# every step of the process!!



## TomKelly (Feb 5, 2014)

hi all,
i want to introduce myself as someone who is nearing the end of my 4 year ordeal with dha & vfs.
a bit of my background first.
i have lived in cape town 12 years and have a rsa fiance and two little girls, eldest born in london and youngest born here. eldest is naturalised with rsa id and passport.
i overstayed my visa which expired in feb 2013, and have been battling with dha , immigration and vfs since then.
to add to my woes my passport was lost in 2015 which also meant the whole story restarted.
my good cause was rejected by province but on appeal to dg, i was given my form 20.
my good cause to dg stated that i am constitutionally qualified for a visa, by virtue of my rsa citizens daughters, with their constitutionally protected right to dignity, the fact i have commited no crime in the republic, and that i had been pro active in coming to the immigration to deal with my overstay instead of hiding away. so after much wrangling and having massive issues with vfs booking page and generally getting sweet fa advice from vfs or dha, i managed on my second attempt, to submit my application for 11(6), right to co habit with spouse and work.
today i received my latest rejection letter for my collection, which states that i have been here illegally since 2009???
and further that my form 20 is therefore not applicable????
i have submitted copies of my expired 2013 visa already.
my form 20 was based entirely on my expired 2013 visa.
now i have to appeal again.
8(4) or 8(6) appeal?????
so no info on dha or vfs page with this regard.
i find a numbe rof attorneys have written reports on the difference of the appeals.
fyi, 8(4) is an appeal to the dg
8(6) is an appeal to the minister.
as far as i can gather anyhow.
so now another 1370 to vfs for appeal.
great.
i just want to know what the success rate of appeals was and what anyone thought of my situation??!!
if my appeal is to the minister, do i really need to go through the vfs, seeing that the minister is a public person and do i realy need to pay another r1370???
i am accompanying my appeal with further letters of support and motivation the the dha. my prospective employer is just about to end my job before i even start due to massive time constraints that were not a concern a year ago, however on wonders wether there will be a climax this year.
if my appeal is rejected i can seek solace in the courts and i am sure of justice there as i could almost represent myself with the constitutional cases and the barrage of lost cases that the dha constantly seeks to undertake.
and they lose with costs every time, meaning that taxpayers are not only missing out on income from tax from the prosepctive work i can do and would create, but also losing tens or hundreds of millions per year through outrageous litigation.
i am blessed to be able to survive due to my clever fiances business and stay here, however i know of many people that have not been so lucky.
one point of this post is also to send love and strength to all those out there also caught in the dha maelstrom.
big respect.
i have been offered on many occasions the quick way, and will not be a part of it due to my seething hatred for what corruption has already done to rsa, but can see why many would.

and if you have anything to add to my post or thread , would be great to hear from you all!!

peace


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## terryZW (Jun 26, 2017)

Appealing the rejection of your visa application isn't a good idea - you might get stuck in the appeal loop a lot of people on this forum know too well. Your best bet is a new application but sort out the situation with the overstay, get written confirmation if you can and then attach that to your application. 

If you just appeal you' might wait another 12-24 months from what I've read on this forum. I personally know a guy who had an overstay, appealed and only got feedback after 3 years and only because he found a contact in Home Affairs and wouldn't stop nagging them.


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## TomKelly (Feb 5, 2014)

I have no choice but to appeal as i cannot get another form 20 once my submission had been made!
I am all in at the moment!!
am visiting a lawyer in the morning for some clarity as it is now farcical.
was hoping not to need one as never cheap, but need to make a good appeal!!


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