Visa upon return to SA without visiting home country

Hi all,

My girlfriend is from Brazil, I am South African. We were in SA for 3 months at the beginning of the year and then started a trip around Southern Africa by crossing into Namibia. We then visited Botswana and Zimbabwe and are now about to cross into Mozambique. In a month or so we plan to cross back into SA. My girlfriend will have been out of SA for more than 5 months by then. Does anyone know how long the immigration official is likely to grant her upon return to SA?

On previous visits to SA she received another 3 months each time she crossed the border but according to the new rules she is apparently only entitled to a week upon re-entry without returning to her country of residence. When crossing into Namibia we asked the immigration official about the situation and she apologetically confirmed that she would only be permitted to grant 7 days upon return. However other travellers we have spoken to have said that they received another 3 months when flying into Jozi or Cape Town despite having been in SA for 3 months previously and not having returned home.

Does anyone have any recent practical experience of crossing a land border with a similar circumstance? We are genuine travellers and are not trying to perform a visa run (we've been out of SA for 5 months upon return). My girlfriend has a plane ticket back home within 3 months of our expected return. Do immigration at land borders also regularly grant 3 months in this case or is she far more likely to receive 3 months flying in?

Any help is much appreciated.

Thanks,

Charlie

How do they know whether you have returned to your home country?

I'm not stamped in or out of my country of residence (UK) - or of any other country within the EEA for that matter.

Sorry - doesn't actually help your situation but may be worth looking at more deeply. Is this a law designed for tourists or those from neighbouring countries working in SA.

Thanks for your response. Brazil doesn't stamp their citizens' passports either so we were wondering how they would tell.

I would guess these rules are aimed at neighbouring countries or those working illegally in SA given the current xenophobic climate but as I read the law home affairs seem unable or unwilling to distinguish between economic migrants and those bringing money into the country (financially independent visitors). When one considers that it is possible to extend the initial 3 months by applying within the first month through VFS (and paying their ridiculous $100 fee in addition to the old home affairs charge) it makes one wonder if financial gain or some sort of kickback from this fee is not the real reason for this idiotic new policy.

But perhaps we are being overly pessimistic and unnecessarily worried and the official will stamp three months in my girlfriend's passport with a warm smile as usual.

Unfortunately we were not being pessimistic. We crossed back into SA from Mozambique via the Giriyondo border post (Limpopo - Kruger Park) a few days ago. My girlfriend only received 7 days from the immigration official there (so that she could get her affairs in order and return to her home country apparently). Apparently it doesn't matter in the slightest how much time you have spent out of the country. She is heading to Swaziland tomorrow to depart the country before her visa expires.

FYI: We chose not to lie to the official when he asked if she had returned to her home country. Perhaps we could have and saved ourselves the hassle. Flying in didn't suit us as we were meeting family in Kruger. We were unsure that we would get 3 months even if we flew in and 7 days from Joburg would have messed up our plans.

Hopefully this ridiculous situation will change in the future.

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