# Questions about appeal process



## mark__land (Dec 6, 2013)

Hi guys,

Does anyone know how long an appeal for a partner visa takes to be processed? We submitted the appeal on the 17th Nov and are still waiting. When is a realistic time to expect it due?

We are desperate to return to my partners home country because my partners father is due to go to hospital. But of course we are stuck here as Home Affairs first refused our third renewal (we've been together for six years on previous partner visas) and now we are trying to appeal. It feels a bit like being hostage here in South Africa because if we leave now I believe my partner might get a ban. 

Worst case scenario, if the appeal is rejected how long do we have to leave the country without getting a ban? Is there any grace period? How long would the ban be? (The original partner visa expired at the end of Oct 2014 and we applied for renewal a month before. Was rejected and appealed withing the 10 days). 

Many thanks for your guys input


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## Fynbos (Jan 8, 2015)

Hi Mark,

Historically, DHA appeals can take anything up to a year. Although now that VFS is in place, you’re looking at anything from 3 to 6 months. There is no grace period, so upon departure she would be banned for 5 years. While there are no certainties, from what it sounds like, she would have a strong case to fight the ban (undesirable status) should she submit an overstay appeal.


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## TheViking (Jan 5, 2015)

I know the feeling! I am also waiting on appeal response. It is so frustrating that you are "locked down". My bank will not even allow me to transfer money to pay off my study loan in my home country due to me not having a valid Visa number at the moment..!

@Fynbos: Where do you have the 3-6 months time-frame from? I was told around 10 weeks.
(Have waited 8 so far.)


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## Fynbos (Jan 8, 2015)

@TheViking The time-frame I mentioned is drawn from my experiences with VFS to date. It's not official.


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## LegalMan (Dec 26, 2012)

mark__land said:


> Hi guys,
> 
> Does anyone know how long an appeal for a partner visa takes to be processed? We submitted the appeal on the 17th Nov and are still waiting. When is a realistic time to expect it due?
> 
> ...


Anything longer than 30 days (stated in the law) and I would suggest sending them a legal demand letter.


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## mark__land (Dec 6, 2013)

Its been 50 days now and waiting. It's so frustrating as we intended to be travelling to my partners home country by now. 

@Fynbos: In terms of your 3-6 time-frame - was that also for Partner Visa?

As we are now trapped in SA (unless we face a ban). So trying to get some idea how we can plan for an uncertain future as I don't know how long we are going to be stuck here in limbo. Yes the banks are already starting to complain about my partners bank accounts needing an upto date permit (which we are still waiting for).

I think its ridiculous that it takes half a year to renew a simple visa!


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## ernal (Jul 16, 2014)

But if you being together for 6yrs why can you apply for a permanent residence based on you being married for over 5yrs?


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## mark__land (Dec 6, 2013)

ernal said:


> But if you being together for 6yrs why can you apply for a permanent residence based on you being married for over 5yrs?


Well this is the next step and what we will do once we get a positive result on the appeal. However a PR takes around 8 months, so you need to have have another visa in place concurrently so you end up doing both. We anticipated being approved for the partner visa and then to apply for the PR. We did not expect that Home Affairs to reject the partner visa on year 6 out of a silly technicality of paperwork.

Since the previous partner visa has now passed its expiry period we have to wait for a good result before we can do the PR. 

My second question is, if we lose the appeal, and are forced to leave the country and then apply for the same kind of partner visa from scratch from outside SA. Do we lose the right to apply for a PR?


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## Fynbos (Jan 8, 2015)

Provided you meet all the requirements, and you overturn your declaration of undesirability, then yes, you'll be able to apply for PR again.


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## FellowJarman (Jun 25, 2012)

I'm in the same situation,waiting for my appeal since October! Thing is, my original visa expired in August so getting pretty stressed out!!!


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## Fynbos (Jan 8, 2015)

Holding thumbs for you FellowJarman!


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## mark__land (Dec 6, 2013)

Hi Viking,

Well its now been 10 weeks for you (I roughly calculate) since your last reply. Did you hear anything from them? It's getting super stressful waiting this out.



TheViking said:


> I know the feeling! I am also waiting on appeal response. It is so frustrating that you are "locked down". My bank will not even allow me to transfer money to pay off my study loan in my home country due to me not having a valid Visa number at the moment..!


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## mark__land (Dec 6, 2013)

Shame! Well at least we are not alone then hey. Do let us know when you hear any positive or negative result. 

Have you been checking the tracking website? The SMS notification system is unreliable as I did not receive one last time and when I asked them in person when I submitted the appeal they said the SMS system was broken. 



FellowJarman said:


> I'm in the same situation,waiting for my appeal since October! Thing is, my original visa expired in August so getting pretty stressed out!!!


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## mark__land (Dec 6, 2013)

Hi LegalMan,

Does this actually work? I am interested to find out more about it.

I'm busy checking the tracking site like everyday, but no result and we submitted on November 20th. I wonder how long this will take as we are waiting desperately to travel overseas and feeling really 'trapped' here in SA at the moment. Of course we want to come back again so the ban (and losing the opportunity to apply for a PR) is not a option we want to be facing. 

If only DHA had just accepted our initial partner visa 'renewal', which got processed in only 4 weeks. I say the term 'renewal' loosely because you have to submit everything from scratch. I can't believe they just reject such a visa all of a sudden when I've been with my partner 6 years and coming up to apply for PR.



LegalMan said:


> Anything longer than 30 days (stated in the law) and I would suggest sending them a legal demand letter.


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## FellowJarman (Jun 25, 2012)

I've been checking the VFS Website everyday and still heard nothing. Hearing the legitimate reasons why people couldn't apply at least 60 days before the expiry of their visa. I simply didn't read the new regulations properly and didn't do enough research so just assumed that it was still 30 days before expiry of your visa that you could renew!


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## LegalMan (Dec 26, 2012)

mark__land said:


> Hi LegalMan,
> 
> Does this actually work? I am interested to find out more about it.
> 
> ...


Hi mark_land, 

Just confirm, you are asking whether sending a letter of demand to the DHA Head Office, threatening to take them to court works? 
If so, then the answer is 9 times out of 10, yes.


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## zizebra (Mar 11, 2012)

FellowJarman said:


> I've been checking the VFS Website everyday and still heard nothing. Hearing the legitimate reasons why people couldn't apply at least 60 days before the expiry of their visa. I simply didn't read the new regulations properly and didn't do enough research so just assumed that it was still 30 days before expiry of your visa that you could renew!


I got caught out on this one too. I misread it too. I didn't realise this was changed as well on new legislation. I wished that DHA should publish some stats on rejections that are based on changes to the system


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## TheViking (Jan 5, 2015)

Also still waiting..! VFS forwarded my appeal to Home Affairs the 7th of November. And I do not have a valid visa any longer.

@LegalMan: You write that if it takes longer than 30 days, you recommend to write a demand letter? To whom do you address and send this to?
And do you by any chance have a link to where this 30 rule is stated officially?

Many thanks!


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## LegalMan (Dec 26, 2012)

FellowJarman said:


> I'm in the same situation,waiting for my appeal since October! Thing is, my original visa expired in August so getting pretty stressed out!!!


Hi FellowJarman, 

Have you managed to make contact via email with the official processing your appeal at the Department of Home Affairs?


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## TheViking (Jan 5, 2015)

Update: I was told by VFS today that there is a backlog and it will take minimum 4 months to receive an answer to your application/appeal...!
So frustrating.

If anyone has some info/link to how you send DHA a demand letter - please let me know. -If this 30 days rule goes for appeals as well.


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## LegalMan (Dec 26, 2012)

TheViking said:


> Update: I was told by VFS today that there is a backlog and it will take minimum 4 months to receive an answer to your application/appeal...!
> So frustrating.
> 
> If anyone has some info/link to how you send DHA a demand letter - please let me know. -If this 30 days rule goes for appeals as well.


Hi TheViking, 

You would need to go through an attorney to process a legal letter of demand.


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## mark__land (Dec 6, 2013)

LegalMan said:


> You would need to go through an attorney to process a legal letter of demand.


I called you guys last friday and spoke to a lady called Celeste I believe. I sent an email to her at 10:22am but haven't received any confirmation back as of yet.


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## mark__land (Dec 6, 2013)

Hi TheViking and FellowJarman, any updates on your situation?

For me I'm still waiting anxiously. I planned to only stay in SA for 2 months in Oct to renew this visa as it has always been so effortless in the past. Now 5 months later we are still stuck here. Staying at friends who have been very accomodating to let us stay for so long. But seriously this is getting ridiculous now. 

No change on the status update, it still says that it is being adjudicated since November.


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## hilrap (Jul 31, 2014)

mark__land said:


> Hi TheViking and FellowJarman, any updates on your situation?
> 
> For me I'm still waiting anxiously. I planned to only stay in SA for 2 months in Oct to renew this visa as it has always been so effortless in the past. Now 5 months later we are still stuck here. Staying at friends who have been very accomodating to let us stay for so long. But seriously this is getting ridiculous now.
> 
> No change on the status update, it still says that it is being adjudicated since November.


I there,

same situation here... Did you send the legal demand letter after all? 

Thanks.
hilrap


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## mark__land (Dec 6, 2013)

Well I contacted an immigration firm three weeks ago to help me with following up / letter of demand. I won't mention which one...
Well I am still waiting for them to actually do anything. So as of today I have reached out to another immigration firm (one that replied to me on this thread) and I hope they will have the time to respond to me...




hilrap said:


> I there,
> 
> same situation here... Did you send the legal demand letter after all?
> 
> ...


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## LegalMan (Dec 26, 2012)

Hi Mark_Land, 

Have you been sorted out yet?


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## Moto80 (Mar 10, 2015)

Hi

I am in the same boat waiting for my appeal... Did anybody have any luck? Also how can I find out what officer is dealing with my appeal? I am getting overly desperate! :-(

Cheers


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## harman007 (Mar 13, 2015)

*Waiting for the results of PR application and spousal visa renewal same time*

Hi, my situation is almost similar. The difference is, I had my PR applied before I applied for my spousal visa renewal. 
Could you guys be able to advise: what happens if my visa renwal is rejected and PR is approved? Thanks in advance. Will appreciate your help.


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## SayansiScope (Apr 19, 2014)

harman007 said:


> Hi, my situation is almost similar. The difference is, I had my PR applied before I applied for my spousal visa renewal.
> Could you guys be able to advise: what happens if my visa renwal is rejected and PR is approved? Thanks in advance. Will appreciate your help.


Harman007,

If you have got the PR approved there is no need for the spousal visa or visas anymore as PR reigns supreme over any other visa types....


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## harman007 (Mar 13, 2015)

Hi and thanks a lot Syansiscope. I applied for my PR last year july and provided all the necessary documents in the check list, in fact more than that. I gave SAQA approval of my qualification too. So I am pretty confident about PR.

But I couldn't provide Police Clearance for the renewal (as I could only apply for new Police Clearance after 6 months of the previous one. I did attach the proof of Police Clearance application and an affaidavait stating the reason why I couldn't provide SA Police Clearance (if that gonna help  )

Do you think they will renew my Spousal visa in case the PR is delayed or I will have to resubmit everything again?


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## SayansiScope (Apr 19, 2014)

harman007 said:


> Hi and thanks a lot Syansiscope. I applied for my PR last year july and provided all the necessary documents in the check list, in fact more than that. I gave SAQA approval of my qualification too. So I am pretty confident about PR.
> 
> But I couldn't provide Police Clearance for the renewal (as I could only apply for new Police Clearance after 6 months of the previous one. I did attach the proof of Police Clearance application and an affaidavait stating the reason why I couldn't provide SA Police Clearance (if that gonna help  )
> 
> Do you think they will renew my Spousal visa in case the PR is delayed or I will have to resubmit everything again?


No, I think the two distinct applications are not related, I suggest that you wait for the negative outcome (i hope it will be positive!!!) of your Spousal visa and launch an appeal stating the reasons why you submitted the affidavit instead of the PC itself...

On the other hand your PR application will be okay if you fulfilled all the requirements...


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## FellowJarman (Jun 25, 2012)

mark__land said:


> Hi TheViking and FellowJarman, any updates on your situation?
> 
> For me I'm still waiting anxiously. I planned to only stay in SA for 2 months in Oct to renew this visa as it has always been so effortless in the past. Now 5 months later we are still stuck here. Staying at friends who have been very accomodating to let us stay for so long. But seriously this is getting ridiculous now.
> 
> No change on the status update, it still says that it is being adjudicated since November.


Hi mark_land, I havent heard anything yet either! The last e-mail I got from VFS said that they would escalate the process. Don't really know what difference that makes!
:noidea:
Keep me updated on your situation!

Regards


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## harman007 (Mar 13, 2015)

guys, my relative's visa has been renewed. I just attached an affidavit with the application and other documents, stating why I couldn't provide my SA PC. I also attached the receipt of the PC application with the visa renewal application. I didn't attach Indian PC as I did that last year when I applied for my PR. I was too late to reapply for Indian PC so I took a fat chance. I wont recommend anyone to do the same. 

Now, just waiting for my PR (I hope it wont take 2 years more).


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## harman007 (Mar 13, 2015)

guys, my relative's visa has been renewed. I just attached an affidavit with the application and other documents, stating why I couldn't provide my SA PC. I also attached the receipt of the PC application with the visa renewal application. I didn't attach Indian PC as I did that last year when I applied for my PR. I was too late to reapply for Indian PC so I took a fat chance. I wont recommend anyone to do the same. 

Now, just waiting for my PR (I hope it wont take 2 years more).


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## mark__land (Dec 6, 2013)

Hello,
So I wanted to post an update. We had good news - just needed to wait a long time for it.

The visa we appealed in Oct 2014 was finally approved in June 2016. 
Also it took Home Affairs approximately a year to overturn the 5 year ban - we left in SA in Mar 2015, and they overturned the ban in Jan 2016.

So now we are legal again and were able to return to SA for a holiday now.


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