namibian lady. Whilst I was living in South Africa, my relative visa expired whilst I was trying to apply for my permanent visa. 

I left South Africa in February 2014 and I didn't have any problems at the airport. They just told me to pay my fine at the South African Embassy in Windhoek and I would be able to travel to South Africa again.

This new law that has been passed has concerned me. I haven't yet travelled to South Africa as I am worried that they will turn me away.

My husband has been travelling to Namibia to seem me but I haven't seen my in-laws and friends since February. Its is very upsetting for me. 

My other concern is that I will soon start a job that might require me to travel often to South Africa as their head office is there. 

What can I do. Does that mean I wont be able to see my family and travel to South Africa for the next 5 years!!. My husband cant move to Namibia due to work and business commitments.


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## LegalMan (Dec 26, 2012)

With the current law now firmly in place, you cannot enter SA unless you have a valid visa for the purposes of your visit.

My gut feel is that you should find out where your current application is, and if "far away" or "lost", that you either re-apply or serve a court order on Home Affairs for a much faster outcome.


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## khomasbokie (Jun 27, 2014)

I called the South African High Commission here in Windhoek. They told me that as I had allowed my relative visa to expire before I could apply for my permanent residency, I wouldn't be allowed into SA for at least 3 years. There was no fine to pay anymore. My husband and I are now in a state of panic.

Is there any way around this? Do I have to involve lawyers?


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## LegalMan (Dec 26, 2012)

@khomasbokie - are you speaking about a South African Relative's Visa? You wrote "here in Windhoek". Where are you based now?

If you are in SA on an expired visa, then yes, you will be banned for up to 5 years if you leave the country, and yes, you'll have to involved South African immigration lawyers.


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## khomasbokie (Jun 27, 2014)

I left South Africa in February 2014. At the airport, I signed a paper saying that I needed to pay a fine of R 3000, if I wanted to return to SA again. I am still in Namibia.

I hadnt yet paid the fine and when I called the SA High Commission today, I was told that they no longer accept fine payments, they just ban people now.

Yes, I had a South African relative visa. I was due to apply for my permanent residency but realised that my relative visa was about to expire. I was about to hand in my document but I was missing a Police Clearance Certificate from the UK. So, I couldn't hand in my application to renew my relative visa in Pretoria.


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## LegalMan (Dec 26, 2012)

Alright, so you're in Namibia and are not banned. You will now have to apply for a new Relative's Visa and then once it arrives, you can apply for PR. Are you sure that you qualify for PR?

[...renew my relative visa in Pretoria... - how did you get to Pretoria?]


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## khomasbokie (Jun 27, 2014)

I used to stay in SA and only left due to my expired relative visa. 

I think I qualify for permanent visa as I have been married for 6 years and been together with my husband for 8 years.

Are you saying that I should go ahead with applying for my relative visa (again) despite the fact the visa expired whilst I was in SA?

I have not signed anything to say I was banned and only have a document saying that I need to pay a fine back in February.


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## LegalMan (Dec 26, 2012)

1. Your previous visa expired. You have no visa status now. You therefore must apply for a new visa.

2. You must have a Temporary Spousal Visa before you can apply for a Permanent Residence Permit.


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## tech001 (Jan 17, 2014)

And what happens to the fine? I know of someone who is being faced with the same situation.


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## LegalMan (Dec 26, 2012)

Simply be prepared to pay it if they ask for it.


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