Immigration Act, 2002 (Act No. 13 of 2002)

Regulations

Immigration Regulations, 2014

27. Undesirable persons

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(1)For the purposes of subregulation (3), a time is calculated as days during a year for which the period of overstay is calculated from the date of expiry of the last valid visa.

 

(2)The Director-General may declare a foreigner who falls within a category listed in section 30(1) of the Act as undesirable on Part A of Form 19 illustrated in Annexure A.

 

(3)A person who overstays after the expiry of his or her visa, as contemplated in section 30(1)(h) of the Act, may—
(a)in the case of a person who overstays for a period not exceeding 30 days, be declared undesirable for a period of 12 months;
(b)in the case of a person who overstays for the second time within a period of 24 months, be declared undesirable for a period of two years; and
(c)in the case of a person who overstays for more than 30 days, be declared undesirable for a period of five years.