# Applying for Work Permit w/o Police Clearance



## BJ100 (Jun 6, 2011)

Hi All

I'd like to apply for a work permit in SA before the new immigration amendment bill comes into effect. A big sticking point is the Police Clearance report from the US. The American Embassy doesn't issue Police Clearance reports so I have to first get finger prints from the Met here in London (minimum time 1.5 weeks ) and then mail the fingerprints to the FBI in the US (processing time is up to 6 weeks). I don't want to wait almost 2 months to get this one document so if it's at all possible, I'd like to apply for a work permit and hopefully be conditionally granted the work permit with the condition that the Police Clearance report be submitted as soon as I receive it. 

I've heard all sorts of stories about conflicting statements/requirements at the SA Embassy vs. Home Affairs. If I go ahead and try to submit my application without Police Clearance report how can I get confirmation/evidence that someone at SA Home Affairs said I could do this? Can I get a reference number or something that I can include in a cover letter for my visa application to show that they told me they'd accept my application conditionally? I don't want to apply on the assumption that this will be allowed and then have the SA HC in London say otherwise. I've heard all sorts of stories about the SA High Commission in London. 

Any advice/suggestions would be much appreciated. 

Thanks!

BJ


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## travelling-man (Jun 17, 2011)

BJ

Unless there's a new, new amendment bill that I don't know about......The amendment bill was introduced some months ago so you already have to work to that.......and I can tell you now it's a ******* of a thing...... So much so that after running a business here for 30 years and living here for over 10 years, paying taxes, owning our own house here and being responsible for bringing a lot of overseas business into RSA, we're reluctantly having to sell up and go.

I wish you more luck than we had! 

Or are you talking about the one that wants to ban agents and have people return home for changes?........ I thought that one had more or less been given the elbow?

I could be wrong on that though!


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## travelling-man (Jun 17, 2011)

Oh, OK. - I've done some more research and it hasn't been given the elbow..... Sorry about that.

If your HA are anything like mine, they won't accept an incomplete application but I have to also say I can't see the amendment coming in anytime soon or without a lot of changes.

An example of how silly it is can be found in the idea that names/details of all passengers aboard any conveyance must be transmitted to the RSA HA and other dept before that conveyance begins it's journey.

It'd work for a 747 but I can't see it working for a taxi coming from Moz or Bots etc. LOL.


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## BJ100 (Jun 6, 2011)

travelling-man said:


> Oh, OK. - I've done some more research and it hasn't been given the elbow..... Sorry about that.
> 
> If your HA are anything like mine, they won't accept an incomplete application but I have to also say I can't see the amendment coming in anytime soon or without a lot of changes.
> 
> ...


T-M, thanks for the clarification - you had me worried for a second there after I read your first comment....LOL! I'm interested in investments in Africa and South Africa is the HQ of of a lot investment firms so I'm going to take the leap and hope things work out.

You may be right about HA not accepting incomplete applications - a family friend in SA called HA to ask if they'd consider giving a visa conditionally and they said no. Have called the SA High Commission in London several times over the last couple of days and no one answers the phone so I'll keep trying. 

My understanding is that within SA, Police Clearance takes time so work permit applicants in SA are allowed to provide a receipt (pmt for Police Clearance) and affidavit (attesting the Police Clearance has been requested) in lieu of Police Clearance reports. If they do this for applicants within SA, they should do the same for applicants outside SA on a case by case basis. 

I know the amendment bill has a lot of issues but my concern is they'll remove or address the more onerous requirements, finalize the bill and stop issuing Quota/Exceptional Skills work permits before I receive police clearance from the U.S.!


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## travelling-man (Jun 17, 2011)

Good luck to you if you're applying under the Quota/Exceptional Skills work permit scheme..... because from our experience, they're ludicrously strict on it...... esp if the skills etc are life learned rather than wholly academic.

As an example, I have extensive experience in several fields the commercial aviation world and my local airport is desperate to be able to use me. I'm the only person in something like a 200+ mile radius with such skills & experience.

I also have a LOT of experience in another field AND have written a book on that subject that greatly promotes RSA AND (indirectly) causes a high 6 or low 7 figure (USD) to be invested in RSA every year.

My wife has extensive experience of cardio thoracic surgery in London, has several surgical procedures named after her, has specialised in fixing hole in the heart babies AND goes on surgical missions to other parts of Africa as part of a team to do these procedures FOC.

We also own everything we have here, including the house outright and don't owe a cent to anyone in the world.

And despite all that, they won't renew our visas or give us PR because we don't fit into any of their catagories and don't tick the boxes on their forms...... which means that after running a business here for over 30 years and living here for 10, we are having to sell up and move to Europe.

I tell you, I'm spitting feathers about it!


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## Guest (Jun 21, 2011)

Hi all

I see that there are a number of points raised in this thread, and from my experience working for an immigration company, I would like to clarify a few points:

*Police Clearance *

It is correct that for applications within South Africa, one does not need the original police clearnace report as long as one can prove that one has applied for it. If an affidavit or letter of undertaking is submitted, whereby the applicant confirms that the report will be submitted 6 months from time of submitting the application, Home Affairs will process the application.

Some embassies do not accept these undertakings. But one cannot generalise this, as there are still a major number of embassies which accept proof that the police clearnace report has been applied for.

*Changing Permit Types/ Applying for Extensions from within SA*

There is a lot of misinformation floating around at the moment. Many "immigration consultants" are panicing as they do not know what to tell their clients, and some have not even read the proposed Amendements.

To confirm: The New Amendment Act has NOT BEEN made law yet. It passed through Parliament last week, which did not accept it yet. So it will need to be re-tabled at some stage. This will be in the near future we suspect, but even then, here are some important points:

1) If a foreign national has a "proper" permit for South Africa and is living and working here, and they subsequently wish to change to a different permit or they would like to extend the current permit, they DO NOT need to leave the country! They are and will be allowed t submit these applications at Home Affairs in South Africa.

Only foreign nationals who hold Tourist Visas will need to return to their home countries in order to submit their applications at the SA embassies.

*Quota Work Permit/Exceptional Skills Permit*

Once the new Amendment becomes law, these two permits will fall away. They will be replaced by the "Critical Skills Permit". For this, Home Affairs and the DTI will issue a list of inudtsried which they deem as critical, and where foreign nationals can apply for a permit. What this list looks like is not clear yet.

Hope this clarifies things a bit, but feel free to ask if there is anything else.

Kind Regard

Joachim


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## travelling-man (Jun 17, 2011)

Joachim,

Thanks for the info..... Is there anything at all you could tell us about the critical skills list and how it will work?


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## Guest (Jun 21, 2011)

travelling-man said:


> Joachim,
> 
> Thanks for the info..... Is there anything at all you could tell us about the critical skills list and how it will work?


Hi

I personally think it will run along similar lines to the current Quota List. There will be certain industries that the government has identitifed as cirtical for the SA economy.

Each category will allow for a certain number of foreign applicants (but how Home Affairs will monitor this is not known, as there was no system in place to monitor the number of current Quota Work Permits).

In order to qualify, one would need to prove a minimum years of work experience as well as relevnat academic background.

*Please note* that this has not been confirmed, and it may well be that the actual list will look - and operate- totally different from this. This is just my opinion, annd is based on my experience with Home Affairs.


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## travelling-man (Jun 17, 2011)

Looks like we'll still be out of luck as our visas will have expired and we'll have gone by the time the new amendments have been introduced.

Ah well...... $h1t happens.


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## Guest (Jun 22, 2011)

travelling-man said:


> Looks like we'll still be out of luck as our visas will have expired and we'll have gone by the time the new amendments have been introduced.
> 
> Ah well...... $h1t happens.


What kind of permits are you on at the moment? And when do these expire?


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## travelling-man (Jun 17, 2011)

We're here on an own business visa and it expires in late September and we've already had several unsuccessful meetings with HA trying to get an answer about what kind of application would be accepted..... 

If you've got any ideas, my email address is (I'd rather not go into too much detail here)


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## Guest (Jun 22, 2011)

travelling-man said:


> We're here on an own business visa and it expires in late September and we've already had several unsuccessful meetings with HA trying to get an answer about what kind of application would be accepted.....
> 
> If you've got any ideas, my email address is
> (I'd rather not go into too much detail here)


Will send you an email and we can take it from there.


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## travelling-man (Jun 17, 2011)

Thanks buddy.


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## BJ100 (Jun 6, 2011)

Joaschim, 

Thanks for the clarification on where things stand with the New Amendment Act and on embassy handling of Affidavits in lieu of Police Clearance Reports. Once I've compiled all supporting docs excl Police Clearance, I'll try my luck at the SA HC in London. I figure I have nothing to lose if they say no when I ask. 

From your comments, it appears that quite a lot of progress needs to be made before the New Amendment becomes law, so waiting 6-8 weeks for US Police Clearance might not be major cause for concern. Who knows, the FBI might surprise me and complete my criminal background check in less time than expected.


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## BJ100 (Jun 6, 2011)

travelling-man said:


> Good luck to you if you're applying under the Quota/Exceptional Skills work permit scheme..... because from our experience, they're ludicrously strict on it...... esp if the skills etc are life learned rather than wholly academic.
> 
> As an example, I have extensive experience in several fields the commercial aviation world and my local airport is desperate to be able to use me. I'm the only person in something like a 200+ mile radius with such skills & experience.
> 
> ...


T-M, sounds like you're in a tough situation. Good luck with your efforts to extend your visa.


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## dkhaley (Jun 10, 2011)

BJ100 said:


> A big sticking point is the Police Clearance report from the US. The American Embassy doesn't issue Police Clearance reports so I have to first get finger prints from the Met here in London (minimum time 1.5 weeks ) and then mail the fingerprints to the FBI in the US (processing time is up to 6 weeks).


Have you considered getting the police clearances through the State Police departments from where you lived in the U.S. I know some States will allow you to do a criminal record search (on yourself) online. For an extra fee, they will provide you with a paper copy that has been attested by the state's notary public. Not all states do it, but some do.


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## bokbabe (Nov 28, 2010)

BJ100 said:


> Joaschim,
> 
> Thanks for the clarification on where things stand with the New Amendment Act and on embassy handling of Affidavits in lieu of Police Clearance Reports. Once I've compiled all supporting docs excl Police Clearance, I'll try my luck at the SA HC in London. I figure I have nothing to lose if they say no when I ask.
> 
> From your comments, it appears that quite a lot of progress needs to be made before the New Amendment becomes law, so waiting 6-8 weeks for US Police Clearance might not be major cause for concern. Who knows, the FBI might surprise me and complete my criminal background check in less time than expected.


Can't you get a police clearance from the UK, if that is where you are currently living? We did that and it took 2 weeks and cost 10 pounds!

Good luck!

T-M: wow, how awful... hope you get it all sorted!


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## BJ100 (Jun 6, 2011)

dkhaley said:


> Have you considered getting the police clearances through the State Police departments from where you lived in the U.S. I know some States will allow you to do a criminal record search (on yourself) online. For an extra fee, they will provide you with a paper copy that has been attested by the state's notary public. Not all states do it, but some do.


Thanks for the suggestion! I'd recommend the state option for anyone needing a criminal background check for the US, even for people who lived in multiple states, as the FBI is now taking two months to process these (previously, the FBI had indicated a 6 week processing time). 

I initially considered the state option and decided to get the background check from the FBI because the state background check would have been a logistical challenge (my state's background check request forms are only available via US ordinary mail for delivery to U.S. domestic addresses, ditto for the report which is only mailed to domestic address and again via US ordinary mail). I'd figured doing the state police round trip would be equivalent to using Fedex with FBI and sent my forms 1.5 weeks ago. However, at the beginning of July the FBI changed its process and extended processing time by 2 weeks - so who knows when the FBI will get back to me. I'm getting a non-fingerprint state background check done and will arrange for someone in the US to submit the request and overnight the results to me.


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## BJ100 (Jun 6, 2011)

bokbabe said:


> Can't you get a police clearance from the UK, if that is where you are currently living? We did that and it took 2 weeks and cost 10 pounds!
> 
> Good luck!
> 
> T-M: wow, how awful... hope you get it all sorted!


Thanks Bokbabe - would that it were that simple! I'm only temporarily in the UK and because I'm a US resident I still need to get US clearance.


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## ellenana007 (Jul 14, 2011)

I am in the same predicament BJ! I submitted the FBI criminal record check in early June and they changed from 6weeks to 8weeks. Have you got any updates on whether its possible to submit without the FBI record?
Thanks!


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## ATLres (May 15, 2011)

Hi Everyone, 

About to apply for my husband and daughter's relative visas - question about the police clearance.
Someone mentioned state police clearance- will this be accepted by the SA Embassy in place of the FBI clearance that now takes two months?

Would really appreciate some feedback.


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## ATLres (May 15, 2011)

Just wanted to let other people in the same situation know that I spoke to the embassy in DC and they informed me that you can apply with your local clearance, but they will issue the visa on condition that the FBI clearance comes back clean. This definitely helps with the timing. Also, you don't need to book your flights until you have your visa, but they want you to provide them with your intended itinerary. I guess to know when you need the visa.


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## BJ100 (Jun 6, 2011)

ellenana007 said:


> I am in the same predicament BJ! I submitted the FBI criminal record check in early June and they changed from 6weeks to 8weeks. Have you got any updates on whether its possible to submit without the FBI record?
> Thanks!


The SA consulate in London accepted proof of a request for a criminal background check with my application after I explained that it would take an additional 4-6 weeks to receive it. If the FBI/state police has scanned your request but hasn't yet run a background check, you can ask them to send you an e-mail noting that and use the e-mail as proof of request.

Because neither the FBI nor my state had scanned my request on to their systems, I couldn't ask either agency to send an e-mail confirming that my request was in progress. Instead, my proof of police clearance request was a copy of the request I submitted along with the shipping/delivery tracking history from the courier I used (Fedex/USPS/UPS etc) which confirmed that the request was delivered. 

My understanding is that each embassy has its own procedure - just go to the embassy in person and ask if they'll accept proof of police clearance request and what forms of proof they are willing to accept. 

Good luck!


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## ellenana007 (Jul 14, 2011)

Thanks BJ! I actually wound up getting the FBI Clearance early this week; I postponed my travel plans. It took EXACTLY 8 weeks, from the date they received my application. 9 weeks from the date I sent the application. Now just hoping the work permit doesn't take FOREVER to process.


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## BJ100 (Jun 6, 2011)

ellenana007 said:


> Thanks BJ! I actually wound up getting the FBI Clearance early this week; I postponed my travel plans. It took EXACTLY 8 weeks, from the date they received my application. 9 weeks from the date I sent the application. Now just hoping the work permit doesn't take FOREVER to process.


Glad it worked out for you. I've just received confirmation that my state criminal background check is done so I'm looking forward to wrapping this up next week.


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