# Overstay on tourist visa



## Eimillig (Jul 15, 2013)

Morning all,
My family have found ourselves in a difficult situation. We moved to cape town in September 2012. My husband is a freelance consultant and has a client here in cape town. The client advised us we did not need visas as we simply had to leave the country every 90 days. The first time we left and reentered we had trouble with immigration who told us we had 14 days to leave the country. The clients lawyers then applied for a 90 day extension which was granted. We then got all the paperwork together in order to apply for an exceptional skills permit and submitted it to the lawyer in order to apply on our behalf. We have just found out that it has NEVER been applied for. We are now more than 3 months over on the tourist visas. The lawyers are advising us to leave as soon as possible and submit the visa application in London. We are now preparing to leave but aren't sure whether we should prepare to leave permanently or plan on returning. We have 2 small children and are terrified that we risk arrest leaving the country. Please, if anyone can give us some advice it would be greatly appreciated.
Thanks in advance.


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## 2fargone (Jun 14, 2011)

Eimillig said:


> Morning all,
> My family have found ourselves in a difficult situation. We moved to cape town in September 2012. My husband is a freelance consultant and has a client here in cape town. The client advised us we did not need visas as we simply had to leave the country every 90 days. The first time we left and reentered we had trouble with immigration who told us we had 14 days to leave the country. The clients lawyers then applied for a 90 day extension which was granted. We then got all the paperwork together in order to apply for an exceptional skills permit and submitted it to the lawyer in order to apply on our behalf. We have just found out that it has NEVER been applied for. We are now more than 3 months over on the tourist visas. The lawyers are advising us to leave as soon as possible and submit the visa application in London. We are now preparing to leave but aren't sure whether we should prepare to leave permanently or plan on returning. We have 2 small children and are terrified that we risk arrest leaving the country. Please, if anyone can give us some advice it would be greatly appreciated.
> Thanks in advance.


I will let the experts advise you. But did you husband every apply for a work visa? As it sounds like he was working on a tourist visa. Which is a no no. It sounds like you got very bad advise. Just on another note a friend of mine overstayed for a month and had a fine which she had to pay before she could leave the country, but I don't know what three months would be.


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## Saartjie (Mar 1, 2010)

Eimillig said:


> Morning all,
> My family have found ourselves in a difficult situation. We moved to cape town in September 2012. My husband is a freelance consultant and has a client here in cape town. The client advised us we did not need visas as we simply had to leave the country every 90 days. The first time we left and reentered we had trouble with immigration who told us we had 14 days to leave the country. The clients lawyers then applied for a 90 day extension which was granted. We then got all the paperwork together in order to apply for an exceptional skills permit and submitted it to the lawyer in order to apply on our behalf. We have just found out that it has NEVER been applied for. We are now more than 3 months over on the tourist visas. The lawyers are advising us to leave as soon as possible and submit the visa application in London. We are now preparing to leave but aren't sure whether we should prepare to leave permanently or plan on returning. We have 2 small children and are terrified that we risk arrest leaving the country. Please, if anyone can give us some advice it would be greatly appreciated.
> Thanks in advance.


Hi, you need to get some good advise from an immigration lawyer, really, I strongly advise that you get this before you leave. Legal Man on this forum is the person that should be able to assist you. 

Please do not leave before you have spoken to a lawyer (who you can trust). You need to know what to expect before you attempt to leave.

Saartjie


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## Eimillig (Jul 15, 2013)

Thanks for replies. We are booking flights and the company lawyers are telling us not to worry. I have no faith in them anymore (this is a large company of lawyers). Would really appreciate advice from anyone who knows the legal ins and outs of this situation. Thanks! Debbie


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## 2fargone (Jun 14, 2011)

Eimillig said:


> Thanks for replies. We are booking flights and the company lawyers are telling us not to worry. I have no faith in them anymore (this is a large company of lawyers). Would really appreciate advice from anyone who knows the legal ins and outs of this situation. Thanks! Debbie


I agree 100% with Saartjie! Please these people have already given you bad advise and then didn't even bother to file the paper work for you. Seek out another lawyer (one that is NOT with this company) for advise on what to do.


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## Saartjie (Mar 1, 2010)

Eimillig said:


> Thanks for replies. We are booking flights and the company lawyers are telling us not to worry. I have no faith in them anymore (this is a large company of lawyers). Would really appreciate advice from anyone who knows the legal ins and outs of this situation. Thanks! Debbie


If you have no luck getting any further information I can recommend Eisenberg and Associates in Cape Town. They are immigration specialist lawyers. However, Legal Man on this forum should be able to assist with some information in this regard.

I reiterate, do not leave before you have concrete advise. People who have overstayed by a few days have had problems at the border.


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## Eimillig (Jul 15, 2013)

Thanks again for advice. I have an appointment tomorrow with a new lawyer. Hopefully will know exactly our position. Terrible situation as we thought everything was in hand and we were just waiting for our passports to be returned with visa stamps. Not a mistake we will make again.


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## 2fargone (Jun 14, 2011)

Wish you the best with everything. I know it really is awful when you trust people and they let you down. Hope thing turn out for the best.


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