# Exiting SA after a visa overstay...



## annapangolin (Oct 14, 2015)

Hi everyone,

A bit of a complicated situation here and looking for some advice.

I entered SA in 2012 on an exceptional skills permit. Permit expired in Feb 2015.

At the time of expiry, I had been waiting for my PR outcome and was advised by my lawyers to apply well in advance for a general work permit with my company in case my PR didn't come through before my visa expiry, in order to keep me legal in the country. This work permit application was started in August 2014, but home affairs and the department of labour hadn't done anything at all by the time my visa expired in February. At the time of my expiry, I applied to home affairs for a letter of good cause/overstay appeal to keep me legalized, and was advised by several lawyers to stay in the country during this process. 

My PR came through in July 2015 and I now have my SA ID book. 

So my worry now is that I need to cross over to Botswana in the next couple of weeks. Anyone who looks at my passport will see nothing but an expired visa and a 6 month overstay. I know I need to bring my PR certificate with me when I travel, but is that enough? There's still that gap.

Does my PR certificate cancel out my overstay?

I did everything possible to stay legal in South Africa, and have the documentation to prove it, but I don't imagine someone sitting in an office at a tiny border crossing is going to want to hear my whole story.

Can I get into trouble when I try and come home to SA? Will my ID book cover me?

Once I've gone out and back in again, I'll feel much better, but I'm quite nervous about the prospect right now...


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## SayansiScope (Apr 19, 2014)

annapangolin said:


> Hi everyone,
> 
> A bit of a complicated situation here and looking for some advice.
> 
> ...


You will be fine but have to pay some stupid fine....~R3000


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## 2fargone (Jun 14, 2011)

I believe there are no longer fines for overstaying. Just a ban depending on how long you overstayed. 

Yes, your PR certificate will cancel out your overstay.


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## hopeful1986 (Feb 5, 2014)

I think 2 fargone is right. A currently valid visa cancels out an expired one. You surely cant be flagged because you CURRENTLY have a valid permit so you are not currently overstaying. Ive never overstayed, but i do have old, expired visas in my current passport.


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