# Critical skill visa extension rejected



## ITPersonInGreatNeed (Feb 15, 2016)

Hello All,

I have kind of have difficult situation, hope somebody will be able to help.

I received Critical Skill Visa on 11 Feb 2015. I came to South Africa on 26 Mar 2015.
As my visa says "Enter on or before" - 16 Feb 2018 but it also says I must "submit proof of employment within 12 months of admission".
So I asked VFS how to submit my proof of employment and they advised me to apply for extension of visa initially granted for 12 months (They asked me to apply under change of condition on VFS website) which I did in Jan 2016.

But in few days I received rejection letter saying I did not submit SAQA document. SO I asked VFS again and they told me to apply for appeal against it so I obliged and submitted appeal in last week.

But now when I surfed through internet found out that appeal may take 4-12 months.
And my company is sending me to India (My home country) in Mar for some work and I'm supposed to return to South Africa in April.

I'm not sure if immigration will allow me or not to enter to South Africa if my appeal is not addressed. Can somebody advise me what I should be doing?

I have all the documents (Except original IITPSA letter) with me and don't mind applying again if needed.

Please advise urgently.
Your help is greatly appreciated.


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## Kickagainstxenophobia (Feb 9, 2016)

You have to appeal with the said SAQA certificate. Appeal takes 12 months to get an outcome.


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## clivemalungah (Sep 27, 2014)

"Enter on before -16 Feb 2018" or is it 2016 ?
If its 2018 then your visa is still valid you can go and come back.
If its 2016 then you cant go till your appeal is finalized as you have technical overstayed.....


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## Kickagainstxenophobia (Feb 9, 2016)

clivemalungah said:


> "Enter on before -16 Feb 2018" or is it 2016 ?
> If its 2018 then your visa is still valid you can go and come back.
> If its 2016 then you cant go till your appeal is finalized as you have technical overstayed.....


Right on point!!


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## ITPersonInGreatNeed (Feb 15, 2016)

Cool ...Tnx a lot
Yes it has date 16 Feb 2018 and not 2016


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## Kickagainstxenophobia (Feb 9, 2016)

ITPersonInGreatNeed said:


> Cool ...Tnx a lot
> Yes it has date 16 Feb 2018 and not 2016


Then you can travel and return.


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## revk (Jun 29, 2015)

But doesn't "Enter on or before" indicate single-entry visa ? So, if he has already entered SA on 25th Mar 2015, will he be allowed to enter again on that same visa? I thought multiple-entry would be explicitly called out on the visa, if not it would be single-entry visa?

-RevK


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## ITPersonInGreatNeed (Feb 15, 2016)

*I have multiple entries visa*

Hi Revk,

I have multiple entry visa.
My visa says no. of entries - Multiple.
So I don't think it will be problematic for me.


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## Klipspringer (Feb 21, 2015)

ITPersonInGreatNeed said:


> So I asked VFS how to submit my proof of employment and they advised me to apply for extension of visa initially granted for 12 months (They asked me to apply under change of condition on VFS website) which I did in Jan 2016.


I notice VFS told you to apply for extension of visa initially granted for 12 months, yet your visa wasn't granted for 12 months if it is valid until 2018, it was granted for 3 years! For the visa granted for 12 months you only need to submit a short list of documents that doesn't include the SAQA certificate. However, DHA probably saw you didn't have the 12 month visa and therefore decided they require all documents (even though this seems rather arbitrary). Also, extension of the 12 month visa is usually applied for under Renewal, not Change of Conditions. Another reason why DHA might have asked for the SAQA. It seems to me that you were given bad information by VFS that lead to your visa denial. May I ask at which branch of VFS you made the application?


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## ITPersonInGreatNeed (Feb 15, 2016)

Hi Klipspringer,

Tnx for your inputs.
Yes it was advised by VFS to apply for change of condition.
Also I was one of those early receivers of Quota/CSV permits.
And my visa is bit different than what new guys are receiving these days.

PFA my visa and if you can advice it will be helpful.
One of my friend suggested that I can check with immigration officers at airport if my visa is valid or not, do any body has knowledge about this?

Regards,
ITPersonInGreatNeed


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## Klipspringer (Feb 21, 2015)

As far as I can tell your visa must still be valid, you just need some kind of proof that you submitted your work contract. It used to be that people who got a 3 to 5 year visa just needed to email the job offer/contract to an email address at the department of home affairs, and some were still given this advice for months after the visa rules changed. When you would send an email to this address you would get a message saying that you could print this email as proof that you have submitted the contract. That was all you needed to do - without having to go through VFS and apply for a renewal or change of conditions. If you think about it, it doesn't make sense that they would give you the visa for 3 years if you had to do a renewal within 1 year anyway. I don't know if this procedure has now completely fallen away (to email your contract) but it's worth giving it a try to see what happens. Unfortunately i don't know what the email address is, but maybe someone else on this forum can help or you can do a google search. Or call Home Affairs, they often give completely different advice from VFS. Anyway, I am not an expert just recalling things I have read. Good luck!


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## expartobe (Feb 11, 2016)

yeah. There are couple of things I can pick up here


1. Like you are saying, it seems you were given a "Quota Permit" yet it was phased out on introduction of Critical Skills Visa in 2014. I must say this looks strange. Maybe the consulate system wasn't updated by then.

2. Your visa is valid till Feb 2018. I don't get why they advised you to apply for an extension or change of condition. It's clearly stated that you should only submit proof of employment (and I would guess a contract of employment for that).

*Possible reason for the vfs advice:* Maybe the vfs official thought since Quota Permit is no longer in force, you may have problems after 3 years so it's better to change it now. 

3. Vfs still has some info on "Quota Permit" on the "critical skills visa" page. Check the attached snip of their crtical skills visa page.


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## revk (Jun 29, 2015)

Hi expartobe, everyone,

I got my critical skills visa from Mumbai embassy (India) last week. I had applied in December 2015. My visa page also says "Quota Work Permit" at the top and "To work on critical skilla visa ..." in the comments section - it is exactly same as the one ITPersonInGreatNeed has.
I'm very worried if this is going to cause problems in my entering or looking for work in SA...Please advise me whether something needs to be done about this. 

Thanks
RevK


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## revk (Jun 29, 2015)

Just wanted to add...unlike ITPersonInGreatNeed, my visa only has 1 year validity....please someone help me with my query above....thanks a lot..


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## expartobe (Feb 11, 2016)

revk said:


> Just wanted to add...unlike ITPersonInGreatNeed, my visa only has 1 year validity....please someone help me with my query above....thanks a lot..


I guess it's Mumbai style to put "Quota Permit" or maybe not. What others say?:confused2:

But I don't think you gonna have any problem. Since yours is issued for 12 months, what you need to do now is to find an employment (5 years or more contract would be perfect) and then head over to VFS to apply for extension of visa initially granted for 12 months.

*Or* since it's says Quota, you may want to apply under change of conditions like ITPersonInGreatNeed. But for this one it seems like it's a fresh new application, so you better collect all the supporting documents you submitted first time. Eish. Not ayoba, but hey it's better than being sorry.

Thats my 0.01 ZAR. Let's hear what others say.:juggle:


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## revk (Jun 29, 2015)

Thanks, @expartobe!!

Yes, I will now start looking for a job offer, and worry later about the whole renewal/extension/change-of-conditions question...

-RevK


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## Klipspringer (Feb 21, 2015)

I found this piece of info on the VFS website that might be helpful: 

Where do I send documents to comply with a condition set on my permit?

Applicants may use the e-mail address [email protected]*to send their documents for compliance with conditions on their permits/visas. It may also be used for quota reporting however the correct quota reporting address is*[email protected]


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## ITPersonInGreatNeed (Feb 15, 2016)

Hello Everybody,

Just came back from India.
There was no problem at all at immigration, so as you guys suggested my visa is valid till 2018.
Although I sent an email to dha as per VFS website and kept a copy of it along with me.
But immigration never asked for this.

So happy to be in SA, and tnx everybody for your help.


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## Kickagainstxenophobia (Feb 9, 2016)

ITPersonInGreatNeed said:


> Hello Everybody,
> 
> Just came back from India.
> There was no problem at all at immigration, so as you guys suggested my visa is valid till 2018.
> ...


Welcome back!!


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## LegalMan (Dec 26, 2012)

ITPersonInGreatNeed said:


> Hello Everybody,
> 
> Just came back from India.
> There was no problem at all at immigration, so as you guys suggested my visa is valid till 2018.
> ...


Basically, there are no Critical Skills visa stickers in that SA mission to stick in your passport. So they use an old Quota Work Permit sticker and simply write in the terms of the visa. Everything is fine.

However, as is *so* common, VFS gave you very poor information. By the way, VFS is not allowed to give advice as per their contract with the DHA.


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## expartobe (Feb 11, 2016)

LegalMan said:


> Basically, there are no Critical Skills visa stickers in that SA mission to stick in your passport. So they use an old Quota Work Permit sticker and simply write in the terms of the visa. Everything is fine.


LOL! That's what got me surprised. The conditions seemed to be in order. The only problem is *Quota Work Permit*. Now that you are mentioning a sticker, isn't *Quota Work Permit* supposed to be some *text* somewhere where DHA personnel could edit before she clicks *Print*. 

If not, then now I've just remembered my old vintage camera together with its film. It was either I perfect the picture, or I waste yet another film. But that's none of my business. :spit:


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## LegalMan (Dec 26, 2012)

expartobe said:


> LOL! That's what got me surprised. The conditions seemed to be in order. The only problem is *Quota Work Permit*. Now that you are mentioning a sticker, isn't *Quota Work Permit* supposed to be some *text* somewhere where DHA personnel could edit before she clicks *Print*.
> 
> If not, then now I've just remembered my old vintage camera together with its film. It was either I perfect the picture, or I waste yet another film. But that's none of my business. :spit:


They can't print, they can't edit, they receive the stickers already printed.


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## expartobe (Feb 11, 2016)

LegalMan said:


> They can't print, they can't edit, they receive the stickers already printed.


Interesting. 
So what's the process when the embassy/consulate receive an application?
I understand in SA, VFS will forward the application to DHA for adjudication.


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## ITPersonInGreatNeed (Feb 15, 2016)

Hi Expartobe,

In India we directly submit the application SA consulate office in Mumbai.
I dont know after that if it is forwarded to DHA in SA OR taken care locally.


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## Fortune07 (Apr 14, 2016)

ITPersonInGreatNeed said:


> Hi Expartobe,
> 
> In India we directly submit the application SA consulate office in Mumbai.
> I dont know after that if it is forwarded to DHA in SA OR taken care locally.


I think for some VISAs, when you apply in the local Consulate or High Commission, the file is sent to DHA. Whether it is the physical file or what i am not sure...but for some VISAs, verifications are being made at the DHA. 

That is where my husband's application (EXtended Visitor's VISA to join spouse on General work permit) is stock now; verification of my VISA and all what not.

When we contacted the High Commission where we lodged the application, they said it has been referred to the DHA.


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## LegalMan (Dec 26, 2012)

Fortune07 said:


> I think for some VISAs, when you apply in the local Consulate or High Commission, the file is sent to DHA. Whether it is the physical file or what i am not sure...but for some VISAs, verifications are being made at the DHA.
> 
> That is where my husband's application (EXtended Visitor's VISA to join spouse on General work permit) is stock now; verification of my VISA and all what not.
> 
> When we contacted the High Commission where we lodged the application, they said it has been referred to the DHA.


The only applications sent back to SA from abroad are for Permanent Residence. All other applications made abroad go to the SA mission in that country or closest to that country. If there are not enough stickers, they make do with what they have. It is not a problem that it says Quota Work Permit.


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## Fortune07 (Apr 14, 2016)

LegalMan said:


> The only applications sent back to SA from abroad are for Permanent Residence. All other applications made abroad go to the SA mission in that country or closest to that country. If there are not enough stickers, they make do with what they have. It is not a problem that it says Quota Work Permit.


Really? So many questions popping in my head now.
1. Did the secretary of the High Commissioner of the SA High Commission in Cameroon lie to us when she said my husband's application has been referred to Home Affairs?
2. As it has been taking too long, I enquired from Home Affairs and got a reply 'the department is working on it and will inform you in due course.
2.1 Was this gentle man also lying to me?
2.2 He didn't check to know if the file is there or not, he replied to my mail just for the sake of replying?
2.3 Shouldn't this Home Affairs official know that such VISA applications are not being sent to SA And I must continue seeking feedback from the High Commission where the application was made?


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## LegalMan (Dec 26, 2012)

Fortune07 said:


> Really? So many questions popping in my head now.
> 1. Did the secretary of the High Commissioner of the SA High Commission in Cameroon lie to us when she said my husband's application has been referred to Home Affairs?
> 2. As it has been taking too long, I enquired from Home Affairs and got a reply 'the department is working on it and will inform you in due course.
> 2.1 Was this gentle man also lying to me?
> ...


1. Not enough information, I don't know.
2.1. I don't know.
2.2. I don't know.
2.3. Yes, that and the Home Affairs hotline.

I can't gauge if someone is lying. All I can tell you is that PR applications go to Pretoria and temporary residence applications are usually handled at the SA mission where they were submitted.


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## Fortune07 (Apr 14, 2016)

LegalMan said:


> 1. Not enough information, I don't know.
> 2.1. I don't know.
> 2.2. I don't know.
> 2.3. Yes, that and the Home Affairs hotline.
> ...


Yeah....Thanks LegalMan
All those questions were kind of rhetorical cause no one can actually know. Well when i finally get results, i will come to confirm if actually files were sent to DHA or not seeing that the DHA official in SA i wrote to said they will inform me when they are done. Also, someone once told me since his visa is to accompany spouse on work permit, then the spouse's work permit has to be verified hence they send to DHA. Well i will wait i see.

Thanks


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## ITPersonInGreatNeed (Feb 15, 2016)

Hello All,

I got below message from [email protected], to whom I have earlier submitted all my documents. I don't know what to make of it, Any advice please.

Dear client

Receipt is hereby acknowledged of your e-mail message in respect of your enquiry in respect of / documentation being submitted to (i) proof compliance with the conditions as endorsed on your critical skills work visa or quota work visa or (ii) to proof compliance with the conditions as endorsed on your permanent residence permit or (iii) to inform the Department of Home Affairs that the purpose of a foreigner’s temporary residence visa has changed i.e. the foreigner has left the Republic of South Africa, changed employer or changed learning institution.


(a) Proof of compliance in respect of the conditions endorsed on your permanent residence permit:

Please e-mail the documentation as endorsed on your permanent residence permit.

(b) To inform the Director-General that the purpose of a foreigner’s temporary residence visa has changed, please submit the following documentation:

· Certified copy of the first page of the foreigner’s passport
· Certified copy of the temporary residence visa in the foreigner’s passport indicating the purpose for which the visa was issued
· Letter from the foreigner’s employer / learning institution that the foreigner has left their employment / learning institution
· South African Foreign Offices – for the purpose of refunding repatriation deposits – a copy of the departure stamp in the foreigner’s passport confirming the departure of the person

PLEASE NOTE: The e-mail server of the Department of Home Affairs can only accommodate documentation up to and including 4 mega-bites of data per document e-mailed at a time. Any document larger than this will unfortunately not be received which will result in the application not being attended to. If your document exceeds 4 mega-bites of data, you are welcome to send more than one e-mail message.

PLEASE ENSURE THAT YOU HAVE INCLUDED ALL PERSONAL PARTICULARS OF THE APPLICANT IN THE HEADING OF YOUR E-MAIL!


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## ITPersonInGreatNeed (Feb 15, 2016)

Any help guys. Please


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## KoolKam (Jun 25, 2016)

revk said:


> Thanks, @expartobe!!
> 
> Yes, I will now start looking for a job offer, and worry later about the whole renewal/extension/change-of-conditions question...
> 
> -RevK


Hi RevK,

I am in a similar situation where my csv has Quota work permit at the top, instead of CSV.
After getting a permanent job, applied for visa extension with full list of documents.
I submitted on 10th May in Rivonia Office and collected outcome yesterday ie 26th May within 2 weeks.
It was a strange reason for me as per Rejection Letter from DHA.

Comments: 'Passport of the applicant was not scanned properly'.

I really cant understand was the issue with my passport photocopy or VFS didnt scan my passport properly.
In either case, if DHA has asked for clear copy, I could have submitted again.
But it was rejected straight away and am left with just 3 more months before my current visa expires.

Can you please let me know if you were able to extend your one year csv after coming here, your responses will be highly appreciated. Thanks.


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