D. Good Cause and Legalisations proceedings within South Africa in terms of section 32 of the Act and Regulation 30 of the 2014 Regulations
Smiedt & Associates are contacted frequently to intervene where foreign persons within South Africa have overstayed and seek advice and assistance in remaining in the country and procuring a new visa.
Regulation 30 allows for foreign persons who have neither been arrested for the purposes for deportation nor ordered to leave South Africa to remain in the country and seek a Form 20 to remain in the country and apply for a new status.
The process is underpinned by the facts of the case and the determination as to whether the foreign person overstayed for reasons beyond his or her control. If the Department consider the reason for the overstay to be outside of his or her control, they will grant a Form 20 to allow such foreign person to apply for a new status.
If, however, the Department refuses to grant a Form 20, such foreign person will be given a Form 21 refusing such Good Cause and this will allow an appeal of the decision before the Department can automatically seek to remove you from the country.
Be aware of rogue agents who purport to present ‘fake’ Form 20 documents to unsuspecting foreign persons who have overstayed as this can lead to the arrest and prosecution and or deportation of such person and even the ‘prohibited stays’ being recorded on departure.
At Smiedt & Associates we will ensure that the application for Good Cause is well crafted and sets out the facts in the most suitable light in order to afford you the best possible outcome and opportunity to acquire a Form 20.