# Overstay condition.. need urgent help



## amrianand (Aug 20, 2014)

Hi,

I have a quota work permit which is expiring on 25th Aug 2014. I have applied for Critical Skill Permit on 3rd July 2014 but the outcome is not yet available as expected.

I want to know do I have to travel back before 25th Aug or I can wait until the outcome. What happens if the outcome is negative. By that time I will surely be overstaying my current permit. My consultant is saying if I get the rejection then I can travel with the rejection letter and I will not be banned...

Need you urgent suggestion in my case.

Regards,
amrianand


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## LegalMan (Dec 26, 2012)

Unbelievable. Of course you can NOT wait past your current visa's expiry date. Your "consultant" is clearly not a lawyer or doesn't know the new immigration act and regulations. They are in fact advising you to become illegal.

Regardless of anything else, if you overstay any visa, you are immediately illegal.


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## amrianand (Aug 20, 2014)

Hi LegalMan,

This is not the condition in my visa, this is the condition on my dependent visa. I am writing down the exact words below as on her visa.

"To reside with spouse, who has valid permit. Not to alter purpose and duration of the visit. Refer to Delhi"

Now, I am changing from Quota permit to Critical Skill Permit for which I qualify and no condition like this on my visa. Having said this, do my dependents have to leave country or their visa can also be extended from SA as they are just my dependents and I am extending my visa.

I still have time to send them back on your advice, but it is going to cost me lots of money 

Regards,
Anand


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## LegalMan (Dec 26, 2012)

If they break their conditions, then yes, they are doing the wrong thing. But how does you changing your visa break their conditions?



> "To *reside with spouse*, who *has valid permit*. Not to alter purpose and duration of the visit. Refer to Delhi"


Are you still the spouse? Do you still have a valid permit? If yes then they are not breaking their conditions.

It's just logical.


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## amrianand (Aug 20, 2014)

Hi LegalMan,

I am the main member. I don't have any condition on my visa. I had quota work permit which is expiring on 25th Aug and I applied to critical skill on 3rd July.

The condition "To reside with spouse, who has valid permit. Not to alter purpose and duration of the visit. Refer to Delhi" is on my wife and daughter visitor visa (dependent visa).

So in this case, do they have to go back to delhi to get the extension. But I have already applied for their extension along with my valid permit.

Regards,
Anand


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## LegalMan (Dec 26, 2012)

> Not to alter purpose and duration of the visit.


It doesn't say you cannot extend or renew or apply for a new visa in SA.

This is a little secret in the industry. In essence, it doesn't say that she cannot extend or apply for a new visa. We would advise a client on the basis of this information to submit in SA, making first sure that the main applicant has a valid (hopefully also renewed) visa.

Home Affairs is a jungle, but they are not so bad that they won't allow a spouse to live with her husband while he legally works in SA.


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