# Appeal vs new application



## SAtrotter (Jan 14, 2015)

So, I just found out that I am unable to put in a new application if I have an appeal in the system. I tried to cancel the appeal but it is not possible. My visa expires end of this month. I had planned to leave SA to put in a new application for a different visa. 

Now, I am no longer sure what to do 

Any help or suggestions, welcome. Thank you all


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## Fynbos (Jan 8, 2015)

Hi SAtrotter,

Firstly, what visa are you currently on?


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## SAtrotter (Jan 14, 2015)

Fynbos said:


> Hi SAtrotter,
> 
> Firstly, what visa are you currently on?


Hi Fynbos. I am on a General Work Visa.


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## Fynbos (Jan 8, 2015)

And the new application you're referring to, is that for another General Work Visa? Also, who told you cancelling an appeal is not possible? This is not the case in our experience. You can submit a new application provided you have proof of cancellation of the appeal.


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## SAtrotter (Jan 14, 2015)

I also see that this is an issue that continously comes up and has been answered. I guess I have to stay in South Africa until my appeal is processed.


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## Jack14 (Oct 26, 2014)

Make sure you leave before ur current visa expire


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## LegalMan (Dec 26, 2012)

Hi SAtrotter, 

You are able to submit a request for a cancellation of your current appeal with a new application. Nowhere in the Immigration Act does it stipulate that one cannot submit a request to cancel the appeal and submit a new application simultaneously. 

Are you planning on leaving the country before your visa expires? 

If you are, I suggest that you apply for a new visa in your country of origin whilst you are there. 

Before leaving, you should submit a letter to Home Affairs requesting the cancellation of the appeal. 

If you are planning to stay, then I suggest fast tracking your appeal process, should you not want to combat the fact that they are wrong about not being able to cancel the appeal and submit a new application.


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## SAtrotter (Jan 14, 2015)

Thank you all. I think leaving is the best course of action. A guy from VFS told me I could not cancel. @ Fynbos, I am applying for a different visa, a critical skills visa, which is what I should have applied for from the start. Thanks LegalMan. I am glad it is possible to put in a cancellation simultaneously. Yes, doing it from my home country seems to be the most logical solution.


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## LegalMan (Dec 26, 2012)

Hi SAtrotter, 

Make sure you have the application fully prepared before you leave SA, as not to waste in time in your home country.


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