South Africa is a vibrant and diverse country that many people call home. Some enter the country with legal documentation but, for various reasons, find themselves overstaying their visas and becoming undocumented. If you have been living in South Africa for an extended period and contributing positively to the community, there are legal pathways available to regularise your stay.
One such example is an individual who entered South Africa legally over 15 years ago. Initially arriving with valid documentation, this person eventually became undocumented. However, during their time in the country, they secured employment, formed relationships, and contributed to the South African community, economically and socially. They now consider South Africa their home and wish to formalise their status.
For individuals in similar circumstances, there are several avenues to explore in the journey toward legalising your stay:
1. Section 31(2)(b) of the Immigration Act
One of the primary legal options is applying for a waiver under Section 31(2)(b) of the Immigration Act. This section allows the Minister of Home Affairs to waive certain requirements of the Act on a case-by-case basis, taking into account the specific circumstances of the applicant.
In this case, the applicant would emphasise their long-term residence, positive contributions to the community, and established ties in South Africa. A well-drafted waiver application that highlights the individual’s employment, relationships, and integration into society would strengthen the case for regularising their stay.
2. Permanent Residence
Another potential pathway is applying for permanent residence on the basis of extraordinary circumstances. If you have lived in South Africa for an extended period, formed family relationships, and made significant contributions to the country, you may be eligible for permanent residence status.
Permanent residence applications take into account various factors, including the length of time you have lived in South Africa, your employment, and any family relationships formed during your stay. Demonstrating your long-term contribution to the country and your commitment to its development is crucial in this process.
3. The Importance of Relationships and Employment
If you have been gainfully employed during your stay in South Africa, your continued contribution to the economy and society is a strong factor in your favour. Employment shows that you are self-sufficient and actively participating in the South African economy, which is a key consideration in immigration applications.
In addition, family relationships formed during your stay—whether through marriage or partnerships—can also support your application. The Department of Home Affairs takes into account whether separating families would be unjust, particularly in cases where an individual has established a life in the country.
4. The Role of Legal Representation
Navigating the complexities of immigration law can be daunting, especially for those who have overstayed their visas and are now undocumented. Having an experienced legal representative to guide you through the process is essential. Legal representation ensures that your application is thorough, compliant with South African law, and effectively presented to the relevant authorities.
At Kamfer Attorneys Incorporated, we specialise in immigration law and have helped many individuals in similar situations regularise their stay in South Africa. We understand the challenges of overstaying a visa and are committed to assisting clients in navigating the legal pathways available to them.
5. Conclusion
If you have lived in South Africa for many years, contributed to the community, and now wish to legalise your stay, there are legal avenues you can pursue. Whether through a waiver application under the Immigration Act or a permanent residence application, your positive contributions and long-term ties to South Africa will play a significant role in your case.
Contact Kamfer Attorneys Incorporated today to discuss your options and take the first step toward securing your legal status in South Africa.
