There is significant confusion around what people call a “Letter of Good Cause.”

In law and in practice, this is commonly referred to as a Form 20 request, and it is directly linked to situations where a person has overstayed or fallen out of status.

If you have overstayed and want to submit a new visa application, this step is not optional.

And it is not submitted at VFS.

The Legal Position: What the Law Says About Overstaying

Overstaying in South Africa is governed by the:

• Immigration Act 13 of 2002

• Immigration Regulations, 2014

In terms of section 32 of the Immigration Act, a foreign national who remains in South Africa beyond the validity of their visa becomes an illegal foreigner.

Regulation 27 of the Immigration Regulations deals specifically with undesirable status due to overstaying.

Depending on the length of overstay, a person may be declared undesirable for:

• 12 months

• 24 months

• 5 years

This declaration prevents the person from re-entering or regularising their stay in the ordinary way. However (and this is where Form 20 becomes important) there is a mechanism to request that Home Affairs exercise discretion in relation to that overstay.

What Is Form 20 (Often Called a Letter of Good Cause)?

Form 20 is a formal request submitted directly to the Department of Home Affairs.

It is not submitted to VFS.

It is a request asking Home Affairs to:

• Consider your reasons for overstaying

• Exercise discretion

• Allow you to proceed with a visa application despite previous non-compliance

This request must be approved before you attempt to submit a new visa application through VFS.

Without this approval, VFS will not accept your application.

Very Important: This Is Separate from a Visa Application

This is where many people become confused.

There are three separate processes:

1️⃣ A Visa Application (Submitted Through VFS)

This is your actual application (e.g., spousal visa, relative visa, work visa, etc.).

It is lodged through VFS Global.

If you have overstayed and do not have Form 20 approval, VFS will refuse to accept your application.

2️⃣ A Form 20 / Letter of Good Cause Request (Submitted to Home Affairs)

This is submitted directly to Home Affairs.

It is a request to regularise your position so that you may submit a visa application.

It is not lodged at VFS.

It is not processed by VFS.

It is handled by Home Affairs.

Only once it is approved can you proceed with your visa submission.

3️⃣ A Waiver Application (Different Process)

A waiver application is something else entirely.

Waivers are used when an applicant cannot meet a specific regulatory requirement (for example, certain documentary requirements under the Regulations).

Waivers are submitted through VFS.

A Form 20 request is not a waiver.

It deals specifically with overstay and non-compliance.

When Do You Need a Form 20?

You will need to request Form 20 if:

• Your visa has expired

• You remained in South Africa beyond your authorised stay

• You are out of status but otherwise qualify for a visa

What Must Be Included in the Letter of Good Cause?

Although commonly referred to as “just a letter,” this is a formal legal submission.

It must:

• Clearly explain the period of overstay

• Provide a full timeline

• Set out reasons for non-compliance

• Demonstrate good faith

• Attach supporting evidence

• Show that you now meet all visa requirements

Home Affairs is assessing:

• Whether your explanation is credible

• Whether your conduct shows respect for immigration law

• Whether discretion should be exercised

Overstaying is not a minor administrative issue under the Immigration Act.

It is a legal status issue. And it must be addressed correctly.

Why Professional Assistance Matters

A Form 20 request is not simply “writing a letter.”

It is:

• Framing your circumstances within the Immigration Act

• Addressing Regulation 27 implications

• Anticipating discretionary concerns

• Avoiding harmful admissions

• Presenting a legally coherent timeline

How I Assist

At Legal Assist Solutions, I assist foreign nationals who:

• Have overstayed and need to regularise

• Have been declared undesirable

• Need to request Form 20 approval

• Want to submit a compliant visa application after non-compliance

I assist with:

• Drafting the Form 20 Letter of Good Cause

• Structuring the legal explanation properly

• Ensuring documentary support is aligned

• Preparing clients to proceed correctly with VFS once approval is obtained

If you are uncertain about your status or need assistance with a Form 20 request, you are welcome to contact me directly.

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