Good cause or legalisation of an overstay – authorisation to remain in South Africa
There are many reasons and scenarios that may cause an overstay on the part of a foreign person and who does not seek to depart South Africa and wishes to remain in South Africa and apply for a new status.
The Act and the 2014 Regulations allow for a foreign person to remedy an overstay in South Africa in terms of section 32 of the Act read with Regulation 30 where there is ‘good cause’ that will show the circumstances that led to the overstay were beyond his or her control provided that such person has not been arrested for deportation nor ordered to leave.
Smiedt & Associates would prepare an application of ‘good cause’ with supporting papers setting out the circumstances that led to the overstay, motivating the need to remain in South Africa and show that there were reasons outside of his or her control.
We will arrange an appointment in advance to submit the ‘good cause’ together with our Client and canvass the grounds supporting the application for permission to remain in South Africa and apply for a new status.
Upon success, the Department will issue a Form 20 document allowing our Client to now make a visa application in South Africa.
A ‘good cause’ application may take longer than one to two months and there is often the need to expedite such application and this would entail a court application to compel the Department to provide the outcome of the ‘good cause’.