# Critical skills appeal rejected for invalid reason



## ZimNerd

So today i collected my rejection letter for the appeal i made in January. The first rejection was because they stated that i don't have 5yrs working experience after graduation, even though i had submitted proof of 6 yrs working experience (i.e including work while i was studying). Luckily when i got the first rejection I already had reached 5yrs after graduation experience. I appealed and attached letter from my employer.

Now to my surprise they rejected the appeal saying and i quote:

"IITPSA confirmed through a telephonic conversation that you are just an associate member of their institute and I need to write a critical skills assesment before i can qualify a critical skills visa. Your application for TRP is hereby rejected"

But looking back at the directive 22 dated 24 October 2014 from DHA it stated:
"All emigration officers are hereby advised tht where proof of application for a certificate or registration with professional body recognised by SAQA is available, there is no need to submit or request an additional document from proffesional body as confirmation of skills."

What do you make of this?
Isn't this a contradiction?
Is there need to change reasons of rejections when proof to correct previous rejection is supplied?
Anyone who faced same scenario?
Any Immigration gurus here to knock sense into this?

#still-in-shock


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## Icon

Hi my brother.email me on (moderated) I may be able to assist you. I am a fellow Zimbo myself!



ZimNerd said:


> So today i collected my rejection letter for the appeal i made in January. The first rejection was because they stated that i don't have 5yrs working experience after graduation, even though i had submitted proof of 6 yrs working experience (i.e including work while i was studying). Luckily when i got the first rejection I already had reached 5yrs after graduation experience. I appealed and attached letter from my employer.
> 
> Now to my surprise they rejected the appeal saying and i quote:
> 
> "IITPSA confirmed through a telephonic conversation that you are just an associate member of their institute and I need to write a critical skills assesment before i can qualify a critical skills visa. Your application for TRP is hereby rejected"
> 
> But looking back at the directive 22 dated 24 October 2014 from DHA it stated:
> "All emigration officers are hereby advised tht where proof of application for a certificate or registration with professional body recognised by SAQA is available, there is no need to submit or request an additional document from proffesional body as confirmation of skills."
> 
> What do you make of this?
> Isn't this a contradiction?
> Is there need to change reasons of rejections when proof to correct previous rejection is supplied?
> Anyone who faced same scenario?
> Any Immigration gurus here to knock sense into this?
> 
> #still-in-shock


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## killerkrish

hi all

just now i read the thread of ZimNerd "Critical skills appeal rejected for invalid reason"..

i have a doubt.. is it mandatory to have 5 or 5+ years of work experience??? 

i have applied fr my CSV on june 30th 2015. at the the time of submission of my csv application i attached my IITPSA confirmation of skills,membership,saqa, work experience letter frm my employer..

in the iitpsa confirmation of skills they said/ considered my work experience for 4.9 years.. i submitted my job offer letter frm the previous n current employer in india followed by experience,relieving letter n my RESUME(CV).. iam still working with my current employer since 2012 n i submitted my confirmation of skills n member ship to iitpsa guys on april 26th 2015 n got a mail frm tht sating they received my application for confirmation of skills written report on 29th april 2015.. i got confirmation of skills written report and membership letters in the month of june 2015 to my hand.. whn i opened it, confirmations of skills written reports says " based on my resume/cv, employer letters we consider of 4.9 years of work experience (they only counted my work experience till the date on which they received my application fr confirmation of skills written report, where as i was still working in the same designation n same roles n responsibilities)".! i submitted my csv application at high commission office on june 30th 2015.. by tht time i was working and i crossed 5 years of work experience..also i took a recent experience letter dated on june 26th 2015 stating tht iam still working with them since 2012.. and submitted all these documents at high commission office at new delhi..

so would it a problem as the confirmations of skills written report says 4.9 years of work experience, where as i also took a work experience letter frm my employer just before 4 days of submitting my csv application at high commisiion office... would it b a problem??? IITPSA only counted my work experience till the date on which they received my application fr confirmation of skills written report, where as i was still working in the same designation n same roles n responsibilities.. 

would it effect my csv??is having a 5 or 5+ years of work experience mandatory fr obtaining a successful csv??? after reading the post of ZimNerd "Critical skills appeal rejected for invalid reason"


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## Learnered Zimbo

ZimNerd said:


> So today i collected my rejection letter for the appeal i made in January. The first rejection was because they stated that i don't have 5yrs working experience after graduation, even though i had submitted proof of 6 yrs working experience (i.e including work while i was studying). Luckily when i got the first rejection I already had reached 5yrs after graduation experience. I appealed and attached letter from my employer.
> 
> Now to my surprise they rejected the appeal saying and i quote:
> 
> "IITPSA confirmed through a telephonic conversation that you are just an associate member of their institute and I need to write a critical skills assesment before i can qualify a critical skills visa. Your application for TRP is hereby rejected"
> 
> But looking back at the directive 22 dated 24 October 2014 from DHA it stated:
> "All emigration officers are hereby advised tht where proof of application for a certificate or registration with professional body recognised by SAQA is available, there is no need to submit or request an additional document from proffesional body as confirmation of skills."
> 
> What do you make of this?
> Isn't this a contradiction?
> Is there need to change reasons of rejections when proof to correct previous rejection is supplied?
> Anyone who faced same scenario?
> Any Immigration gurus here to knock sense into this?
> 
> #still-in-shock


my experience is that the professional body holds the key to the crirical skills application. My first visa was rejected because the professional body stated that i am a student member. I then re-applied and notified the body after showing them the rejection letter. Not sure what they said this time round but i got it with the exact same documentation.


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## ZimNerd

So DHA decided to sent me my permit after making a complaint to Seipati - Deputy Director General Critical skills Acquisition. She confirmed that i was wrongly rejected and forwarded my case back to appeals. Yesterday the 24th i received an email that my application has been received at VFS. On VFS system the status changed from collected to dispatched at VFS counter.

So I concluded that if you don't follow up or speak to people with authority at DHA you are likely to take long to get assistance.


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## capetownkelly

From what I understand, according to Directive 22, the assessment of skills from the professional body is no longer needed, only the registration with a professional body. Is there a reason you needed this ?


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## Learnered Zimbo

Yes you have to speak up after reading the requirements. Otherwise you suffer unjustly.


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## kkvaraprasad

Hi All, I am from India and I got critical skill visa in Sep'2015 and i am in a dilemma that when i can fly to South Africa. i am a Java Developer with 10+ years experience. will i have job opportunities there ? how much time it will take to get job in South Africa on Critical Skills visa for a Sr.Java Developer ?


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## rohanskoshti

*vfs or embassy ? where to apply for CSV in mumbai ?*

hello everyone , 

do i need to apply in VFS center at Bandra Kurla complex or at South Africa embassy for critical skills visa ?
I have SAQA , IITPSA , all docs ..


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## stallone

how many years is your current visa. the one you got from india?


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## kkvaraprasad

rohanskoshti said:


> hello everyone ,
> 
> do i need to apply in VFS center at Bandra Kurla complex or at South Africa embassy for critical skills visa ?
> I have SAQA , IITPSA , all docs ..


Hi Rohanshoshti,

you have to fill application (DHA-1738) Form 8, and have to submit the application form along with SAQA and IITPSA certificates in the below address in Mumbai. they will receive the application from 9AM to 12PM. only 3 hrs and 4days a week. Monday to Thursday.

Gandhi Mansion
20 Altamount Road
Mumbai, 400 026
India.


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## LegalMan

rohanskoshti said:


> hello everyone ,
> 
> do i need to apply in VFS center at Bandra Kurla complex or at South Africa embassy for critical skills visa ?
> I have SAQA , IITPSA , all docs ..


Hi rohanskoshti, 

You would need to apply through the South African Embassy in Mumbai or New Dehli.


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## maverick.s

Hi kkvaraprasad

Can you please share the date on which you applied for CSV and where-Delhi or Mumbai?

Look forward to your reply.

Thanks.


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## LegalMan

rohanskoshti said:


> hello everyone ,
> 
> do i need to apply in VFS center at Bandra Kurla complex or at South Africa embassy for critical skills visa ?
> I have SAQA , IITPSA , all docs ..


Hi rohanskoshti, 

You would need to apply at the South African Embassy for a critical skills visa. VFS assist with visitor's short and long stay applications.


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## revk

Hi LegalMan,

If applying for CSV without a job offer, how does one fill the below 2 fields of DHA-1738 Form 8?

1) "A written undertaking by the employer accepting responsibility for the costs
related to the deportation of the applicant and his or her dependent family
members, should it become necessary."

2) "A written undertaking by the employer to ensure that the passport of his or
her employee is valid at all times for the duration of his or her employment"


Need your expert advice on this...


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## joe117

Ignore/leave blank since you do not have a job offer


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## D1238490

kkvaraprasad said:


> Hi All, I am from India and I got critical skill visa in Sep'2015 and i am in a dilemma that when i can fly to South Africa. i am a Java Developer with 10+ years experience. will i have job opportunities there ? how much time it will take to get job in South Africa on Critical Skills visa for a Sr.Java Developer ?


You can check the job portals like 
[indeed [dot] co [dot] za
also others like glassdoor etc... you should be able to find the answers there. Best of Lucks

BTW how much time did it took for you to get the Critical Skill Visa?


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## revk

joe117 said:


> Ignore/leave blank since you do not have a job offer


Thanks a lot for the prompt clarification, @joe117.

I have just 2 more queries - will much appreciate your response on the below:

1) Is it necessary to have a host/contact in SA in order to apply for CSV? The DHA-1738 Form 8 has fields asking for Host address. Is it unusual to apply for CSV without having a contact in SA, and could that form grounds for rejection?

2) Is it necessary to obtain the job offer while in SA itself? Can the job search be done online? Again, the CSV form asks for date of travel to SA? How can this be pre-booked given that the CSV application can take any amount of time?

Thanks in advance for your help.


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## joe117

Host adress..here you can just supply a friend's adress..Please note that this is not a decision changing line..do not worry about it too much

Job offer...you can start applying jobs even after landing in SA with your CSV visa.

Date of travel...when do you want to go SA? Maybe just put a date which is a month or 2 from now..obviously your travel plans will only be finalised after you get the visa..just make sure you do not put a date far into the future.


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## revk

joe117 said:


> Host adress..here you can just supply a friend's adress..Please note that this is not a decision changing line..do not worry about it too much
> 
> Job offer...you can start applying jobs even after landing in SA with your CSV visa.
> 
> Date of travel...when do you want to go SA? Maybe just put a date which is a month or 2 from now..obviously your travel plans will only be finalised after you get the visa..just make sure you do not put a date far into the future.


Thanks @joe117!

I'll proceed with my visa application based on your clarifications - I'll need to use an empty host address since I do not have any contacts in SA currently. Just hope that will not cause any problems.


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## jesusismyvitory

ZimNerd said:


> So DHA decided to sent me my permit after making a complaint to Seipati - Deputy Director General Critical skills Acquisition. She confirmed that i was wrongly rejected and forwarded my case back to appeals. Yesterday the 24th i received an email that my application has been received at VFS. On VFS system the status changed from collected to dispatched at VFS counter.
> 
> So I concluded that if you don't follow up or speak to people with authority at DHA you are likely to take long to get assistance.


wow that is good news,do i think i can phone the director general as well?I have a similar case where my extension was rejected on the premise that i did not study actuarial science so i can not practice as a risk assessor.I do not understand how i was granted the one for one year in the first place before i got the job..Puzzled..


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## venkivit

Hi guys,
I applied for renewal of Critical Skills Visa and it got rejected saying the reason below,

"the occupation/critical skill coupled with the qualifications(mechanincal engineering) is under the classificaation of education subject matter of engineering.applicant is therefore required to register with a relevant statutory body for mechanical engineers;ecsa."

Done my B.Tech in Mechanical and working in Software/IT services company,while applying for visa initially I submitted IITPSA from India and got the Visa.
For renewal I applied with the same IITPSA certificate from SOuth Africa and it got rejected now.
Really disappointing.
Any Help please.


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## Sudhir _1986

ZimNerd said:


> So today i collected my rejection letter for the appeal i made in January. The first rejection was because they stated that i don't have 5yrs working experience after graduation, even though i had submitted proof of 6 yrs working experience (i.e including work while i was studying). Luckily when i got the first rejection I already had reached 5yrs after graduation experience. I appealed and attached letter from my employer.
> 
> Now to my surprise they rejected the appeal saying and i quote:
> 
> "IITPSA confirmed through a telephonic conversation that you are just an associate member of their institute and I need to write a critical skills assesment before i can qualify a critical skills visa. Your application for TRP is hereby rejected"
> 
> But looking back at the directive 22 dated 24 October 2014 from DHA it stated:
> "All emigration officers are hereby advised tht where proof of application for a certificate or registration with professional body recognised by SAQA is available, there is no need to submit or request an additional document from proffesional body as confirmation of skills."
> 
> What do you make of this?
> Isn't this a contradiction?
> Is there need to change reasons of rejections when proof to correct previous rejection is supplied?
> Anyone who faced same scenario?
> Any Immigration gurus here to knock sense into this?
> 
> #still-in-shock


Hi,
How much time did it take for both the appeals each. Is there any SLA for revert?


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## aliimran20

rohanskoshti said:


> hello everyone ,
> 
> do i need to apply in VFS center at Bandra Kurla complex or at South Africa embassy for critical skills visa ?
> I have SAQA , IITPSA , all docs ..


No application is directly entertained at Embassy/Consulate. All applications are processed through VFS.


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## Srihith

the same happen to me. i Contacted to IITPSA for the same. they have provided me supporting documents explaing non exclusive engineer and qualified for the CSV.

PLease contact IITPSA and appeal to DHA.

I have appealed to DHA but as they take more time for appeal. not sure how much time they will take for outcome.

you could reapply again for CSV with letter provide by IITPSA.

I will keep updated mine status of the appeal.


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## j.naresh89

Srihith said:


> the same happen to me. i Contacted to IITPSA for the same. they have provided me supporting documents explaing non exclusive engineer and qualified for the CSV.
> 
> PLease contact IITPSA and appeal to DHA.
> 
> I have appealed to DHA but as they take more time for appeal. not sure how much time they will take for outcome.
> 
> you could reapply again for CSV with letter provide by IITPSA.
> 
> I will keep updated mine status of the appeal.


Hi Srihith, I have an identical issue like yours. Qualified in instrumentation and control engineering and experienced in IT. Please advise of your outcome

Sent from my Moto G (4) using Tapatalk


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## onor

Please I need help……I came into the republic February 2013 on a one year study visa to study masters in electrical engineering I registered for studies in 2013, also in the same 2013, I was opportune to get a job which was related to my career in engineering. I applied and obtained a 5 year work visa from the department of home affairs in the same year 2013. 23/10/2013. In 2014 still retaining my job I wanted to finish my studies but because my one year entry visa had expired I lodged an application for my work visa to be endorsed for study to allow me retain my job and complete my masters studies 31st January 2013. A mistake I am currently suffering for. I registered in 2014 with XYZ university (name with held) as a returning second year masters student to complete my program but was expelled from school. Since I didn't get response from my application for endorsement from DHA, I continued on my work visa to work in my place of work. I travelled internationally on the work visa twice, one in 2014 and one in 2015. I never knew there was a study visa already issued at DHA. In 2016 my family (wife and son) joined me in the republic of south africa on accompanied spouse visa attached to my work permit. They are currently with me in the republic.

Where my problem all began was when I got an offer letter with another company and according to the law I needed to change my visa status. Having checked the visa types. I qualified for a critical skill visa in engineering as I have a bachelor’s degree in engineering. So I applied FOR A CRITICAL SKILL VISA but was rejected the 1st time based on the reason that the evaluation document I submitted from ECSA was not acceptable but because ECSA registration is a lengthy one and I have multiple years of experience in IT. I got registered with the IITPSA professional body and applied the 2nd time for a critical skill visa. My application was rejected again based on the reason that I had another study visa issued in 2014. It was at this point 3years after it became known to me that the application made in 2014 for endorsement of work permit to study was actually issued as a study visa and not an endorsement.

I assumed it was a mix up on DHA's part so I decided to make a 3rd application and included documents stating that am not with XYZ university (name withheld) and attached proof that I studied from 2013 to 2014 and I don't possess a study visa. To my surprise my application was denied the third time. Asking me to apply with my study visa and not my work visa

It was then I took my rejection letter to the regional office in Cape Town home affairs. After numerous attempts to search for the visa. The study visa was finally found on 10th of October 2016, and it was to expire in two months’ time (31/12/2016). I sought counsel from the home affairs staff on the best path to resolve my issue. Mr ***** (a supervisor at the office) advised that I take the study visa regardless and apply for critical skill visa. And that as long as I meet the requirements I will be issued the visa. I applied the fourth time and I was rejected based on the reason that I must be registered with the engineering body.

Luckily for me, my registration with ecsa was completed before the study visa expired. so I immediately applied with all supporting documents for a csv and to my surprise my fifth application was rejected on the bases that I must produce proof of studies at XYZ university. Which was never mentioned in the last rejection letter.

It was never mentioned to provide proof of studies in the previous application. And I dropped out from school not completing my masters studies since September 2014.

I am a qualified engineering candidate with ECSA and a registered member of IITPSA professional body, and still employed as stated on my work visa.

I am confused on how to appeal this matter( I have 9 days from today to appeal). Please can anyone advise me? I don’t have money to pay an agent because the whole process from 1st to 5th application has drained my finances. I am a married man with a son and the bread winner of my home, it's painful to be rejected 5 times for a visa I qualify for. And a lot of resources have gone into each application made to get this visa but to no avail. 

Please can anyone assist me your ideas and suggestion are welcome.


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## Srihith

venkivit said:


> Hi guys,
> I applied for renewal of Critical Skills Visa and it got rejected saying the reason below,
> 
> "the occupation/critical skill coupled with the qualifications(mechanincal engineering) is under the classificaation of education subject matter of engineering.applicant is therefore required to register with a relevant statutory body for mechanical engineers;ecsa."
> 
> Done my B.Tech in Mechanical and working in Software/IT services company,while applying for visa initially I submitted IITPSA from India and got the Visa.
> For renewal I applied with the same IITPSA certificate from SOuth Africa and it got rejected now.
> Really disappointing.
> Any Help please.



Hi,

Same happend with me. my CSV got rejected.
i appeald again with few supporting documents got from IITPSA.

What would you have done.


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## CSVindia

Srihith said:


> Hi,
> 
> Same happend with me. my CSV got rejected.
> i appeald again with few supporting documents got from IITPSA.
> 
> What would you have done.


Just wondering, is it worth submitting registration and confirmation from both IITPSA & ECSA?


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## Srihith

CSVindia said:


> Just wondering, is it worth submitting registration and confirmation from both IITPSA & ECSA?


Not Sure. Sometime they approve the csv without ECSA.

Few of my people got the csv just now and they are also from engineering Qualification and DHA didnt ask them for ECSA registration.

for Qualification , i already got the SAQA so why ECSA is important for an IT Profession, if IITPSA is in place.

If i was working on Engineering background, i can understand the ECSA registartion, make sense but not for an IT Professional.

I am really disappointed.


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## j.naresh89

Hi Srihith have you gone for reappeal ? I hope you applying from southafrica

Sent from my Moto G (4) using Tapatalk


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## KoolKam

venkivit said:


> Hi guys,
> I applied for renewal of Critical Skills Visa and it got rejected saying the reason below,
> 
> "the occupation/critical skill coupled with the qualifications(mechanincal engineering) is under the classificaation of education subject matter of engineering.applicant is therefore required to register with a relevant statutory body for mechanical engineers;ecsa."
> 
> Done my B.Tech in Mechanical and working in Software/IT services company,while applying for visa initially I submitted IITPSA from India and got the Visa.
> For renewal I applied with the same IITPSA certificate from SOuth Africa and it got rejected now.
> Really disappointing.
> Any Help please.


Hi Venki,

Am in a similar situation where my visa extension of one year csv got rejected
May i know if you have appealed or submitted a fresh application in this case.
As I have visa for next 3 months only, any suggestion would be highly appreciated. Thanks.


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## soon3r

Hi I got my CSV extension rejected too. M in Risk n they rejected coz apparently risk assessors must be actuarial science grads. Any ideas guys?


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## Kayvirtuoso

Learnered Zimbo said:


> my experience is that the professional body holds the key to the crirical skills application. My first visa was rejected because the professional body stated that i am a student member. I then re-applied and notified the body after showing them the rejection letter. Not sure what they said this time round but i got it with the exact same documentation.


Wow! So are you saying one can apply for csv even though one just graduated? I have more than 5 years of work experience and also my own online business. Though I just graduated from an SA university with a degree. If my professional body can prove my work experience, do you think I'll be considered for csv? Thanks


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## Bookishly

Kayvirtuoso said:


> Wow! So are you saying one can apply for csv even though one just graduated? I have more than 5 years of work experience and also my own online business. Though I just graduated from an SA university with a degree. If my professional body can prove my work experience, do you think I'll be considered for csv? Thanks


I don't know if this is something you're open to considering, but if you are a foreigner who has graduated from a South African tertiary institution with a degree in a critical skill area (as I gather you have, from your post), you can now apply for permanent residence straight away (eliminating the need for a CSV), without having to: 

submit a certificate from a professional body confirming the skills or qualifications,
acquire five years of post-qualification experience, or
submit testimonials from previous employers
I have attached the relevant Home Affairs circular here.


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## Kayvirtuoso

Wow great. Thank you for the information.


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## joe117

soon3r said:


> Hi I got my CSV extension rejected too. M in Risk n they rejected coz apparently risk assessors must be actuarial science grads. Any ideas guys?


wow...since when? They must have changed the rules because people with a Risk background ususally got the CSV even if a person did not have an Actuarial degree.
So what is your way forward now?


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## amlan84

Hi All,

Recently my wife applied for change of her Accompanying Spouse Visa at Joburg (I have an ICT Visa) to Critical skills visa and got rejected as below:
"in terms of section 10(5) read together with regulations 9(7) of the DG may for good cause attach reasonable individual terms and conditions to a visa. The applicant's visa issued in New Delhi states that the employment or study of the applicant is strictly prohibited. These conditions cannot be ignored , as the foreign mission official must have specific reasons for attaching such conditions to the applicant's visa". The irony is that these conditions are mentioned on accompanying spouse visa specifically to ensure that you have a dependent status and cannot work or study, which has nothing to do with any specific reasons for the individual. What are your views? We are appealing next week.


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## DannyWelbeck

Hi everyone,
Does anyone know how long appeals take when processed from home country? Also can I reapply while my appeal still hasnt come back with a result?


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## soon3r

joe117 said:


> wow...since when? They must have changed the rules because people with a Risk background ususally got the CSV even if a person did not have an Actuarial degree.
> So what is your way forward now?


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## mharish1219

amlan84 said:


> Hi All,
> 
> Recently my wife applied for change of her Accompanying Spouse Visa at Joburg (I have an ICT Visa) to Critical skills visa and got rejected as below:
> "in terms of section 10(5) read together with regulations 9(7) of the DG may for good cause attach reasonable individual terms and conditions to a visa. The applicant's visa issued in New Delhi states that the employment or study of the applicant is strictly prohibited. These conditions cannot be ignored , as the foreign mission official must have specific reasons for attaching such conditions to the applicant's visa". The irony is that these conditions are mentioned on accompanying spouse visa specifically to ensure that you have a dependent status and cannot work or study, which has nothing to do with any specific reasons for the individual. What are your views? We are appealing next week.



Hi, Do you know if my wife can submit her "Accompanying Spouse visa" application at the same time when I submit my Critical skill visa application ?


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## kamal1978

Hi all, Anybody interested to get help or suggestions to get CSV. inbox me.


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