# overstayed spousal visa



## TomKelly (Feb 5, 2014)

Hi all,
i have stupidly overstayed my spousal visa by 14 months!?!?
Went to HA and they said my spouse must come with me, today we both arrived and was told her presence was unnecessary, then threatened with custody and immediate deportation.
As i explained my situation i have to go back to court tomorrow where i will be issued a fine.
I intend to marry my fiance and stay here permanently.
Does anyone no the extent to which they can fine me??
I am a UK passport holder by birth.
I have 2 children here aged 5+7, have been residing here with no criminal record for over 7 years.
A friend told me they can fine me for every day i have overstayed...This could ban outrageous amount!
The consulate website states a max R3k fine>>>anyone have any clarity so as i know what to exoect...???


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## LegalMan (Dec 26, 2012)

The fine amount varies. Pay it and don't do that again - how could you?!

Pep talk over - are your children South African? How long have you been in your life partnership? You state spousal, but are not married?

I think you have some good options available to you.


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## TomKelly (Feb 5, 2014)

Thanks for reply,
my eldest was born in London, youngest herein Cape Town.
We are an engaged couple planning to marry next year.
Just clean forgot about visa....very stupid but cant undo the stupidity sadly...!!!
We have been together nearly ten years now and both kids have SA passports, etc.
this will be my third visa here and i hope it wont affect my permanent residency, and as that is a long process not sure what will happen in the mean time.
also concerned it may be a 5 or 6 figure fine or something....could do without a heart attack in court...!!!
off to sort it out with all appropriate documentation and hoping for the best..!!


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## LegalMan (Dec 26, 2012)

Is your partner South African?


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## TomKelly (Feb 5, 2014)

Hi Legal man,
yes she is.
Whats the usual fine amount do you think...??
I can only hope the prescribed R3k is applicable in this case as i have read a lot about people being told to pay the fine after they leave the country in their local consulate, which most people dont seem to pay unless they want to return.
I need to to stay here so am not sure if they will penalise me further than that or accept an immediate payment.

what do you think...??

Thanks again for your responses.


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## 2fargone (Jun 14, 2011)

TomKelly said:


> Hi Legal man,
> yes she is.
> Whats the usual fine amount do you think...??
> I can only hope the prescribed R3k is applicable in this case as i have read a lot about people being told to pay the fine after they leave the country in their local consulate, which most people dont seem to pay unless they want to return.
> ...


Have you thought about contacting a lawyer?


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## TomKelly (Feb 5, 2014)

Cant really afford it at the moment to be honest, trying my best to work out a worse case scenario!!


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## TomKelly (Feb 5, 2014)

will let you know what happens tomorrow for everyones info..!!


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## LegalMan (Dec 26, 2012)

The maximum amount that you can be fined is R3 000. That's GBP166 at today's ZAR/GBP exchange rate.

The issue isn't the fine, it's what else you do. Pay the fine, return home, immediately apply for your relative's permit and if you apply correctly, you should get it.


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## TomKelly (Feb 5, 2014)

cheers legal man,
just got back and i have to have a home visit.
The guy was very nice and easy to talk to.
Mrs got interviewed seperately and that was it....he will be round in a few weeks he says.
I have no intention of leaving here and just want to comply and get on and not let this happen again!!
thanks for fine clarification, will let you know gentlemans name in coming weeks as he seems to be one of the good guys..!!

Thanks for all responses ..greatly appreciated and i will endeavour to add as much to this great site as i can in future...its a great place of reference...!!

Cheers...!!


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## LegalMan (Dec 26, 2012)

Please do let us know who he is, always helps even us.


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## MissGlobal (Aug 4, 2012)

This beats the USA that triggers an automatic ( non-negotiable) 3 year ban when you overstay any visa!


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## 2fargone (Jun 14, 2011)

MissGlobal said:


> This beats the USA that triggers an automatic ( non-negotiable) 3 year ban when you overstay any visa!


And goes up to 10 years in some cases!


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## Theantichef (Aug 7, 2017)

*Still battling*

This is tom Kelly but I have lost my password.
Further to my previous questions , things went downhill for me.
I lost my passport and had huge difficulty in getting my paperwork together and have had my good cause application to dha denied with reasons being given as negligence on my part.
I have since sent another good cause letter to director general and await reply.
Although I understand that I should've given it more time, as I can't work I stay at home with kids and that means I don't have as much time to sort this out. It took a while but I was always in communication with immigration at barrack st.
My response to director general was outlined using concourt rulings from 2016 in case of Stewart vs dha as saying that it was unconstitutional for my RSA citizen children to be without their father, I have never been arrested nor have I ever hidden anything forming immigration officers.
I was always there updating them as to my application.
My main issues were that without Id I couldn't change addresses of banks so that I could apply for my new uk passport and then my police clearance forms. The banks also dragged their feet with changing address correctly.
Also I had sent my SA police clearance off numerous times only to never recieve anything from them.
I feel that it was unfair of immigration to not give me some sort of documanetation to give to bank with regards to changing my address. Immigration were never that helpful and would never sign any requests for documents and every time I went they wanted something else. I do not want to leave RSA and have no need to presently, but I lie awake at night sometimes despairing at what has happened.
I have looked for online reviews or case files for people that have had their deportation orders rescinded or carried out and can't find much at all.
I would like to know on what basis others were kicked out or allowed to remain with similair circumstances to mine.
I am a uk citizen staying in RSA for 11 years with a RSA spouse and two RSA citizen children.
I hope their legal rights as per the constitution are more important that the rights of dha to deport me.
Am I right in thinking I have a chance or am I doomed to misery and should just pack up and leave my family now.
I am so sad and depressed now after not working for so long and carrying this burden of my own volition admittedly, but when does an administrative error on my part become a huge upset for my family and our future.
I would appreciate any response and advice and especially any case studies of recent years to read.
Massive thanks in advance

Tom kelly


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