# Appeals Backlog



## Risamim (Jan 18, 2016)

I know this topic comes up often. I submitted my application for a life partners visa in febuary 2015 and it was rejected on the basis of my failure to show shared financial responsibilities irrespective of the fact that both myself and my girlfriend submitted 2 years of stamped absa statements showing this. I submitted my appeal in late April. I still haven't heard anything. Any news on the status of the backlog? We are working on month 9 now


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## ernal (Jul 16, 2014)

can't u just submit a fresh application instead of waiting on the appeal


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## Risamim (Jan 18, 2016)

No I submitted 9 months ago. My visa is long expired.


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## 2fargone (Jun 14, 2011)

Have you tried to track it online what does that status say?


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## Risamim (Jan 18, 2016)

The status just says it's been forwarded to home affairs for adjudication


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## 2fargone (Jun 14, 2011)

I remember reading that appeals take longer then 'normal' applications. I think they take a backseat for whatever reason. I know it's very annoying.


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## Risamim (Jan 18, 2016)

I know. I've been waiting 9 months now. I'm ring to figure out where DHA is in terms of their backlog


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## DumisaniBYO (Sep 12, 2014)

Risamim , i think your best option to get an outcome quicker is to get your lawyer to assist with a letter of demand or a high court letter. Legal man has mentioned this before in this forum.


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## Risamim (Jan 18, 2016)

My lawyers have advised me that sending a letter of demand might cause me to receive a negative outcome as home affairs takes legal demands personal and often rejects out of spite. This is my worry.


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## Wankil (Aug 19, 2015)

Hello guyz,
Is the backlog due to the fact that even consulate and embassies appeal are all treated in SA by DHA?


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## DumisaniBYO (Sep 12, 2014)

@Risamim i suppose its tricky but on the other hand you can wait for a long time for an outcome. ( like a lottery )


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## RubyRuby (Jun 28, 2015)

Risamim said:


> I know this topic comes up often. I submitted my application for a life partners visa in febuary 2015 and it was rejected on the basis of my failure to show shared financial responsibilities irrespective of the fact that both myself and my girlfriend submitted 2 years of stamped absa statements showing this. I submitted my appeal in late April. I still haven't heard anything. Any news on the status of the backlog? We are working on month 9 now


Not sure if that help, but I read on another post that the more noise you make the better. Some people who were in the same situation as you even shared contact details of people they contacted at DHA. May be you might want to check and harass them with your case?

I had a friend who had her critical skills rejected and she appealed, got a response in like 10months. Another friend, who appealed around the same time is still waiting, been nearly a year now. So it's all case by case I suppose. Good luck!


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## TinaK (Feb 1, 2016)

I'm in the same boat. I'm married to a South African and had no problems getting spousal visas for 5 years. Since VFS, we applied for a renewal in October 2014 but got rejected due to not including bank statements, we appealed with the bank statements within 10 days on January 23rd 2015. Still waiting for any response or outcome nothing yet. Has anyone else had a positive outcome on appeals yet and how long did it take you?


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## ernal (Jul 16, 2014)

But why do they need bank statement if u married? I don't under the different rules used to grant these visas, i got rejected cos the officer thot we were in a permanent relationship hence asking for share financial responsibility for 2years, i am planning to resubmit and include the unabridged marriage certificate i just got as i had only included the one we got on marriage day. I have being reading the new ACT every night.


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## TinaK (Feb 1, 2016)

That's the thing, it wasn't required before so it was a surprise to us when it was rejected. VFS gets a double fee for every appeal or new submission so it seems very suspect to me that there was a huge wave of denials right after VFS was put in place.


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## Risamim (Jan 18, 2016)

Funny thing is we did include 2 years of certified stamped bank statements. It felt very much like they had not actually looked at my application and just rubber stamped the rejection.


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## ernal (Jul 16, 2014)

bank statement is not enough, include a lease agreement, electricity and any other joint thing with you name and show date as far back as you got together, my understanding is this not required for married couples but i got rejected based on same reason as yours, i have submitted a new application as i know the appeal was just a long wait. I think also with the new case won recently posted by Tony i think maybe thing will change we can only hope for the best.


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## Kickagainstxenophobia (Feb 9, 2016)

I originally applied for my critical skills work permit in August 2014 and got rejected cos DHA said I did not attached a letter from my professional body which is ECSA. But I do attached evidence of registration. However , I was denied based on that letter. I went to ECSA in Bruma to tell them that I got denied and they issued me with the letter that DHA wanted. I appealed the decision on Jan 5th, 2015 and up till last week, I did not receive any update from VFS throughout last year. After reading on here, I found useful email address of the acting chief of staff of DHA and wrote her directly last week. She then forwarded my query to some 2 other officials who worked and open my file. This week, suddenly my status changed from VFS online tracking and says it has been forwarded again to DHA. I was surprised thinking maybe VFS never forwarded it initially but I guess that's how the system works. I got another update on Tuesday 9th of Feb 2016 that my application for ************* has been received at the VFS operations Hub on 11-Feb-2016 kindly note that adjudicated outcome would be fianlized in 1 working day bla bla bla. I then again got another update that adjudicated application for *************has been dispatched from VFS operations Hub to the visa facilitation centre on 11-Feb-2016 and would be ready for collection in 1 working day, please wait for the next update to confirm when it is ready for collection. 
After waiting for 1 yr 6months, my critical skills appeal permit is finally being processed. Am very positive it was the email I sent to the minister of home affairs that helped resolved my situation. I want to belief it's a positive outcome and I will come here to tell u guys the outcome of the appeal. 
I have lost so many jobs within those period and I hope that I will be able to secure job with either government or private sector when I receive my permit. It's being a long journey but I never gave up. 
Funny enough, am married legally to a South African woman and we have a child together. I choose not to do the spousal thing cos I don't wanna take advantage of the system. 
Thank you all and God bless.


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## Kickagainstxenophobia (Feb 9, 2016)

TinaK said:


> I'm in the same boat. I'm married to a South African and had no problems getting spousal visas for 5 years. Since VFS, we applied for a renewal in October 2014 but got rejected due to not including bank statements, we appealed with the bank statements within 10 days on January 23rd 2015. Still waiting for any response or outcome nothing yet. Has anyone else had a positive outcome on appeals yet and how long did it take you?


The appeal system is a problem. I was told from a very reliable source that DHA lacks staffs in the appeal section. 
I don't knw why they can't outsource this to a third party company. 
My suggestion though. Keep your fingers crossed and u may want to take the route that I took. Just read my previous message up there.


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## Kickagainstxenophobia (Feb 9, 2016)

Ok just a quick one, I tracked the application and the status changed to Adjudicated Application for *************has been received at Visa Facilitation Centre on 12-Feb-2016.and is ready for collection.

I truly thank God.


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## ernal (Jul 16, 2014)

Appeals are long and i believe a new application is always best and cover your end after knowing what the rejection was, i think the spousal system is not an abuse of the system everywhere in the world every country make provision to foreign national married to citizen of such country. Hope everything went well. Keep us posted


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## Kickagainstxenophobia (Feb 9, 2016)

ernal said:


> Appeals are long and i believe a new application is always best and cover your end after knowing what the rejection was, i think the spousal system is not an abuse of the system everywhere in the world every country make provision to foreign national married to citizen of such country. Hope everything went well. Keep us posted


Good point !!


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## inka0582 (Mar 19, 2014)

I finally yesterday get positive outcome on my appeal. I was waiting almost year for that!!


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## Kickagainstxenophobia (Feb 9, 2016)

inka0582 said:


> I finally yesterday get positive outcome on my appeal. I was waiting almost year for that!!


What's the outcome?


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## inka0582 (Mar 19, 2014)

I get my relatives permit for next 2 years again.


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## Kickagainstxenophobia (Feb 9, 2016)

inka0582 said:


> I get my relatives permit for next 2 years again.


Your permit category is different. Mine is critical skills.


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## Kickagainstxenophobia (Feb 9, 2016)

Why was ur relative permit rejected/denied??


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## inka0582 (Mar 19, 2014)

It was rejected because I didn't have with me south African police clearance


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## Kickagainstxenophobia (Feb 9, 2016)

Wow!! You shd have known nothing can be done without police clearance.


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## inka0582 (Mar 19, 2014)

I did know that. I apply for that in time and it was ready in time but get lost in post.I try to get in contact with them to get a copy of police clearance but it was quite unsuccessful. So I end up applying for renewal of my permit 60 days prior my old permit expired without south African police clearance even I know they will reject me. And I was right. After one month I get rejection letter. Luckily by that time after couple month struggling I get copy of my south African police clearance and done appeal in 10 days. And started long waiting period until I get finally my renewed permit.


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## Kickagainstxenophobia (Feb 9, 2016)

Alright.


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## bholaliki (Apr 14, 2014)

Thank you for the advise. Which email adress did you use am still awaiting my decision


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## Kickagainstxenophobia (Feb 9, 2016)

Ok guys. Goodnews!!

I got my appeal decision today from VFS and I was given 5 years permit. There are no conditions attached to it that I have to work for a particular company. So I can work for any computer any I choose to. 
Am so very happy guys. 
God help us all!!! And for those that are still waiting for appeal outcome, hang in there. The Lord is ur strength and trust in HIM.


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## Kickagainstxenophobia (Feb 9, 2016)

bholaliki said:


> Thank you for the advise. Which email adress did you use am still awaiting my decision


I contacted her on Nobuhle.M[email protected]

Wish you the best of luck and God's favor which is the ultimate.


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## bholaliki (Apr 14, 2014)

Kickagainstxenophobia said:


> I contacted her on [email protected]
> 
> Wish you the best of luck and God's favor which is the ultimate.


Hi Kickagainstxenophobia.
Thank you I emailed Ms Mazibuko and in a week i got my permit. 3 years on spousal work endorsement

Very happy and thankful to God!


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## Kickagainstxenophobia (Feb 9, 2016)

bholaliki said:


> Hi Kickagainstxenophobia.
> Thank you I emailed Ms Mazibuko and in a week i got my permit. 3 years on spousal work endorsement
> 
> Very happy and thankful to God!


Wow. That's indeed amazing!!

Thank God for you too.


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## ernal (Jul 16, 2014)

Congrats,do they now issue 3 yrs spousal permit and also what did u submit in evidence for financially obligation.


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## inspire77 (Jun 24, 2015)

Hi Everyone.

I also had a pending appeal application submitted via VFS on 5th December 2015.

After reading last week about Kickxenophia's update and contacting Dha staff, i was encouraged.

I also did same and emailed NM on the 12th Fed 2016, and this was around 18h00, to my surprise, she responded within minutes asking me to send all documents i submitted, i did this next day (13th Feb) and voila, on the 17th Feb my Life Partner Permit was renewed,ready and sent back to VFS.

I only picked up my permit yesterday 25th Feb.

So my advise is to contact DHA staff.. 

All the best to everyone with their appeals


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## Kickagainstxenophobia (Feb 9, 2016)

inspire77 said:


> Hi Everyone.
> 
> P had a pending appeal application submitted via VFS on 5th December 2015.
> 
> ...


Congrat bro.


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## Icon (Jul 7, 2015)

*Letter of demand*



Risamim said:


> My lawyers have advised me that sending a letter of demand might cause me to receive a negative outcome as home affairs takes legal demands personal and often rejects out of spite. This is my worry.


This is not true. Using a lawyer to issue a letter of demand and consequent legal action is done on the basis of a administrative breach by the department of home affairs. You are within your constitutional rights (even though you are not a citizen) to do that. A rejection comes with a reason therefore if you are to receive a rejection it has to be within legal confines plus you can appeal it. I work with an array of lawyers and immigration people and beyond letters of demands they take it to the high court even and have been successful on all occassions.So dont worry. Get the letter issued. Unless your laywer is not a specialist in immigration law then he probably doesnt know how to handle further steps after the letter coz DHA also does ignore those letters A LOT as well! inbox me if you need further assistance.


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## LegalMan (Dec 26, 2012)

Kickagainstxenophobia said:


> Ok guys. Goodnews!!
> 
> I got my appeal decision today from VFS and I was given 5 years permit. There are no conditions attached to it that I have to work for a particular company. So I can work for any computer any I choose to.
> Am so very happy guys.
> God help us all!!! And for those that are still waiting for appeal outcome, hang in there. The Lord is ur strength and trust in HIM.


Please note that just because there are no conditions, does not always mean that you can simply work wherever you wish.


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## Icon (Jul 7, 2015)

True! The condition may be confined to working in the field of expertise on the visa!


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