How can I remove my V-list code J status?

The long answer

Under Section 29 of the Immigration Act, there are two V-listings:

1. V-list code K

2. V-list code J

3. V-list code K means a person has been declared undesirable because they have overstayed their visa. The Immigration Act says that an immigration official must give a written “declaration of undesirability” to the person, which must state how many days the person has overstayed. A person declared undesirable is banned from South Africa for a period of one year up to five years, depending on how long they had overstayed their visa. 

4. V-list code J means that a person has been declared a prohibited immigrant, and is permanently banned from returning to South Africa. They could not enter by any land border post and would be refused permission to board any flights going to South Africa, or even passing through South Africa.

V-list Code J is usually given for having been deported from South Africa before, or for having fraudulent documents like a fake visa, passport or ID, (these could also be legitimate documents that belong to another person) and also if the Department of Home Affairs (DHA) has rejected an asylum application as “manifestly unfounded”. 

Even after you have served your sentence or paid your fine, the only way you can remove either V-list Code K or Code J from your passport is by successfully appealing to the Department of Home Affairs (DHA). For V-list Code K, the appeal must be sent to overstayappeals@dha.gov.za) within 10 days of receiving the ban.

For V-list Code J, there are two possible appeals:

1. Previously Deported Persons (Rehabilitation Application)

2. Fraudulent Documents (and all other reasons)

If you’ve been deported from South Africa before, you would have to apply for a Waiver Letter by submitting a “Rehabilitation Application” to the Director-General of DHA at prohibitionappeals@dha.gov.za.

A useful article by Iustitia explains that for the Rehabilitation Application, you would need to meet the following requirements (copied from their article): 

1. You need to be absent from South Africa for at least 4 years from the date of your official deportation.

2. You will need to provide clear police clearance certificates from your home country and from South Africa.

3. Written representations to the Director-General in the form of a sworn affidavit.

Iustitia says the following is required to prepare a strong Prohibited Appeal (copied from their article):

1. A copy of your current passport bio page.

2. A copy of the bio page of the passport you were using when you were declared “prohibited” (if different from the current passport).

3. A copy of the allegedly fraudulent visa.

4. Copies of any official documentation received from the DHA concerning your status.

5. Copies of all previous (legitimate) South African visas.

6. A detailed rundown of how you came into the possession of an allegedly fraudulent visa.

7. Full details of the “agent” you used to obtain the allegedly fraudulent visa – including names, contact details, price paid (and proof of payment), conversation history (email, WhatsApp chats, Facebook messages, SMSs, call log screenshots, etc.).

8. Police clearance certificates from South Africa and your home country.

Although they say that successfully appealing the “prohibited status” is extremely challenging, because the DHA takes a very strong stand against fraudulent documents, it is still your legal right to appeal. They emphasise that you would have to give comprehensive evidence that you did not know that the documents were fraudulent and that you had no intention of participating in the fraud. The DHA is of course aware that there are many dubious individuals and agencies that get hold of fraudulent visas without the prohibited person even knowing that the documents were fake. The courts found in 2024 that section 29(1)(f) of the Immigration Act, under which a person is declared a prohibited immigrant, cannot automatically apply “to persons unaware of the fraudulent nature of documents they possess.”

The DHA generally takes about thirty days to process an appeal.

But as it is such a detailed and complex legal process to appeal, it’s better to consult a lawyer.

These are some of the organisations that you could approach for assistance:

Lawyers for Human Rights (Refugee and Migrant Rights Programme) in Johannesburg: 

• Phone: 011 339 1960

• Email: lhr@lhr.org.za

Legal Resources Centre:

• Phone: 011 038 9709

• Email: info@lrc.org.za

Refugee Rights Unit, University of Cape Town 

• Phone: 021 650 5581 

• Email: refugeelawclinic@uct.ac.za

Wishing you the best,
Athalie