# Police Clearance less than 12 months in RSA



## CaseGuy (Feb 10, 2015)

Hi,

I've received conflicting advise about this.

My wife originally came to South Africa early last year on a Relative's Visa. We applied for an 11(6) visa a few months later (less than 12 months) without a SA Police Clearance - we had actually applied for a SA Police Clearance but the strike meant it didn't arrive for a very, very long time...Got rejected based on not including a SA Police Clearance. Appealed that rejection as there are passages in the Act clearly stipulating Police Clearances are needed from countries where you have resided 12 months or longer only.

What are our chances, or rights, of success on this appeal? As a side note, we included the SA Police Clearance on appeal which had arrived just before we lodged it.


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## CaseGuy (Feb 10, 2015)

Does anybody have any input on this query - there has to be others out there in a similar position?




CaseGuy said:


> Hi,
> 
> I've received conflicting advise about this.
> 
> ...


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## LegalMan (Dec 26, 2012)

CaseGuy said:


> Does anybody have any input on this query - there has to be others out there in a similar position?


Hi CaseGuy, 

Could you please provide me with exact dates of your wife's arrival in SA and the date that you submitted the Section 11(6) visa application in SA? 

You are 100% correct in saying that if she had not been in SA for longer than 12 months,
she certainly would not have to submit a police clearance. The appeal would have to be a success. 
The fact that you added a police clearance in anyway in the appeal should just cover all angles and a positive outcome should be near. How long has your appeal application been pending?


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## CaseGuy (Feb 10, 2015)

Hi LegalMan,

Excellent - I appreciate your reply and that is certainly the response I was hoping for. With all the changes at DHA of late I have been doing an exorbitant amount of research and cannot see how they could reject it on the basis they did.

Wife's original spousal permit was issued abroad in February of last year, followed by our arrival in May and the original 11(6) application launched late November. Rejection followed in December followed by our reconsideration appeal early January this year.

I am starting to think it may have been wiser to launch a fresh application altogether as the appeal is really dragging. May I ask whether you have any information with respect to timelines for appeals launched in January with respect to your own firm's clients? Have the DHA started adjudicating them yet?

Many thanks.





LegalMan said:


> Hi CaseGuy,
> 
> Could you please provide me with exact dates of your wife's arrival in SA and the date that you submitted the Section 11(6) visa application in SA?
> 
> ...


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## LegalMan (Dec 26, 2012)

Hi Caseguy, 

An appeal submitted personally (without assistance from an attorney) may take up to 6 - 10 months. 
An attorney can put serious pressure on the appeals department, usually resulting in a quicker turn around time of about 3 months.


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