TIES Immigration Blog 101 – Post #9
Let’s unpack the white elephant in the room – visa expiry and the legalisation process
If your visa expired during lockdown (March 2020 to current) you can apply now for your new visa. You may not change any conditions on your previous visa. Same employee, same job, same partner, same school. So what if something has changed and you need to apply for a change of conditions?
As long as the category of visa is the same you can apply to change conditions (new school, new employer). However, if you have a new partner this won’t work as you need 2 years of proof of your relationship.
If your visa expired before lockdown, then you will need to legalise yourself before you can approach VFS for a new visa. Currently, legalisation is much quicker than in the past as there have been ‘no expiries’ during the last 15 months. You’ll need to strongly motivate why you allowed your visa to expire and compile the documents you need in order to lodge a good cause application through the Inspectorates at Home Affairs. The Inspectorates will investigate your claims and rule on whether you can submit a new application.
You cannot be deported or denied if you have a life partnership with a SA citizen, are married to a SA citizen or if you have a child with a SA citizen.
So what if you are no longer with the baby mom or baby dad of your child? What if they do not support your application? No problem, apply through your SA child under the exemption category. This will allow you to live and work here in SA until the child is in a position to support your application for permanent residence (in their mid-20s). You do not need to show your partner’s bank statement and you do not need their support.
You may need a paternity test if the child was not registered under your name at birth. This can be done through your local provincial hospital. Don’t delay, the time has never been better.
DHA can easily take up to 6 months to approve your new visa but at least one wheel in this machine is working well – legalisation.
If you need help deciding which visa you can apply for or if you need help applying for legalisation, please contact our office for free advice.
You can also do our free online visa assessment to see which visa you qualify for.
See you on the flip side
Tania Copeland.