Representation of Overstay Disagree
Jovan Velanac and Uros Velanac, who are stay in Johannesburg with their parents, where declared as undesirable persons on July 02,2014 when they were leaving the country on their way to Republic Of Serbia.
They have signed Declaration of foreigner as undesirable persons, overstayed by 53 days. (Children are 16 years old).
We collected all the required documents for submitting an application for temporary residence, extension of work permit (visa) ,and Home Affairs accepted April,10 2014 for Dara Velanac (mother) and children to be accompany to her.
As we knew that parents (children) extended residence permit would already expire on the May,10 2014, we asked at the Home Affairs Office in Randburg, as well as the Office in Pretoria (phone call).
We asked,would children still be able to leave the country and return to the South Africa in the meantime or if they have to remain in South Africa and wait for the outcome application, which are still pending.
Advice, we (parents) received from the spokesperson of Department of Home Affairs, that travel out and in South Africa is legal with Acknowledge of Receipt, because for the "people who applied (their mother) before the new law came into operation ,application still stand ,and will not be subject to the new rules ,means the new law does not apply retrospectively."
Children were invited by Serbian community in collaboration with the Serbian Orthodox Church St. Toma, The Serbian Embassy (Pretoria) and Serbian school St. Sava in Johannesburg to represent South Africa in Traditional Dance (together with 15 boys and girls) and visit Republic of Serbia from July,02 until July,20 2014.
On July 02 ,2014 children checked in at Tambo International Airport to visit Republic of Serbia, and presented their passport t.
Immigration Officer informed children and guardian that the regulations had changed on and that children would now be banned from the RSA without parents knowledge ,and given document to children to sign (they are 16 years old).
The following list has the purpose of showing you good causes why children should not be banned and not to be an undesirable persons to the RSA.
1) Throughout all family entire applications process we have follow all instructions from the Department of Home Affairs. (include last 6 years)
2)We submitted all applications in time ,and Sinisa Velanac (father) have valid work permit ref. No JHB 14522/2013/TRV issued at Head Office on July,29 2013.
3) Home Affairs in Randburg and in Pretoria advise children's parents still be able to leave the country and return to the South Africa , while still waiting for the outcome of applications.
4) It is contradictory to stay in the country even without a valid permit-visa and then punish children for overstaying parents permit- visa and wait for the outcome application, which are still pending 3 months period .
5) Never in South Africa, not in any other country our family - CHILDREN ever committed any crime or acted in contradiction to the law.
6) Children attending school King Edwards VII,Houghton,11 class and also finished primary school Pridwin, in Melrose, Johannesburg.
7) Parents and are not advised and contents of this notice didn’t interpreted to guardian to understand explanation that children found declared undesirable of the fallowing overstayed not be able to come back at home in South Africa
8) Declaration of foreigner as undesirable person is signed by the children who are 16 years old, without any other signed document from guardian and parents.
9) Children suppose not to be deported back to origin of country-Serbia, because they are minors (16 years old),without parents or guardian permission and have no one to welcome them and give them safety and accommodation. Their parents and home is here, in South Africa.
We are confident that the above mentioned will convince you that children cannot be considered as an undesirable persons and therefore should not be prohibited from re-entering the country.
We are looking forward to a positive outcome of this appeal and remain with our
Family ,SinisaVelanac (father) Dara Velanac (mother)
Tel. 011 787 2005 Cell. 078 001 5541