Foreign nationals who overstay their visas in South Africa are now subject to bans on re-entering the country, according to an internal directive from the Department of Home Affairs (DHA). Previously visa overstays were subject to fines. The change is effective immediately.
The length of an individual’s re-entry ban will depend on the length of the overstay:
- A foreign national who overstays for 30 days or less will not be able to enter South Africa for 12 months.
- A foreign national who overstays a visa for the second time within a period of 24 months will not be able to enter for two years.
- A foreign national who overstays for more than 30 days will be subject to a five-year ban on entry.
What This Means for Employers
Employers are advised to work with their Fragomen representative immediately to review how the rule change will affect foreign nationals who are required to travel internationally in the upcoming weeks. Employers should continue to carefully monitor the expiration dates of their foreign workers and to plan extension applications well in advance to avoid lapses in authorized stay.
How Can Fragomen Assist
Fragomen assists clients with immigration compliance in South Africa, including monitoring foreign employees’ visa expiration dates. Fragomen is seeking clarification from the DHA regarding the latest directive and will distribute additional updates and guidance in the near future. Fragomen professionals are available to discuss the new laws and available strategies.
This alert is for informational purposes only. If you have any questions, please do not hesitate to contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
© 2009 - 2015 © Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.
Explore more at Fragomen
Video
Senior Associate Isabel Schnitzler discusses how to navigate business travel in Germany.
Awards
Partners Molly Carey and Catherine Macris are finalists for the 2025 New England Legal Awards in the Partner of the Year and Regional Managing Partner of the Year categories.
Media mentions
Matawan Managing Partner Rahul Shah reflects on his path in immigration law and shares his perspective on global mobility.
Awards
The 2026 edition of The Best Lawyers in America™ honors numerous Fragomen attorneys for excellence in immigration law, including Partner Sarah K. Peterson, who received the distinguished “Lawyer of the Year” award.
Video
In this video, Senior Manager Ben Morgan offers a comprehensive overview of Greek citizenship by descent—a key pathway for individuals with Greek ancestry to obtain citizenship.
Blog post
Partner Aim-on Larpisal and Senior Knowledge Management Specialist outline key visa options available to international students seeking to study in Thailand, emphasizing strategic planning for a smooth application process.
Fragomen news
Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.
Media mentions
Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.
Blog post
Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.
Blog post
Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.
Blog post
Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.
Blog post
Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.
Video
Senior Associate Isabel Schnitzler discusses how to navigate business travel in Germany.
Awards
Partners Molly Carey and Catherine Macris are finalists for the 2025 New England Legal Awards in the Partner of the Year and Regional Managing Partner of the Year categories.
Media mentions
Matawan Managing Partner Rahul Shah reflects on his path in immigration law and shares his perspective on global mobility.
Awards
The 2026 edition of The Best Lawyers in America™ honors numerous Fragomen attorneys for excellence in immigration law, including Partner Sarah K. Peterson, who received the distinguished “Lawyer of the Year” award.
Video
In this video, Senior Manager Ben Morgan offers a comprehensive overview of Greek citizenship by descent—a key pathway for individuals with Greek ancestry to obtain citizenship.
Blog post
Partner Aim-on Larpisal and Senior Knowledge Management Specialist outline key visa options available to international students seeking to study in Thailand, emphasizing strategic planning for a smooth application process.
Fragomen news
Partner Charles Johanes contributed insights to the Australia section of a global immigration and mobility guide.
Media mentions
Pittsburgh Managing Partner Alex Castrodale and Associate Adam Teets highlight the need for US employers to prepare for unannounced immigration compliance checks.
Blog post
Associates Stephanie Fitton and Halil Kaya and Paralegal Marcus Alexander Lang-Rawlings discuss how UK changes to the Skilled Worker visa in 2025 are reshaping sports sector employment.
Blog post
Assistant Business Immigration Managers Jeszel Panistante-Cabral, Elsie Lim and Nellanie Quimson explore the complexities young professionals face entering the workforce and the evolving hiring landscape in Singapore.
Blog post
Director David Iannella discusses Fragomen Germany’s approach to outbound immigration solutions and how the office supports global mobility through visa services and compliance expertise.
Blog post
Corporate Services Manager Asfandyar Sheikh and Assistant Corporate Services Manager Ka-Ying Leung discuss Saudi Arabia’s push for corporate transparency through new ownership disclosure rules.