Quick Answer: Prohibited Person vs Undesirable Person
South African immigration law distinguishes between a prohibited person and an undesirable person. Both affect your ability to enter or remain, but they arise differently and have different consequences.
In broad terms, prohibition attaches to defined circumstances set out in law, while a declaration of undesirability is made in response to conduct such as overstaying, and normally applies for a period. Confirm which applies to you, since the routes to address them differ. Requirements.co.za is an independent information website. It is not a government department, immigration practitioner or legal adviser, and nothing here is immigration or legal advice.
Who This Requirement Applies To
This guide is for anyone who has been refused entry, declared undesirable, or is concerned that a past issue may affect an application.
Where the consequences are significant, take advice from a qualified immigration practitioner rather than relying on general guidance.
Eligibility Requirements
The practical difference lies in how each arises and whether it can be addressed.
Applicant type
- Prohibited person. Arises from circumstances defined in immigration legislation. It is a status attaching to defined categories rather than a penalty imposed for conduct.
- Undesirable person. Normally arises from a declaration made in response to conduct, most commonly overstaying, and applies for a defined period.
- Duration. A declaration of undesirability normally runs for a period, whereas prohibition is not time-limited in the same way.
- Addressing it. Different processes exist. Confirm which applies before assuming either can be waived.
- Effect on applications. Both normally prevent a successful application while in force, so the status must be resolved first.
Documents You May Need
Keep everything relating to the decision, since it forms the basis of any application to address it.
Required proof
- The notice or decision recording the status, including its date and stated reason.
- Your passport, including any endorsement made at a port of entry.
- Evidence relating to the circumstances, such as reasons for an overstay.
- Any application form for the applicable process.
Steps to Apply or Prepare
Establish precisely which status applies and on what stated basis, since the two are addressed differently.
Confirm with Home Affairs what process exists to address it and what its deadlines are.
Take qualified advice where an application depends on resolving the status, since the consequences of getting it wrong are lasting.
Costs, Processing Times and Validity
Costs depend on the process that applies and on any professional advice taken. Timelines can be significant, and a status in force normally blocks other applications, so addressing it early matters.
Common Mistakes and Delays
Common mistake
- Assuming the two terms mean the same thing.
- Applying for a visa while a status is in force rather than addressing it first.
- Overstaying in the belief that a short overstay carries no consequence.
- Missing a deadline attached to the process for addressing a declaration.
- Relying on general guidance where qualified advice is warranted.
Where to Confirm Official Requirements
Confirm the current conditions, thresholds and process with the Department of Home Affairs. The Official Requirements Sources South Africa page links to the responsible bodies. Where the consequences are significant, consult a qualified immigration practitioner.
Frequently Asked Questions
What is the difference?
Prohibition arises from circumstances defined in legislation, while a declaration of undesirability normally arises from conduct such as overstaying and applies for a period. Confirm which applies to you.
How long does undesirability last?
It normally applies for a defined period. The period depends on the circumstances, so confirm what applies in your case.
Can either be addressed?
Processes exist, and they differ between the two. Confirm with Home Affairs which applies and what its requirements are.
Can I apply for a visa in the meantime?
A status in force normally prevents a successful application. Resolve the status first.
Where can I confirm my position?
Confirm with the Department of Home Affairs, and consider qualified advice.