# How strict is the 60 day rule for visa renewal?



## Bwixie (Mar 11, 2014)

Hi all,
This rule that one should apply for visa renewal at least 60 days before expiry of the current one; is this strictly enforced?
I've been waiting 10 months for my son's PR and his current visa expires in May so I have to renew it at the whopping 1350 which will most likely be money down down the drain. Anyone else dealt with a similar situation?:juggle:


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## expartobe (Feb 11, 2016)

It's either you renew it within that time or you go back to your home country to apply for a NEW permit. 

In other words, if you don't renew it within that time, technically it has expired and you can't renew expired permit, you have to apply for new one (in your home country).


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## Bwixie (Mar 11, 2014)

Bwixie said:


> Hi all,
> This rule that one should apply for visa renewal at least 60 days before expiry of the current one; is this strictly enforced?
> I've been waiting 10 months for my son's PR and his current visa expires in May so I have to renew it at the whopping 1350 which will most likely be money down down the drain. Anyone else dealt with a similar situation?:juggle:


In addition to the above question, can someone help with regard to the visa that I should apply for for my son. Here is our situation:
He was born in SA and I applied for a Visitor's visa for him while I was still on an exceptional skills permit. I have since received a permanent residence permit but my son was not part of the application because his visitor's visa was still pending with Home Affairs at the time of my application and I could not include him since he was 'illegal'. I applied for his PR in May 2015 and that is still pending. His visitor's visa in the meantime expires in May 2016 and I'm not sure if I should renew that or apply for a change of status to a relative's visa? Someone at VFS said I cannot change status on a visitor's visa so I'm a bit confused. And what's with the return flight requirements for a visitor's visa? Help anyone?:confused2::confused2:


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## LegalMan (Dec 26, 2012)

Regarding the original question, @expartobe is right, I wouldn't mess around with that 60-day rule. The chance is very high that it is simply rejected.

@Bwixie - best to start a new thread. For any visa you must return before expiry, so it's a bit of a gamble right now. Perhaps get legal assistance to send a letter of demand? See here: https://www.immigrationsouthafrica.org/blog/how-to-speed-up-your-sa-visa-or-permit/


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## Sunrise10 (Apr 3, 2016)

expartobe said:


> It's either you renew it within that time or you go back to your home country to apply for a NEW permit.
> 
> In other words, if you don't renew it within that time, technically it has expired and you can't renew expired permit, you have to apply for new one (in your home country).


Just a question about his, so when you have a pending PR application and you don't renew your temp residence permit before 60 days of expiry you can go back to your home country and apply for a "new" temporary permit.

But is that even allowed? You will fly out of the country with a nearly expired temp permit. In your home country, when you apply for a new one, does that not interfere with the application of your PR?

I'm asking because I might get in the same situation as the topic starter. If I know I can apply for a "new" spouse visa in my home country while my PR is pending in South Africa, I will feel more relaxed already


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## expartobe (Feb 11, 2016)

Sunrise10 said:


> Just a question about his, so when you have a pending PR application and you don't renew your temp residence permit before 60 days of expiry you can go back to your home country and apply for a "new" temporary permit.
> 
> But is that even allowed? You will fly out of the country with a nearly expired temp permit. In your home country, when you apply for a new one, does that not interfere with the application of your PR?
> 
> I'm asking because I might get in the same situation as the topic starter. If I know I can apply for a "new" spouse visa in my home country while my PR is pending in South Africa, I will feel more relaxed already


until you get your PRP, you will always be a temporary resident - tough luck. So yeah, nothing changes in terms of how you do temporary permit things. renewal or new permit, you are good to go.


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