Regularisation: Applications for a Form-20
In terms of Section 31(2) of the Immigration Act, read together with Immigration Regulation 30(1), an illegal foreigner who has not been arrested or served with a deportation order may approach the Immigration Inspectorate for authorisation to remain in the Republic pending an application for a status. Regulation 30(1) provides:
“Upon requesting authorisation as contemplated in section 32(1) of the Act, an illegal foreigner who has neither been arrested for the purpose of deportation nor been ordered to depart and who wishes to apply for status after the date of expiry of his or her visa, shall: (a) demonstrate, in writing, to the satisfaction of the Director-General that he or she was unable to apply for such status for reasons beyond his or her control; and (b) submit proof to the Director-General that he or she is in a position to immediately submit his or her application for status.”
This is not an amnesty, and it is not automatic. It is a narrow administrative remedy, and it will only assist foreigners who meet a strict dual test.
The Dual Test
To qualify for regularization, an applicant must demonstrate both of the following:
- The illegality arose for reasons “beyond his or her control”. The applicant must show that their loss of legal status was not a purposeful contravention, nor a choice, nor simply arose by neglect — it must have been caused by circumstances outside their control.
- The applicant must demonstrate that he or she “immediately qualifies for a status”. A regularisation does not create eligibility where none exists. The applicant must already meet the substantive requirements for the visa or status they intend to apply for, without the need for further qualification, documentation, or waiver.
Both elements of the test must be satisfied.
Important: Regularisation is a remedial process, not a shortcut. If an applicant would not have qualified for the relevant status in the first place, this process will not — and is not designed to — produce a positive outcome. Before instructing us, we assess whether an applicant can, in principle, meet the underlying visa requirements. If they cannot, a regularisation might not be the right remedy, and we will tell you so.
How the Process Works
- Application to the Immigration Inspectorate. The foreigner must approach in person the Inspectorate for authorisation to remain in the Republic pending a status application. Representation does not constitute subsitution.
- DHA-20 Authorization. If granted, the authorization is issued on a DHA-20 form. This is what enables VFS Global to accept a visa application submission from someone who does not currently hold valid status — without it, VFS Global cannot process the submission.
- DHA-23 Acknowledgment. Once the visa application is submitted, the applicant is issued a DHA-23 form, acknowledging receipt of the submission. Pending the outcome the DHA-23 form warrants protection to the illegal foreigner.
- Reporting Obligations. Pending a decision, the applicant is required to report back to the Inspectorate in person at regular intervals set by the Inspectorate, until a decision is made.
Why Careful Assessment Matters
Because a regularisation only works where the applicant would otherwise qualify for a status, we carry out a careful assessment of eligibility before quoting on any regularisation related mandate. This protects clients from paying for an application that has no realistic prospect of success, and it reflects our broader approach: we only take on mandates where we believe we can add genuine value to.
If, on assessment, your circumstances do not meet the eligibility criteria above — in particular, if you would not qualify for the underlying visa — we will advise you accordingly rather than proceed with an application that is unlikely to succeed.
Eisenberg & Associates assists with regularisation applications and related appeals where the eligibility criteria are met.
Frequently Asked Questions
What isa regularisation under the Immigration Act?
A regularisation is an administrative process that allows an illegal foreigner who has not been arrested or deported to apply to the Immigration Inspectorate for authorisation to remain in the Republic while they apply for a status.
Who qualifies for regularisation?
An applicant must meet a dual test: their illegal status must have arisen for reasons beyond their control, and they must already qualify for the status they intend to apply for.
What is a DHA-20 form?
A DHA-20 is the authorisation issued to a foreigner permitting them to remain in the Republic pending a status application. It is required before VFS Global will accept a visa submission from someone without valid status.
What is a DHA-23 form?
A DHA-23 is the acknowledgment of receipt issued once a visa application has been submitted following DHA-20 authorisation.
Do I need to report to the Inspectorate while my application is pending?
Yes. Applicants are required to report back to the Immigration Inspectorate in person at regular intervals until a decision is made on their application.
Will regularisation help me if I wouldn’t otherwise qualify for a visa?
No. Regularisation is a remedial process for foreigners who already meet the requirements for a status but lost legal standing for reasons beyond their control. It is not a route to eligibility for someone who does not otherwise qualify.
Does Eisenberg & Associates take on every regularisation matter?
No. We carry out a careful assessment of eligibility before quoting. We only proceed with mandates where we believe we can add genuine value, and this does not extend to circumstances that do not meet the eligibility criteria above.