# Leaving SA on expired visa and with UK passport



## MrsBlakey (Aug 6, 2015)

Ok so my situation is a bit of a messy one. My spousal visa expired last year due to VFS refusing to take my application and HA refusing to help either. My South African husband and I have been wanting to move away with our two kids anyway, just not quite so abruptly. We found out 2 weeks ago that you can no longer pay a fine (for their incompetence) but have to just get out. So I Immediately booked tickets to leave but only realised a week later that my kids both have to leave on South African passports as they have dual nationality. Only one has. The youngest, 18 months, is still breastfed and entirely dependent on me, we have literally never been separated for more than an hour Pyle two. We quickly applied for his passport but it hasn't arrived and we leave in a couple of days. I will try to get him out on his UK passport...but does anyone know how all this works? Has anyone else left on a UK passport? And is there anything I should be aware of? I know it is an offence for an adult to leave, apparently it isn't for a child but we all know how well rules hold up here


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## Klipspringer (Feb 21, 2015)

I'm sorry I can't help on the passport issue, but I'm really curious to know why VFS refused to take your application?


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## MrsBlakey (Aug 6, 2015)

Home affairs originally said applications must be in with less than 30 days left. More and they would send you away. Last year they changed the rules and outsourced to VFS. Their minimum time to get application in is 60 days. I had only about 5 days and they said they wouldn't take it. They were acting illegally as they were supposed to just take ANY application and not show any bias or make decisions...but they didn't. This is why there is a class action lawsuit against them and HA. So I have found I am fine to leave the country...now I must just try to get my son out with me on his UK passport. No one seems to know about this: "We have therefore decided that affected South Africans departing or arriving through our ports of entry, attempting to use a foreign passport, will be issued with a warning giving them three months to obtain a South African passport. They will be allowed to depart or enter South Africa" http://www.southafrica-newyork.net/homeaffairs/dualcitinfo.htm


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## Jem62 (Jul 25, 2012)

I have two passports and travel into or out of SA as I like and I do lots of travelling, sometimes I use my UK passport sometimes my SA one. For a couple of years my SA passport needed renewal, I just used my UK passport to travel into and out of SA. They have no idea whether you have an SA passport or not, they just stamp what is put before them. You are over complicating matters, no need to run when you are trying to do the right thing. Get your and your children's paper work sorted and leave when you are ready. Just keep a paper trail of what you are doing to show that you tried to do the right thing.


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## MrsBlakey (Aug 6, 2015)

Thanks for the reply the problem is that he has no visa in his UK passport and has to leave with his birth certificate which shows he was born here and his brother is leaving on his SA passport. I really hope I am over complicating things! I will make Tuesday a breeze! Haha


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## Jem62 (Jul 25, 2012)

Apply for a UK passport for your other child, whether he has a visa in his passport is immaterial, you are leaving. Stop panicking get the paperwork sorted and then leave if you want to, the rules on entering and leaving on SA passport applies to over 18's only. I was told this by immigration control personally. Don't allow the chaotic SA visa system rule you, as I've said before you have the evidence of trying to do the right thing. Chill out.


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