# rejection



## Economy (Oct 21, 2014)

Dear all, I received news that my application for critical skill got rejected. I was on an intra-company transfer and applied for a change of visa within SA.

Just to make this clear, I have no place to live, etc. back in germany - we are as a family residential here.

REASON FOR REJECTION???

- a change cannot be made within South Africa (my attorney says only tourist visa cannot be changed here, which makes sense).

Good bye and good luck.


----------



## LegalMan (Dec 26, 2012)

Economy said:


> Dear all, I received news that my application for critical skill got rejected. I was on an intra-company transfer and applied for a change of visa within SA.
> 
> Just to make this clear, I have no place to live, etc. back in germany - we are as a family residential here.
> 
> ...


I'm sorry to hear this. Your ICT Visa probably had some sort of condition on it. You can definitely change conditions within SA from ICT to something else - we've seen it often. You now need to appeal quickly.


----------



## Economy (Oct 21, 2014)

they did not even read my application correctly. Appeal this time of the year? takes months again.


----------



## LegalMan (Dec 26, 2012)

Economy said:


> they did not even read my application correctly. Appeal this time of the year? takes months again.


If you don't appeal within 10 days, you can never appeal and you must reapply.


----------



## Economy (Oct 21, 2014)

understood. thank you.


----------



## Jack14 (Oct 26, 2014)

No change of status or conditions allowed whilst resident in South Africa on an Intra Company Transfer or Corporate Worker Permit.
The Department of Home Affairs has instructed that any foreigner remaining in South Africa on an Intra Company Transfer of Corporate Worker Permit are not allowed to apply for a change in conditions from within South Africa.
This means that if the foreign applicant wishes to remain in South Africa, they will have to travel back to their country of origin to make an application for their next residence permit to remain in South Africa.
The intention of the Department is as follows:
Under an Intra Company Transfer Work Permit – this allows a foreigner to come to South Africa for a maximum period of 2 years to share their knowledge and skill with the local staff. Once their period of transfer is complete, the foreigner is required to return to their country of origin and resume employment with their original employer (the branch/subsidiary/affiliate company to the South African Company).
Under a Corporate Permit – the corporate permit allows a group of foreigners to come to South Africa for a maximum period of 5 years to share their scarce or critical skill within our South Africa environment. Once their period of employment is complete, the foreigner is required to return to their country of origin 

This law was in place even before the new regulations and it is still in place


----------



## Jack14 (Oct 26, 2014)

The only changes to intra company transfer is that the visa will be valid for 4 years and not 2years like it use2 be


----------



## oddbass (Feb 2, 2015)

Sorry to revive this thread from October, but I was wondering if this got resolved? Did you appeal?

I am in a similar situation and don't know what to do. I currently have an ICT permit, however I applied for Critical Skills visa and it got rejected for the same reason (cannot apply within South Africa, must go back to UK). 
Is there any grounds on which I can appeal this? (I am still within my 10 day time limit). If so I will appeal, but I need to be sure because if the appeal fails, then I will be past the date that my current ICT visa is valid until, and therefore might become listed as undesirable?

Any advice would be great. 
Thanks


----------

