# After waiver of undesirability do I need to reapply for my visa outside of SA?



## Jennybadenhorst (May 22, 2013)

I left the country with my visa pending and was banned for five years. I sent in the appeal and all restrictions against my name were removed.

I have a renewal of my permit in Pretoria
Do I need to apply from the UK before returning to South Africa for my spousal visa or can I return to South Africa to await the outcome of my pending visa?

I don't mind applying for my visa I have all the documents and I'm sure it will be quicker than waiting in SA, what I don't want is to apply and they don't process it because I have an application for renewal already in Pretoria?

Thanks for any advice


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## ALL101 (Mar 7, 2014)

Hi Jennybadenhorst,

How did you apply for an appeal (via a court or Home Affairs)? How long did the appeal take?


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## Jennybadenhorst (May 22, 2013)

I used the information available on the DHA website under overstay appeals.

_"
Overstay Appeals




Persons who are declared undesirable persons in terms of Section 30(1)(h) read with 50(1) of the Immigration Act, no 13 of 2002 as amended (no. 13 of 2011) must submit the written representative as indicated below:


The following documents must be submitted:

1. Written representation
2. A copy of the declaration of undesirability (form 19) that was issued at the Port of Entry
3. Copy of the relevant pages of the passport, including bio page
4. Acknowledgment of receipt( in cases where the applicant has applied for a permit and the status is still pending)
5. If the applicant overstayed due to medical reasons a medical certificated must be submitted.


The appeal must be e-mailed to: [email protected]


For confirmation that the appeal has been received applicants may contact the IMS Operational Centre at (012) 406-4586 "_

they gave me a piece of paper with the same information as I left South Africa

It took just over a week.


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## LegalMan (Dec 26, 2012)

Well, what does the waiver say? Usually they say things like: "...ban is suspended..." and "...to enter the Republic and await issuance of your visa application..."


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## Jennybadenhorst (May 22, 2013)

The letter reads:

'The request for the waiving of your undesirable status has been considered and was successful.
The department has therefore decided to remove the restrictions placed upon your name, with immediate effect.'


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## LegalMan (Dec 26, 2012)

Well, you are no longer banned and an enter SA on any valid visa or port-of-entry visa and then collect your current application's outcome.


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## Andreia C. (Jun 18, 2015)

Hi Jenny Badenhorst! I know it has been some time since you had the undesirable person restriction lifted from your name, but do you have any idea of who was responsible for signing it? Can you let me know, please?

I think I could be next on receiving such stamp on my passport because I need to leave South Africa with my child next week and haven't got the renewal outcome yet, so if you can help with this information I could write an email to the right person involved in dealing with this situation at Home Affairs in Pretoria.

I would appreciate if you can give me this information, please. Thanks a lot, God bless! 

Kind regards
Andreia C.


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## sandzguts (Nov 3, 2015)

Hi Andreia, where you successful with this?


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## davewhales (Apr 22, 2016)

Hi Legalman, I quickly need your opinion on my current situation. I got a South Africa visa with the intentions of coming to the country to see what the country looks like in order to continue my studies. I felt a tour first would be good rather than just applying for any school on the internet. I was issued a 3 months visitors visa with a condition that each visit must not exceeds 30 days. I went in on Feb 11 and i got a stamp that my 30 days expires on the 12th of March, i thought it would be easy getting things done so quickly but it wasn't as easy i thought because SAQA alone requires 20 working days to process my Evaluation certificate, so i had to go to Swaziland in order to another 30days. I took a trip there on the 11th and came in back to RSA on the 12th, hoping the immigration would stamp me for 30 Days, but when i checked i saw i was only given 7 Days, so i felt maybe she did that because i didn't tell her how long i wanted to stay. I decided to take another trip to Swaziland on the 17th, but this time the Immigration officer at the RSA border only stamped seen on arrival stamp dated on the 17th of April. I felt happy and quickly changed my ticket to 16th of April which was 28 days extra to stay. To cut the Story short, when i arrive at the passport control to board my plane, the immigration said i have over stayed 28 days, i tried showing him that i went to Swaziland and he should check correctly, But he turned deaf hear at me and printed the undesirable ban one one year for me and asked me to appeal. It's been days now that i sent an email to the overstayappeals.dha.gov.za and called the number, but i have not gotten any reply or someone answering the phone. Do you think i stand a chance of uplifting the ban or what do you suggest i do. I have incurred quite a lot of money on the fees, registration and miscellaneous expenses and do not wish to loose everything. Please advice.


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## elisagrace (Nov 19, 2015)

You can certainly apply. Better if you take the services of professional attorney.


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## LegalMan (Dec 26, 2012)

davewhales said:


> Hi Legalman, I quickly need your opinion on my current situation. I got a South Africa visa with the intentions of coming to the country to see what the country looks like in order to continue my studies. I felt a tour first would be good rather than just applying for any school on the internet. I was issued a 3 months visitors visa with a condition that each visit must not exceeds 30 days. I went in on Feb 11 and i got a stamp that my 30 days expires on the 12th of March, i thought it would be easy getting things done so quickly but it wasn't as easy i thought because SAQA alone requires 20 working days to process my Evaluation certificate, so i had to go to Swaziland in order to another 30days. I took a trip there on the 11th and came in back to RSA on the 12th, hoping the immigration would stamp me for 30 Days, but when i checked i saw i was only given 7 Days, so i felt maybe she did that because i didn't tell her how long i wanted to stay. I decided to take another trip to Swaziland on the 17th, but this time the Immigration officer at the RSA border only stamped seen on arrival stamp dated on the 17th of April. I felt happy and quickly changed my ticket to 16th of April which was 28 days extra to stay. To cut the Story short, when i arrive at the passport control to board my plane, the immigration said i have over stayed 28 days, i tried showing him that i went to Swaziland and he should check correctly, But he turned deaf hear at me and printed the undesirable ban one one year for me and asked me to appeal. It's been days now that i sent an email to the overstayappeals.dha.gov.za and called the number, but i have not gotten any reply or someone answering the phone. Do you think i stand a chance of uplifting the ban or what do you suggest i do. I have incurred quite a lot of money on the fees, registration and miscellaneous expenses and do not wish to loose everything. Please advice.


You are welcome to email our company with your story and attach the proof. However, if you have already completed your own appeal, there is little we can do except phone and email. A demand letter may work.


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