# Intra Company Transfer Application



## maevemckkokstad (Nov 25, 2014)

I have been in SA for 4 years managing an NGO, and my most recent visa was an intra company valid till August 2014. When the new regulations came out I applied for an extension of that visa based on advice from various immigration consultants, who felt I should be entitled to an extra two years as the maximum length is now four years. So 60 days before my visa expired I applied through VFS for an extension. There was nothing in the regulations about where this should be done in the case of an intra company transfer. 

My application was rejected as I was missing one document, I appealed this on the 1st of September, again through VSF, with the missing document and have been waiting for the result of my appeal ever since.

Every time I spoke to the DHA hotline or VFS hotline they said not to leave the country even though my visa was expired and to wait here for the decision. I called again yesterday as I was hoping to travel to my home country for Christmas and asked again about when I might receive the decision on my appeal. They said if I left I would receive the 5 year ban and would have to appeal that before coming back. I then called an immigration consultant who said there is a new directive since October regarding intra company transfers (which I have just found online) which states that they must be applied for in the country of origin.

So now I have overstayed my visa and will receive that 5 year ban next month when I leave, will have to appeal that which apparently takes 2-3 months and then start my new application from overseas. I feel that this is crazy since there was nothing in the regulations when they first came out about having to apply for an intra company transfer extension/new permit from your home country, no one ever mentioned this till yesterday and I've been waiting almost six months for a decision that will inevitably be a rejection because of this new directive.

Has anyone had any experience in appealing their bans and how long it takes? And does anyone know would my particular circumstances make any difference and get it through quicker?


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## Tony556 (Dec 5, 2014)

Hi i have dealt with many of these matters.
I think you need to remedy your situation by getting out of the country and coming back. 
if you leave via CPT international you can appeal against the possible ban and leave when you have you have received the waiver. The officials at CPT international have said they will not ban people with those letters in hand.

i would then apply for the ICT visa in your home country .

appeals are supposed to be finalised in a matter of days but that seldom happens. if you appeal after leaving the country i would suggest also approaching the high court for relief as this will speed up the process


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