# Spouse visa refusal



## prashantjoseph (Dec 6, 2018)

I would like to enquire about Visitors Visa under Sec 11(6), my husband applied recently for the visa but was rejected even though he has spousal visa. Which is valid until 7 May 2019. Would he be able to apply for both at the same time ( his renewal of spousal visa and re-submit for the Visitors Visa under Sec 11(6))? 

Please could you assist the only reason his application was rejected was for the following reason:

(1) Comments: you were unable to satisfy the department by failing to comply with the requirements prescribed in terms of regulation 3(2)(a)(i) of the immigration regulations such as documentation to prove the financial support to each other and the extent to which the related responsibilities are shared by both parties for at least the past two(2) years. 

Please advise accordingly, and has anyone gone through such a problem


----------



## Providence (Sep 27, 2018)

Do you both have shared financial responsobilities between each other? Who pays for what bill?

If you have bank statements or even proof of cash deposit dating as far back as 2 years, then you are good to go.

The new law which was enacted on 1st December states both parties must show proof that they have known each other for at least two years before application.

In addition, you should submit an affidavit stating both of you enjoy mutual financial, emotional well-being.

This time around, try to submit at least 3 months before the May2019 expiration date


----------



## prashantjoseph (Dec 6, 2018)

i have submitted a appeal with vfs two days back 

currently i take care of my husbands finanacial support as he doesnt have work endorsement visa to open a bank account here in south africa . i submitted my three months(pay slip + bank statement )in support of my husband i have submitted letter of support prepared by my lawyer and my dad affidavit stating that we have lived together for the last two years 

we have submitted marriage certificate from india and also church marriage to prove our relationship for the past 2 years. along with medical bills from hospitals for the past two years and with my name and address on it proving our relationship. also my medical aid tax certificate from insurance company stating my our relationship status


----------



## terryZW (Jun 26, 2017)

prashantjoseph said:


> i have submitted a appeal with vfs two days back
> 
> currently i take care of my husbands finanacial support as he doesnt have work endorsement visa to open a bank account here in south africa . i submitted my three months(pay slip + bank statement )in support of my husband i have submitted letter of support prepared by my lawyer and my dad affidavit stating that we have lived together for the last two years
> 
> we have submitted marriage certificate from india and also church marriage to prove our relationship for the past 2 years. along with medical bills from hospitals for the past two years and with my name and address on it proving our relationship. also my medical aid tax certificate from insurance company stating my our relationship status


You might be rejected again as you are not addressing the issue they raised with the first application i.e _documentation to prove the financial support to EACH OTHER and the extent to which the related responsibilities are shared by BOTH PARTIES for at least the past two(2) years
_

The marriage certificate proves the authenticity of your marriage, the bank statements prove _the financial assurance contemplated in section 18(1) of the Act shall be an amount, per person per month, as determined from time to time by the Minister by notice in the Gazette, to be proven by means of a current salary advice or a certified bank statement not older than three months at the time of application.
_ the medical aid certificate further proves that you live together with the fact that you support him financially but remember the exact requirement you failed to satisfy them was the SHARED RESPONSIBILITY part. You need to further prove that the support is mutual and the relationship's responsibilities are shared by both of you as they would be in a real relationship. They do this to catch out fake marriages which e.g citizens who marry foreigners to exploit them through providing for them financially. 

It would help you to include a cover letter explaining that you support him entirely as he is not currently working then add that the visa application would in itself help him be able to work and share the responsibility as expected. I have learned to always include a cover letter with visa applications - it helps a lot.


----------



## terryZW (Jun 26, 2017)

Also FYI it's incorrect that your husband cannot open a bank account because he is not working. The requirement for opening a bank account in SA is to have a valid visa (any visa) except a tourist visa - employment is not a requirement at all. Retirement visas, student visas, relatives, etc all allow you to open an account.


----------



## prashantjoseph (Dec 6, 2018)

we have added a support letter from lawyer stating my husband is not working and all his financial responsibilty will be taken care by me 

how much does time it takes appeal to come thru .is there any way to fast track the appeal ???


----------



## Rudo (Aug 30, 2018)

prashantjoseph said:


> we have added a support letter from lawyer stating my husband is not working and all his financial responsibilty will be taken care by me
> 
> how much does time it takes appeal to come thru .is there any way to fast track the appeal ???


Hi prashantjoseph

From my understanding, there isn't a way to fast track an appeal. the only fast track a response to launch a new application. the Backlog on the Appeals is too big hence it will take you forever to get a response.


----------



## terryZW (Jun 26, 2017)

prashantjoseph said:


> we have added a support letter from lawyer stating my husband is not working and all his financial responsibilty will be taken care by me
> 
> how much does time it takes appeal to come thru .is there any way to fast track the appeal ???


If the letter (or its contents) was not part of the initial application that was rejected then your appeal might not be granted a positive outcome. A successful appeal is one that proves that your application should have been granted based on the information initially supplied. More information/documentation = New application.


----------



## prashantjoseph (Dec 6, 2018)

thru court if we go for any chances like my lawyer advised me ????.


----------



## terryZW (Jun 26, 2017)

prashantjoseph said:


> thru court if we go for any chances like my lawyer advised me ????.


There's always a chance you'l win in court although from what you said the DHA was actually correct for rejecting your application since you didn't include that letter the first time. But that will cost you a lot more money (and time) than the R1350 and 4 weeks it would have taken to send a new application with the right supporting documents/letters. Lawyers will always prefer appeals because they have more billable hours ($$) for them than you just complying with DHA's request and sending a new application with proof of shared responsibility.


----------



## Rudo (Aug 30, 2018)

prashantjoseph said:


> thru court if we go for any chances like my lawyer advised me ????.


And if chances are you don't win in court, you will be liable for both your and the DHA's Legal fees. 

i would suggested re-launching your application with the correct supporting documentation even if it means going for an extra mile with the documentation too. do so.


----------



## prashantjoseph (Dec 6, 2018)

its not that we didnt attach support letter but we submitted another support prepared by the lawyer with more contents


----------



## terryZW (Jun 26, 2017)

prashantjoseph said:


> its not that we didnt attach support letter but we submitted another support prepared by the lawyer with more contents


It's the same thing. Your appeal will only be assessed in determining whether or not the actual application with the FIRST letter you sent i.e the one that led to the rejection was worthy or not. Whatever additional stuff you added in the second letter does not matter because that letter was not part of the application they rejected. The purpose of the appeal letter is to let them know what THEY missed from the application, not what you didn't add or make clear enough for them to understand.


----------



## terryZW (Jun 26, 2017)

You can only appeal a decision that is biased, arbitrary, and capricious in nature. In your case I don't think either of those apply since they actually quoted the specific legal requirement you failed to satisfy and you also kind of acknowledged they were right by providing ADDITIONAL information in your appeal that would have been material to the application. This means they were right to reject you because they did not have that information when you first applied.

Have a read here: 

https://www.immigrationspecialists....o-do-when-your-application-has-been-rejected/


----------

