Immigration Act, 2002 (Act No. 13 of 2002)RegulationsImmigration Regulations, 201430. Illegal foreigners |
| (1) | Upon requesting authorisation as contemplated in section 32(1) of the Act, 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— |
| (a) | 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 |
| (b) | submit proof to the Director-General that he or she is in a position to immediately submit his or her application for status. |
| (2) | Authorisation to remain in the Republic as contemplated in section 32(1) of the Act shall be granted on Form 20 illustrated in Annexure A. |
| (3) | As soon as the final decision in respect of the application for status has been made, the authorisation contemplated in subregulation (2) shall lapse. |
| (4) | An illegal foreigner who has satisfied an immigration officer that he or she will depart from the Republic as required by section 32(1) of the Act, shall be ordered by that immigration officer on Form 21 illustrated in Annexure A to depart from the Republic within a period of 14 days of having so been ordered: Provided that such period may, for good cause, be extended. |