# Tourist visa about to expire, TR application in process, can I legally stay? Thank u!



## Sandy1984126 (Mar 25, 2014)

Hi everyone,

I am new to this forum, been reading the useful information on it today, was amazing and thanks all for the help.
Anyhow, I have an situation , I'd like to ask some advise or information about it. Thank u!

I am holding a Dutch passport atm, and entered SA in Feb, upon on my arrival I got a 3 months entry visa, and this month I hired an agent send out my application for my life partner permit (temporary permit). The application has been accepted by home affair and I received a receipt from home affair says that my application is in process. 
The problem is, my entry visa will be expired within 1 month. But my agent says the application can take up to 3 month to get result. He told me as long as I have the receipt from home affair I can stay in SA legally even my visa is expired until I get the result from home affair about my TP. I do not know if it is true? Anyone have experience about how long it normally takes for TP?

Another issue is, I tried to get an extension for my tourist visa, but been told I can not have two application at the same time, cause I already have my TP application open, extend my tourist visa is not an option anymore. And I am atm 32 weeks pregnant, so travel out the country and back in before my tourist visa expire will not be an option as well. So, please give me some advise on shall I listen to my agent just stay in SA even after my tourist visa expire and wait for my TP. Or shall I now take a road trip to leave the country and come in again to get a new 3 months entry visa. Or are there anything else as a better option for me? If I do not have a valid visa and my TP is not yet granted when my baby born, will it influence the ability of my baby getting a valid residence here in SA? (My bf is South African)

Sorry for the complication, I really appreciate ur help and advise. Thanks in advance!


----------



## Skilled (May 10, 2011)

If you have an application pending with Home affairs (except of that of Permanent Residence) and you hold a receipt you are allowed to stay indefinitely even if you current visa expires until such a time you get a result from HA. If they reject your application (just in case) they will give you a rejection letter and you can use that letter on the port of entry should they ask you the reasons for overstay and explain you had a pending VISA application.

For now, calm down and until you get your VISA. Travelling oveseas will pose problems with that receipt, i simply suggest you wait for your VISA.


----------



## Sandy1984126 (Mar 25, 2014)

Skilled said:


> If you have an application pending with Home affairs (except of that of Permanent Residence) and you hold a receipt you are allowed to stay indefinitely even if you current visa expires until such a time you get a result from HA. If they reject your application (just in case) they will give you a rejection letter and you can use that letter on the port of entry should they ask you the reasons for overstay and explain you had a pending VISA application.
> 
> For now, calm down and until you get your VISA. Travelling oveseas will pose problems with that receipt, i simply suggest you wait for your VISA.


Thank u !!!


----------



## Bexiee (Sep 30, 2013)

Hi Sandy,

It took me a year and a half to get my TR.

I was assured by the lady at Home Affairs that I was fine to live in the country awaiting the outcome of my TR decision.

In that time, I had to travel back to England for a week or two (I was already booked to go visit my family - not because I was requested to). On the way out of the country, and back in, they questioned my "overstay". All I had to do was show them the letter+receipt from home affairs of my pending application, and that was sufficient enough. (They did have to get a supervisor to confirm this was the case on the re-entry though!) This was 2 years ago now.

Good luck


----------



## LegalMan (Dec 26, 2012)

The trouble is not staying in South Africa, it is if you need to travel, combined with the fact that applications take forever to come through. Are you happy staying in South Africa for another 3 months? Another year?

Directive 43 in immigration law allows people to travel on application receipts. It has been revoked once, but recently reinstated, so theoretically you can travel in and out on your application receipt. However, airlines and some immigration officials don't know this, and you could be denied boarding. What the law says and what happens in reality are unfortunately not the same.

@Skilled - what do you do for a living?


----------

