# Critical Skills - where I can apply



## capetownkelly (Jul 28, 2011)

Hello,

For the past 2 years I have been working in South Africa on a General Work Permit. I am still working the same job and I need to apply for a new visa. My company is suggesting a Critical Skills visa as I qualify and it is supposed to be quicker than General Work Visa is now since the changes.

I am an American citizen but I got the first visa in France as I was living there at the time. Given that home affairs is such a nightmare here in SA, I would like to go back to France to apply. I do not know if I still have the right to apply there. I still have a 10 year French resident card and my legal partner is french (PACS in France), though he has his own visa and will not be applying on mine. I would rather go there than the US as I can work from our offices there while waiting if possible.

I have been trying to call the consulate in France for days now (and sent email) but they never answer (they didn't 2 years ago either during the whole month of August), just wondering if anyone knows about this. Thanks in advance.


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## Klipspringer (Feb 21, 2015)

How long do you have left on your current visa? Critical skills visas are actually being processed a little faster here than the rest.


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## capetownkelly (Jul 28, 2011)

*Time left*

My visa expires at the end of October. I have a big issue in that I am waiting for my US Police Clearance that is taking 11-13 weeks (I did not know that as last time it took 5) and I wont have that until beginning to mid oct. I thought about submitting without the US Police Clearance and then having to appeal when it is rejected but I don't think that is the best option at this point.


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## Klipspringer (Feb 21, 2015)

No, it seems you've run out of time. Could you perhaps contact the embassy in France to ask them if they'll allow you to submit your application over there?


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## Klipspringer (Feb 21, 2015)

Oops sorry, I see you've already tried that.


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## capetownkelly (Jul 28, 2011)

Thanks Klipspringer, yes I have tried so many times and it is impossible to get them on the phone.


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## capetownkelly (Jul 28, 2011)

Sorry, one more question as well... I know you are supposed to apply 60 days before the expiry of your visa if applying in South Africa, but I cannot find anything that says you can still apply in less than 60 days before the expiration. If I don't have all my docs (US Police Clearance) before Oct and my visa expires end of Oct, can I still apply sometime in Oct ? Thanks again.


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## LegalMan (Dec 26, 2012)

capetownkelly said:


> Sorry, one more question as well... I know you are supposed to apply 60 days before the expiry of your visa if applying in South Africa, but I cannot find anything that says you can still apply in less than 60 days before the expiration. If I don't have all my docs (US Police Clearance) before Oct and my visa expires end of Oct, can I still apply sometime in Oct ? Thanks again.


Hi capetownkelly, 

You have to submit your application 60days before expiry now. Unfortunately they have become very strict on this rule. You can attempt to apply for what is known as a "letter of good cause" from your regional Home Affairs. This letter "if" issued for you, will allow you to submit your application within the 60days, But this procedure doesn't seem to be working very well, as the processing time for letters of good cause are taking weeks and weeks, so its pointless. 
Is it only your US police clearance certificate that is delaying you? Have you got a copy of your previously submitted US police clearance? Have you lived back in the US for longer than a year, since you submitted that police clearance?


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## capetownkelly (Jul 28, 2011)

Thanks so much LegalMan. Unfortunately I also am waiting on a new SAQA (3 weeks) as I just found out last week the consulate only gave me one page back 2 years ago. I do have a certified copy of it but I thought it best to reapply. I also still need to register with IITPSA professional body which takes 2 weeks. 

I have not been in the US even since the last police clearance was issued. I do have a copy though it is not certified.

I thought we were going to just do a renewal of my General Work permit so I am a bit late getting some of the items required. Because of the new Labour Dept requirement my company thought it would be more complicated than a Critical Skills. They are ready to send me to France or the US if necessary and I think it is probably the best route as my other colleagues are all having problems getting their permits through home affairs here and they have been unable to travel outside of South Africa for months and months. I really don't want to get into that situation.

Thanks for your help!


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## LegalMan (Dec 26, 2012)

Hi capetownkelly, 

I believe your best will certainly be to apply in either France or USA. But you will definitely need your police clearances for all the countries you have lived in over the age of 18 years. 

You should be able to apply for permanent residency when you finally have the critical skills visa.


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## capetownkelly (Jul 28, 2011)

Thanks again LegalMan. Do you know if I can apply with a certified copy of the SAQA or do they need an original ?

I am still trying to get ahold of the consulate and Paris to see if I can apply there and they are still not answering the phone, it is so frustrating. It will be so much easier if I can go there instead of the US.


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