News Articles

Prohibited Persons Status ( Vlisting ) and how to uplift a Prohibited Persons Status

Source: DHA, 12/04/2021

The Immigration Act and the Department of Home Affairs abhors fraudulent documents. Section 29(1)(f) provides ; The following foreigners are prohibited person and do not qualify for a port of entry visa, admission into the republic , visa or a permanent residence permit … anyone found in possession of a fraudulent visa, passport , permanent residence permit or identification document. Section 49(14) and 49(15) makes the use or attempted use of or uttering of any fraudulent document for the purpose of entering remaining in or departing from and residing in the republic a criminal offence, of which a person on conviction is liable to imprisonment of up to 15 years. So when one finds him of herself in possession of a fraudulent document how does one comeback from this immigration abyss?
There are two paths to rehabilitating yourself when you have been rendered a prohibited person for using or attempting to use or uttering a fraudulent visa, permit or Identity document. Section 29(2) makes provision for the Director General on good cause declare that person is no longer a prohibited person. This is done by way of submitting an application to Director General setting forth good cause why the person should be removed from the prohibited persons list.
Another avenue is in terms of section 32 of the Immigration Act and Regulation 30. Section 32 is an appropriate route in the event that the person is still in the country and looking to apply for a new visa. Regulation 30 provides 3 tests, that a person is an illegal foreigner, who has neither been arrested for the purpose of deportation nor been ordered to leave and who wishes to apply for a status after the expiry of his or her status.
Section 32 is applicable because by virtue of being in possession of a fraudulent permit or visa and have not been arrested ordered to leave then you meet the criteria under section 32.
The next criteria is that the person would need to show good cause why you failed to renew your previous visa. This would include the circumstances that led to you being in possession of fraudulent document. Often people are victims of an elaborate immigration scam and their permits would have worked for few times and so would be unaware of the fraudulent nature of their status until it is brought to their attention. They are as much victims of the fraud as is the state. It is important to be able to prove definitively that a third party was at play and in our experience, this works to the persons advantage.
The last criteria would be proof that the person is eligible for the visa that they intend to apply for. This is submitted in the form of all the required documents for the respective visa.
It is important to highlight that immigration issues of this kind do not go away with time. The Department will always discover that a person’s status is fraudulent or obtained in a fraudulent manner. So tackling these head on will be the best approach to any similar situation. The effect of coming forward to attempt to regularise your status is better than not doing anything. Any good faith effort to rehabilitate your status will certainly mitigate risks of being criminally convicted and will count as a positive in an application to remove the prohibited person status. It is also accepted that not every case can be rehabilitated.
For assistance with your immigration matter you can contact us at our offices and speak to one of our specialists.
Sa Migration International
Whatsapp Tel No : +27 (0) 82 373 8415

Tel No office : +27 (0) 82 373 8415 ( Whatsapp )
Tel No admin : +27 (0) 64 126 3073
Tel No sales : +27 (0) 74 0366127
Fax No : 086 579 0155


www.samigration.com


Search

  •    A critical skills survey conducted by Xpatweb highlights the most in-demand ‘scarce’ skills in the country, which has led to businesses seeking talent recruitment from abroad.... Read more...
  •    Upon application to the Minister of Home Affairs, the Minister may under terms and conditions determined by him or her allow distinguished visitors or members of his/her family to be administered and sojourn in South Africa and or waive any prescribed (regulatory) requirements for good cause and/or grant any foreigner or category of foreigners the rights of permanent residence for a specified or unspecified period when special circumstances exist justifying such a decision.... Read more...
  •    The Supreme Court of Appeal has dismissed an appeal by the minister of home affairs, who was ordered by the high court in Pretoria last year to grant citizenship to two brothers born in SA of foreign parents in the 1990s.... Read more...
  •    Work visa requirements for South African immigration Background to Work Visa for South African Immigration South Africa offers a number of options for those who are seeking a Work Visa for the purposes of South African immigration. Similar to other countries the Work Visa legislation focuses on two main areas:... Read more...
  •    A penthouse in the V&A Waterfront in Cape Town sold for R45 million. * *The low interest rate seemed to have little impact on the luxury housing market, but this seems to be changing.* * *There has also been in increase in foreign buyers looking for and buying property in SA.* * *The March Lightstone Residential Property Index shows that annual house price inflation was 4.0% at the end of February 2021 signifying a positive increase from the previous month.*... Read more...
  •    Cape Town ` More than 153 000 asylum seekers in South Africa who have been waiting for years for a decision on their applications for refugee status will have their cases heard following an agreement between the UN Human Rights Council, the UN High Commissioner for Refugees (UNHCR) and the Department of Home Affairs to eliminate delays and clear backlogs. This as the UNHCR says refugees in Cape Town have approached them for support in rejoining the community, while others have expressed an interest in returning to their home countries... Read more...
  •    While South Africa is seeking critically skilled individuals, recent reports have shown that the number of South Africans seeking opportunities abroad has increased significantly over the past five to ten years owing to concerns about South Africa`s low economic growth, independent immigration services provider Xpatweb director Marisa Jacobs tells Engineering News.... Read more...
  •    Ten South African diplomatic missions are set to be axed to save costs. The South African government is expected to cut 10 of its diplomatic missions abroad, as a money-saving measure.... Read more...
  •    SA Visa Many tourists have been thrown into the deep end as Home Affairs implement South African visa changes overnight. I’m sure by now many of you have read or heard about the recent rules that have come into effect for the SA Visa. After doing some research I decided to gather some information together to try and put your minds at ease and make sure you are aware of how to avoid being declared an “undesirable” person.... Read more...
  •    Government has proposed a draft national master plan which aims to loosen regulations in the cannabis industry to promote economic development. • It wants to help create export markets for dagga growers. • Government plans to amend legislation to remove existing constraints that hinder commercialisation.... Read more...

Get the latest Immigration News