# work permit extension rejected



## walk714 (May 29, 2014)

Dear all

I have just received rejection letter from Home and Affairs for general work visa extension.
Reason : No certificate by Dept of Labour confirming that the applicant issued by Chartered Accountant registered with SAICA or Professional Accountant registered by SAIPA to the effect that the amount invested in the book value of the business is still available.

My occupation is translator not accountant. Agent advises me to do appeal for the rejection as this is totally misunderstanding by H&A.
I desperately need your advice that below reason is acceptable or not.
Reason for appeal the agent wrote :-
"The reason for rejection is applicable to business visa application. The application is for an extension of general work visa and the chartered accountant certificate is not a requirement. Applicant has a waiver for the initial permit and therefore the letter from the Department of labour is not required."

Q1. Would it be applicable to submit the waiver of the initial permit for extension?
Q2. My contract is a fixed term. I believe the previous and current extension also required waiver process. Would it be better to bring the latest waiver? Not the initial one.
Q3. The decision will be made after 14 days my appeal. If this would be failed, my option might be
a) Back to japan to apply General Work Permit, not extension. In this case, can I use the initial waiver, which is approved in 2008?
or 
b) Apply for short term 90 days work visa and meanwhile re-apply for general work visa extension in South Africa, even current visa would be expired.

Waiting for your advice.
walk714


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## LegalMan (Dec 26, 2012)

The "agent" is right to want to appeal, although I would need to see all the documentation before I could advise thoroughly.

Why are you extending a GWP and not going for a Critical Skills Work Visa? I had one of our corporate clients ask me today if I have Japanese-speaking applicants.


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## walk714 (May 29, 2014)

Hi LegalMan

Thank you for your advice I have sent you private message. Would you please check for me?

Regarding to apply critical skills visa, my language, japanese is not on the list. Therefore I am trying to GWP extension....

http://www.dha.gov.za/images/immigration_critical_skills.pdf
Please refer page 20, BPO category might be suitable to me but japanese is not on the list. I have diploma and SAQA certificate as translator but language is not covered on the critical skills list. Would it be possible to apply this critical skills for?

Another slim possibility can be to apply for systems architect or business analyst. In this case, my SAQA is irrelevant. My work experience cover that field however I doubt it would be difficult for authorities to agree.

Any alternative way I could try, please give your advice.
walk714


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## LegalMan (Dec 26, 2012)

Hi Walk714

It is my firm assumption that you do qualify under the BPO (Foreign Languages) section. A full CV would give me a little extra clarity.

Are you looking to be able to move between companies?


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## walk714 (May 29, 2014)

Dear LegalMan and forum members,

Would you please advise me below advice from company HR via the agent would be the best option for my situation?

My visa status :- GWP will be expired 30 Sep 2014. After rejection of GWP extension, submitted appeal documentation 14 August. Still under process.

Advice from the agent my company hired :- As long as keeping receipt from VFS, I will not be 'illegal' or 'undesirable' person, and I can continue to work after current visa expired.
If appeal would be rejected again, there are two options.
Option 1:- Leaving RSA immediately. I will not be able to return here with tourist or any visa at all.
Option 2:- I should submit re-appeal documentation at VFS immediately. 'Immediately' means I received the rejected doc, then I should submit the doc without a day. therefore I have to bring re-appeal doc when collecting the doc.

3 & 4 is from different resources.
Option 3 :- (the other agent) Leaving RSA by visa expired and fly to Dubai. After visa expired, back to RSA with visitors visa. this is against Option 1.

Option 4 :- Overstay Appeals. This is shown in DHA website for "Persons who are declared undesirable persons in terms of Section 30(1)(h) read with 50(1) of the Immigration Act, no 13 of 2002 as amended (no. 13 of 2011) 

Company HR recommend me to follow option 2 but I am not 100% sure for. Where can I find any concrete evidence that option2 would be right? I read through the gazette but nothing mentions about this. 

If anyone faces similar situation, please share your opinion.


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## LegalMan (Dec 26, 2012)

walk714 said:


> Dear LegalMan and forum members,
> 
> Would you please advise me below advice from company HR via the agent would be the best option for my situation?
> 
> ...


A law firm would not tell you to go home and get banned in the process. The best option here probably is Option 2, together with a daily follow up to the right people at Home Affairs.


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## walk714 (May 29, 2014)

Thank you LegalMan about the above your comment.
Everyone would agree that finding the right people at Home & Affairs is the most toughest thing right now....


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