# rejected CSV-Corporate General manager



## kabombo (Jan 11, 2019)

Hi
I have CSV CGM and recently applied for new CSV- corporate general manager with new company who offered me permanent employment and it was rejected.
The reason being that for CGM csv one must be a member of BOD of the company and memorandum of association may impose minimum qualifications for being a director and I must submit it
Has anyone experienced this rejection reason before? 
Any advice on how to handle the appeal as my current csv expired last week and can't lodge new application?
Thanks


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## Dread Pirate Roberts (Jul 10, 2018)

kabombo said:


> Hi
> I have CSV CGM and recently applied for new CSV- corporate general manager with new company who offered me permanent employment and it was rejected.
> The reason being that for CGM csv one must be a member of BOD of the company and memorandum of association may impose minimum qualifications for being a director and I must submit it
> Has anyone experienced this rejection reason before?
> ...



Yes I experienced the same thing.
Which Professional Board did you use? Ask the Board to assist you with a letter that will motivate that you do not need to be a a member of the BOD to be a corporate General manger.

Also ask the company to give you their MOI all the documents from the CIPC website. Attach them with your appeal.

All the best.

Ensure that you do your application before April 2019, Laws may change.

https://imcosa.co.za/news/119-newsl...ist-corporate-general-managers-apply-now.html


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## kabombo (Jan 11, 2019)

Hi Dread,
Many thanks for your informative response.
I used Institute of Directors and submitted my certificate and standard CSV letter issued by them.
The company has offered me appointment as director concurrently with role of CGM.
Will revised concurrent appointment contract and MOI CIPC printout suffice for appeal?


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## Dread Pirate Roberts (Jul 10, 2018)

*Corporate General Manager Appeal*



kabombo said:


> Hi Dread,
> Many thanks for your informative response.
> I used Institute of Directors and submitted my certificate and standard CSV letter issued by them.
> The company has offered me appointment as director concurrently with role of CGM.
> Will revised concurrent appointment contract and MOI CIPC printout suffice for appeal?


I have new information since my last response. I hope I am not late. 
Apparently if you apply using CGM you require a lot of documents which prove that you are a director.

1. Institute if Directors is fine.

2. You need to a letter from the company that states that you are a Director.
link https://www.hsbc.co.mu/1/PA_1_1_S5/content/website/documents/director_declaration.pdf

3. You must also submit MOI from  the CIPC website, ensure that your name is listed under Directors of the company.
link: http://www.cipc.co.za/

4. Motivate in your own words why you think you should be granted the VISA and prove that you qualify as a Director (Use the companies Act to Motivate).

*SAMPLE OF YOUR MOTIVATION*

_I take this opportunity to thank you for allowing me to appeal the decision for my Critical Skills Visa application with a reference number TRVxxxxxxxxx. I have thoroughly reviewed the details of the rejection letter dated 2019/01/01 and my appeal follows herewith.

My name is xxxxxxxxxx (Passport Number: 123456789) residing at xxxxxxxxxxxxx Johannesburg; born xxxxxxxx 1800 in xxxxxxxxx. I applied for a Critical Skills Visa on date at VFS Johannesburg and my application was rejected as follows:
(1)	“For the applicant to qualify as a corporate general manager the applicant must be a member of a board of the company as contemplated in section 66 of the Companies Act no 71 of 2008.”
(2)	“Section 69(6)(b) of the Companies Act no 71 of 2008 provides that in addition to the provisions of this section, memorandum of incorporation of a company may impose minimum qualifications to be met by the directors of the company. The applicant is hereby requested to submit memorandum of incorporation of a company that set the minimum qualifications to be met by the directors of the company.”

In appeal to the above decision:
(a)	I have attached the Contract of Employment which stipulates my duties and responsibilities, and a Confirmation Letter from the employer confirming my employment as a Director. As a Corporate General Manager, I am a senior employee who is an “ex officio” Director and there are employees whom I lead and they report to me.

(b)	I have attached the Memorandum of Incorporation (MOI) (as requested) from my employer that sets the minimum qualifications to be met by directors. As evidenced in the MOI, my qualifications do meet the minimum qualifications set. 

(c)	I would like to refer you to the Companies Act no 71 of 20018 section 1 that defines an “ex officio Director” as a person who holds office as a Director of a particular company solely as a consequence of that person holding some other office, title, designation or similar status specified in the company’s Memorandum of Incorporation. 

(d)	Section 66(4)(a)(ii) of the Companies Act no 71 of 2008 further stipulates that the Memorandum of Incorporation of a company may provide for a person to be an “ex officio Director” of the company as a consequence of that person holding some other office, title, designation or similar status. As such a Corporate General Manager of COMPANY, as provided for in the Memorandum of Incorporation is a Director.

(e)	I have attached my Academic Qualification documents and records.

Based on the information above and the attached documents it is proven through this written representation that my appointment to the position of a Corporate General Manager at COMPANY is equivalent to that of a Director.

I hope you find the above information in order. Please contact me on the details I provided below if you require additional information.

Your assistance with my Critical Skills Visa will be greatly appreciated_


5. Sign the CONSENT, DECLARATION AND UNDERTAKING TO ACT AS A DIRECTOR
check the link https://www.morestat.co.za/index_htm_files/Consent to act as director.pdf

6. Prove that you own shares in the company [But remember not all directors are shareholders, so if it is a private company you may also need to submit a share certificate showing that you have shareholding- DHA also requires that. Otherwise motivate otherwise.]

7. If you have lawyers ask for advice on what to include.

8. Company must write a Motivation Letter for you:

*Sample Motivation Letter* 

_This serves as a supporting letter regarding the application for a Critical Skills Visa of YOUR NAME (Passport Number: 123456789). YOUR NAME has been appointed to take up the role of a DIRECTOR OR Corporate General Manager within our company, this appointment is in line with our Memorandum of Incorporation (MOI) [Section X.X of MOI]. This is a senior position in our entity and his qualifications meet the minimum qualifications that are to be met by the directors of COMPANY [Section X.Y of the MOI].
Because of YOUR NAME holding this position (of Corporate General Manager) and as stipulated in our MOI and in line with the Companies Act, No. 71 of 2008 section 66(7)), YOUR NAME is a Director and member of the Board of COMPANY (Pty) Ltd. 

YOUR NAME has delivered to the company a written consent to serve as its Director in terms of section 66(7)(b) of the Companies Act, No. 71 of 2008. We have also complied with section 69(7) and (8) in his appointment, he is both eligible and qualified to be a company Director. It is important to note that before any person is appointed to be a member of the board of COMPANY (Pty) Ltd proper background checks must be done to ensure that no ineligible or disqualified persons are appointed to such positions.

We kindly ask you can assist him accordingly in his Visa application.

If you require further information please do not hesitate to contact us

Regards,

HR/Chairman/Board/ETC_








> Yes I experienced the same thing.
> Which Professional Board did you use? Ask the Board to assist you with a letter that will motivate that you do not need to be a a member of the BOD to be a corporate General manger.
> 
> Also ask the company to give you their MOI all the documents from the CIPC website. Attach them with your appeal.
> ...


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## kabombo (Jan 11, 2019)

Hi Dread,
Many thanks for your detailed response.
I certainly wished I could have received this information before I submitted my appeal.
I included most of the items you mentioned save for inclusion of my name on CIPC documents as there was not enough time to submit changes to CIPC due to 10 working days deadline. 
I trust DHA will allow my subsequent presentation of CIPC docs with my name included if they do request for it.
Best regards


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## Dread Pirate Roberts (Jul 10, 2018)

kabombo said:


> Hi Dread,
> Many thanks for your detailed response.
> I certainly wished I could have received this information before I submitted my appeal.
> I included most of the items you mentioned save for inclusion of my name on CIPC documents as there was not enough time to submit changes to CIPC due to 10 working days deadline.
> ...


I pray and hope all goes well:amen:


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## Mish01 (May 28, 2019)

Hi there,

Gosh I also wish I had read this earlier. We have been using an immigration consultancy to handle the CSV for corporate general manager. application came back rejected today . Reasons being the same saying that you need to be on the board and MOI to state that.

The body we used was IBASA. SAQA issued level 7. With only 10days to appeal and have all the paperwork sorted what is the next steps? He can be added to the MOI but not sure if CIPC will make changes within 10days. 
Also is the IBASA certificate fine for the corporate general manager? Don't think we will have time to get one for Directors... Help please 😢

Only option is to appeal but need to know what to submit now.


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## kabombo (Jan 11, 2019)

I am registered member of Institute of Directors IoDSA. That's what I used. If your employer can offer your directorship in company, submit amended contract of employment as CGM/director and MOI downloaded from CIPC in appeal documents. Ensure the contact numbers of your employer are clearly visible in the documents and motivational letter accompanying appeal. 
Good Luck with the appeal!!!


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## Mish01 (May 28, 2019)

Thank you for your reply. Another question regarding the share certificate, do you need to submit that document and whats the best place to obtain one? Do we need to submit that as well if I am added on the MOI as a director. The employment contract will also be changed to CGM/director.
Your swift response would be highly appreciated.


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## kabombo (Jan 11, 2019)

Hi there. 
I did not include the share certificates as there was not much time. 
Remember, focus is they want you to be a Board of Directors member so appointment by existing directors according to MOI must be followed and appropriate board resolution drafted and signed. Also note that you can be director without necessarily becoming a shareholder in the company. But if you can manage to get SCs then include them.


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## Mish01 (May 28, 2019)

Kabombo would you be able to contact me via mishfrost1 at gmail.com


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## Mish01 (May 28, 2019)

Hi Dread Pirate Roberts,

Do you know whether the IBASA letter will be sufficient to submit as we don't have time to deal With IoDsA before submission of appeal.

Has your application been successful?

I have now been added the company and have share certificate. 

On employment contract must job description include director duties or just corporate general manager job details?

It's all so unclear.

Your urgent response will be greatly appreciated


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