# Quota Work Permit Extension problems. Please help



## ameenmca (May 1, 2013)

Hello Members.

I came to SA on 14th March 2014 on the basis of quota work permit. I came with an employment from my Indian IT firm which transferred me on their SA payroll. Now I am working on their client side since April 01, 2014.

My company applied for my QUOTA WORK PERMIT (QWP) extension on April 07, 2014 through their Immigration Partners for which I have the HOME AFFAIRS acknowledgement of receipt.

Now I am getting informed about some problems with this extension as the QUOTA WORK PERMIT is dissolved few weeks ago.

I have been given 2 options: 1. Wait in SA until my application is finalized, but I cannot work. 2. Go back to my country and apply for GENERAL WORK PERMIT.

Definitely I am not going for the second option. But my point is:

1. I have been granted QWP on 19th December 2013. Much much before when it was decided to dissolve.

2. My application has been accepted and it is clearly written as "Reporting QUOTA" in the Acknowledgement Receipt.

I need to know if I am clearly, legally and with full justifiably eligible for the extension as it is NOT AT ALL my fault. 

Please let me know if what can be done to overcome this issue.

Thanks.


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## Magijani (Apr 29, 2014)

Quota Work Permits were issued for 5 years and the requirement was to report/confirm employment every 12months. You say you recieved you QWP in Dec'13?

1. What is the expiry date on the QWP
2. Did you Report to Home Affairs, after receiving your work contract to confirm employment? You had to do this within 90 days of securing employment?

If your QWP was issured for 5 years and you confirmed employment within 90 days, then you have nothing to worry about, DHA usually take their time but will eventually issue you with a letter confirming that you have complied with the requirements. There is nowhere that says you have to wait for the confirmation letter before you can continue working.

I myself was on a QWP, issued for 5 years, until I received my PR. While I was on it I reported religiously every 12 months, confirming employment.


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## ameenmca (May 1, 2013)

Hi Magijani.
First of all thank you for the reply. 

I came to South Africa in March 2014 for the first time after my QWP was issued. My employer said it will apply for further things on my behalf, so I handed over the things to them and they applied on my behalf through an immigration firm. I have the receipt which says my name, my date of birth and "Reporting quota" in the third line. This was applied on 11th March. Now I didn't myself went to Home Affairs and reported this. As my employer assured me to take care of this.

Now my last date is 14th June (90 days) from date I entered. And my employer says unless my application is not cleared I cannot work but can stay here. But not going to work is not acceptable. Do you think this is correct information? And what can be the way to tell Home Affairs whether I can work unless I get my status clear ? Also since QWP is discontinued. . Can I still apply on my own since I still have 12 days In hand..

Please suggest. 

Thank you. 



Magijani said:


> Quota Work Permits were issued for 5 years and the requirement was to report/confirm employment every 12months. You say you recieved you QWP in Dec'13?
> 
> 1. What is the expiry date on the QWP
> 2. Did you Report to Home Affairs, after receiving your work contract to confirm employment? You had to do this within 90 days of securing employment?
> ...


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## LegalMan (Dec 26, 2012)

Something is strange here and to comment properly I would need to actually see a copy of your visa. It doesn't sounds like a Quota Work Permit at all. They are always 5 years, why is your company extending it? Something is wrong here.


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## ameenmca (May 1, 2013)

Hi Legal Man.

Thank you so much for the reply. I am attaching my visa copy with some fields marked out for security reasons.

After you see my this following are my queries.

You can see that it is written that after I secure an employment I need to visit home affairs and report it. Which I never did as my company told that they will do that on my behalf.

I got a reply from the immigration lawyer (after I demanded the reference no. of the submission) is this _*"Your application has not yet been captured, we are going forward again to check on the reference number and will revert back"*_

Now my question is:

I have a time of 12 days for the last date. That is, 90th day after I entered South Africa. Can I now, go to Home Affairs along with my employment letter and other documents and say that I have secured employment and I need to extend my permit ? As I came to know that QWP has been stopped .. but I entered the country much before and can I now go ahead with this procedure which I was suppose to do instead of my employer? 

I am still not able to understand why my employer wants me to stop working even though they applied on my behalf.

And the last important question: Since they have applied on my behalf, can I now go and apply on my own with the information of the former application quoted above.


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## Magijani (Apr 29, 2014)

Enter on or Before Year should not be 2014. It should be 2018. Unless if they have changed the rules. Please get your Reference number and follow up with call centre, am sure they can also check using your passport number, if you don't have the reference. Their number is 0800601190. They will be able to check on the system and tell you what is happening to your application.


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## LegalMan (Dec 26, 2012)

This is very strange, it usually says in the conditions that it is valid for 36 months. Every Quota Work Permit issued needs to show proof of an offer of employment within 90 days. You will need to show the offer of employment to Home Affairs and then they must stamp your permit and write: employment confirmed - valid till [date].

Something is also strange with your employer, as you say. Which immigration "Partners" are they using? Do they employ lawyers?


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## ameenmca (May 1, 2013)

Hello Legal Man/Magijani.

I went to the Home Affairs office and they say that they are no longer accepting Quota Work Permit Extensions. I need to directly go to VFS Rivonia Office. My last day stamped in my passport is 14th June and VFS is operational from 18th June. Can I continue working in SA until my application is finalised ? I got an acknowledgement stating that I cannot perform work activities unless my application is finalised. Is this true in case of my QWP ?


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## LegalMan (Dec 26, 2012)

> I went to the Home Affairs office and they say that they are no longer accepting Quota Work Permit Extensions.


There is no longer a Quota Work Permit, but rather a Critical Skills Work Visa now.



> I need to directly go to VFS Rivonia Office.


All applications are now done at VFS offices an not at Home Affairs any longer.



> My last day stamped in my passport is 14th June and VFS is operational from 18th June. Can I continue working in SA until my application is finalised ? I got an acknowledgement stating that I cannot perform work activities unless my application is finalised. Is this true in case of my QWP ?


Usually I would have said yes, you can continue to work. However, this acknowledgement seems to be pretty clear in what it says, especially if Home Affairs issued it.


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## ameenmca (May 1, 2013)

Hi Legal Man.

Thank you so much for the reply. I am not able to get hold of your last sentence. Did you mean I can work ? Or I should oblige what is written in the Acknowledgement ? Would there be any legal problems if I continue working ?



LegalMan said:


> There is no longer a Quota Work Permit, but rather a Critical Skills Work Visa now.
> 
> 
> All applications are now done at VFS offices an not at Home Affairs any longer.
> ...


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## LegalMan (Dec 26, 2012)

If Home Affairs has issued you a specific document, you'd better adhere to it. I'd seek the professional advice of an immigration lawyer or professional.


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## ameenmca (May 1, 2013)

Hello Legal Man.

Do you have any updates/answers on this ? I am really worried about this. Would really appreciate if you can guide me on this ?



LegalMan said:


> If Home Affairs has issued you a specific document, you'd better adhere to it. I'd seek the professional advice of an immigration lawyer or professional.


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## Skilled (May 10, 2011)

If I were you I would apply for a Critical Skill Visa immediately.

You have a expiring Quota Work Permit and therefore you must have all the requirement for the new VISA. Just check if you profession is on the list and go for it without delay because there are only 35 000 jobs i.e. at most 35 000 permits to be issued. you don't want to miss under your profession.

You will certainly get it because you have an old Quota Work Permit. By waiting to sort out this QWP issue you are delaying yourself and fighting a losing battle because they wont issue a new one because they are no-longer there.

The quicker the better. I would go to Akasia Pretoria if I were you and residing in Gauteng.


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## LegalMan (Dec 26, 2012)

ameenmca said:


> Hello Legal Man.
> 
> Do you have any updates/answers on this ? I am really worried about this. Would really appreciate if you can guide me on this ?


No, that was my answer.

@Skilled is right that you should find out very quickly what is up and then probably apply for a Critical Skills Work Visa (not permit). Your having a QWP does not mean you'll simply get it though.


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