# Critical Skills out in three weeks



## RubyRuby (Jun 28, 2015)

Morning All,

Quick one-my husband applied for his permit on the 4th of March. 

He applied for a critical skills visa. His outcome came yesterday, positive but they gave him only one year even if he attached the work contract. But in all fairness, the contract itself was for one year only.

Took only 15 working days to get the permit.


----------



## IamT (Aug 4, 2014)

Congrats

Seems anything to do with Critical Skills is a priority these days...not fair to other categories, e.g, if one gets a Critical Skills visa in 3 weeks then wants to have his\her family's relatives visas processed, that takes as much as 2 years!

If they want the skills, then they must be prepared to accept the skills families too and not cherry pick what they want.


----------



## Kickagainstxenophobia (Feb 9, 2016)

IamT said:


> Congrats
> 
> Seems anything to do with Critical Skills is a priority these days...not fair to other categories, e.g, if one gets a Critical Skills visa in 3 weeks then wants to have his\her family's relatives visas processed, that takes as much as 2 years!
> 
> If they want the skills, then they must be prepared to accept the skills families too and not cherry pick what they want.


What do you mean by skills families?

Anyone whose qualifications falls under critical skills should apply for it. You get wht u apply for. That's how it works.


----------



## Klipspringer (Feb 21, 2015)

RubyRuby said:


> His outcome came yesterday, positive but they gave him only one year even if he attached the work contract. But in all fairness, the contract itself was for one year only.


Yes, it is because of the length of the contract. If he was offered a permanent position his visa would have been granted for up to 5 years.


----------



## Kickagainstxenophobia (Feb 9, 2016)

Klipspringer said:


> Yes, it is because of the length of the contract. If he was offered a permanent position his visa would have been granted for up to 5 years.


That's not true. I did not have any contract of employment nor did I submit anything to show that I am employed. I got the visa for 5 years irrespective of whether I have contract of employment or not. 
What section 10 of Act 13 of 2002 regulation 9 under section 27(b) states is that, any applicant for a critical skills work permit do not need to submit or show any proof of employment prior to applying for that category of visa. The applicant does however need to proof that their skills and experience is critical and under the current government gazette which was released in 2014.


----------



## Klipspringer (Feb 21, 2015)

You were just lucky. These days they are giving only 1 year contracts to applicants without employment contracts, and furthermore consider the length of the offer when deciding on the duration of the visa.


----------



## Kickagainstxenophobia (Feb 9, 2016)

Klipspringer said:


> You were just lucky. These days they are giving only 1 year contracts to applicants without employment contracts, and furthermore consider the length of the offer when deciding on the duration of the visa.


Well, I guess it also based on how long you have been graduated out of school. In my case, I have been out of university for more than 7 years.


----------



## Klipspringer (Feb 21, 2015)

That only counts if you want to apply for PR (for PR you need minimum 5 years related work experience). You can check on the VFS website under Critical Skills requirements. They have added a heading called something like Renewal of Critical Skills Visa Initially Granted for 12 months to find employment. My partner has more than 10 years related work experience and only got a 1 year visa as he didn't submit an employment contract. That is the norm now. You were lucky!


----------



## Kickagainstxenophobia (Feb 9, 2016)

Klipspringer said:


> That only counts if you want to apply for PR (for PR you need minimum 5 years related work experience). You can check on the VFS website under Critical Skills requirements. They have added a heading called something like Renewal of Critical Skills Visa Initially Granted for 12 months to find employment. My partner has more than 10 years related work experience and only got a 1 year visa as he didn't submit an employment contract. That is the norm now. You were lucky!


Nope! That's not norm!
People got 12 months permit before I got my permit. After I got my permit, some got 5 yrs and some still got 12 months. Well, I won't argue about it cos it all depends on how DHA justify it.


----------



## RubyRuby (Jun 28, 2015)

Kickagainstxenophobia said:


> Nope! That's not norm!
> People got 12 months permit before I got my permit. After I got my permit, some got 5 yrs and some still got 12 months. Well, I won't argue about it cos it all depends on how DHA justify it.


You were lucky. My husband is a doctor, studied in SA, did his internship here, registered doctor in SA, but foreign workforce management specified in his letter of recommendation that his visa should be for the duration of his contract. And his contract unfortunately is for only year, he's doing his community service now.

DHA is giving only one year if you do not have a contract. I submitted with a contract and had a permanent job offer, I got for 5 years. 

Other doctor friends who submitted with 2 years contract, were given critical skills for 2 years only. So yeah, you were lucky my friend.


----------



## Kickagainstxenophobia (Feb 9, 2016)

RubyRuby said:


> You were lucky. My husband is a doctor, studied in SA, did his internship here, registered doctor in SA, but foreign workforce management specified in his letter of recommendation that his visa should be for the duration of his contract. And his contract unfortunately is for only year, he's doing his community service now.
> 
> DHA is giving only one year if you do not have a contract. I submitted with a contract and had a permanent job offer, I got for 5 years.
> 
> Other doctor friends who submitted with 2 years contract, were given critical skills for 2 years only. So yeah, you were lucky my friend.


The annotated message in your response says it all. Foreign workforce says his contract of employment is 1 yr. that's how DHA justified their decision. In my opinion though.


----------



## Klipspringer (Feb 21, 2015)

Oh for crying in a bucket, you cannot accept when you are wrong, can you? 

" However without an employer the applicant is only entitled to a 1 year visa with a condition that he or she secures employment within that year." 

http://www.immigrationspecialists.co.za/how-to-apply-for-a-south-african-critical-skills-work-visa/

" Those applications with an offer of employment are likely to be issued with the full 5 year Critical Skill Work Visa whereas those without one are getting a one year*Critical Skills Work Visa. Reason being the Department of Home Affairs requires the applicant to submit again accordingly, to ensure confirmation of employment."

http://www.intergate-immigration.com/blog/critical-skills-work-visa/

Do you need more sources? You can actually read this same information repeated many times over in this forum. I thought it is common knowledge by now but apparently not.


----------



## Kickagainstxenophobia (Feb 9, 2016)

Klipspringer said:


> Oh for crying in a bucket, you cannot accept when you are wrong, can you?
> 
> " However without an employer the applicant is only entitled to a 1 year visa with a condition that he or she secures employment within that year."
> 
> ...


For crying out loud too, I did not have any offer of employment or promise prior to applying for a critical skill. You are missing out the whole critical skills criteria. One of the criteria says applicants do not need to be employed before applying for this visa/permit. Quote me wrong on this , then I will say you do not understand a simple immigration law.


----------



## joe117 (Sep 10, 2012)

Under the new visa laws (from when VFS took over) the procedure is as folowd....Without a work contract..they will issue a 12 month critical skills visa..ONLY when you submit a work contract will you get an extension/renewal to the ctitical skills visa of up to 5years..You will not get an extension without a work contract


----------



## LegalMan (Dec 26, 2012)

The Immigration Act is clear.

You can receive a Critical Skills Work Visa without a contract of employment, but then you only have 12 months to find work.

If you do have work, you reapply. If your contract is permanent, you can get up to 5 years. If it is temporary, you only get a CSWV for the time the contract is valid (this is very logical).

You also can't start working somewhere and not reapply/report it.

https://www.immigrationsouthafrica.org/critical-skills-work-visa/


----------

