NM Heinze Attorneys Inc can assist with the following services:
Upliftment of prohibition / prohibited person status:
There are various reasons why a foreign national can be declared a prohibited person and placed on the visa entry and exit stop list (V-list).
Most commonly seen in the industry are foreign nationals who were declared prohibited in terms of Section 29(1)(f) of the Immigration Act for having been found in possession of a fraudulent visa, permit, South African ID or passport.
The prohibition is life long and the Director-General of the Department my uplift the prohibition where good cause exist. It should be noted that this is a serious matter and it is best to consult with an Immigration Attorney to assist.
Waiving of undesirability:
There are various reasons why a foreign national can be declared an undesirable person and placed on the visa entry and exit stop list (V-list).
Foreign were submitted fraudulent documents other than a visa, permit, South African ID or passport on their current or previous via or permit applications are considered undesirable person in terms of Section 30(1) of the Immigration Act.
It should be noted that allegations of having submitted an alleged fraudulent document is serious it is best to consult with an Immigration Attorney to assist.
Overstay appeals and removal of travel bans:
Foreign nationals who have overstayed the validity of their visa are considered an undesirable person in terms of Section 30(1)(h) of the Immigration Act and will receive a travel ban preventing them from returning to South Africa for a period of 1-5 years.
NM Heinze Attorneys can assist in waiving the undesirability and have the restrictions removed in order for the foreign national to return to South Africa prior to the 1-5 years having lapsed.
Furthermore, it should be noted that although the travel ban should theoretically automatically laps after the indicated date on the Form 19 issued upon departure, this does not occur and an application requesting the restrictions to be removed would need to be submitted.
Good cause (Form 20) letters for authorization of an illegal immigrant to remain in the country pending an application for a status
A foreign national who is in South Africa on an expired visa (i.e. an illegal foreigner) who has neither been arrested for the purpose of deportation nor been ordered to depart and who wishes to apply for status after the date of expiry of his or her visa, shall:
• demonstrate, in writing, to the satisfaction of the Director-General that he or she was unable to apply for such status for reasons beyond his or her control; and
• submit proof to the Director-General that he or she is in a position to immediately submit his or her application for status.