# Help with Critical skill Rejection



## saperptrain (Apr 21, 2019)

Good Day Guys,

Please i need an advice or suggestion, I apply for Critical Skill Permit with all required documents. It was rejected base on employer didn't comply with provision of section 33(1) of companies act 71 of 2008. 

I apply for an appeal and i latter get a call from an Adjudicator who ask for the Company CIPC Annual Returns to be send to her email, I send this to her and she could see that am part of the director of the company.

She rejected the first appeal base on "my decision is based on the fact that a critical skill work visa cannot be granted to the owner of the business, you need to apply for an appropriate visa to conduct own business. You therefore do not qualify for temporary resident visa in terms of section 19(4) of the immigration Act 2002(Act No 13 2002) as a amended."

Your application for the temporary Resident is rejected. Kindly be informed that you may within 10 working days of receipt of the decision, submit an application in terms of section 8(6) for the review or appeal of this decision. Should you fail to make an application of the review or appeal, the decision will remain. 

I need your advice please, as this could be my last chance of appeal and my current critical skill expired in September during all this process of applying and appealing.

have decided to be remove as one of the director of the company immediately, and i need suggestion and advice how i go about the appeal and the application can be granted.

Thanks in advance


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## fedup_ (Jun 29, 2015)

Did you succeed? How long did it take..


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## PARA22 (Dec 4, 2019)

Did you have a look at the sections quoted by the adjudicating officer.

The fact that you have opted to be removed from the directors of the company - in my opinion that would work well for you if you would re-apply again.

In an appeal - you need to appeal based upon a condition that existed when you first originally applied. Changing directorship is an after even that did not exist at the time you submitted the application. 

A fresh application in this instance is the best option but considering time it might be not on your side.

Secondly you may want to probit the fact that a director is also considered an employee of the company hence the need to pay UIF for company directors...but before you angle your appeal this way check what section 19(4) of the Immigration Act says...I am not sure about that. The companies Act states that a director is also an employee togther with UIF Act says so. There are decided cases on this matter. You can check online and quote them.


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## saperptrain (Apr 21, 2019)

Thank you for your advice and response.

I resigned as a director and appeal but they rejected the appeal still stating the same reason that am a director which am not, The permit expired while waiting for the outcome an thinking of the alternative way to get a new critical skill permit now. 

i use the company act in my appeal but i think the adjudicator just stick to the last rejection comment.




PARA22 said:


> Did you have a look at the sections quoted by the adjudicating officer.
> 
> The fact that you have opted to be removed from the directors of the company - in my opinion that would work well for you if you would re-apply again.
> 
> ...


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## saperptrain (Apr 21, 2019)

Yes, But still get rejected. 



fedup_ said:


> Did you succeed? How long did it take..


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## PARA22 (Dec 4, 2019)

saperptrain said:


> Thank you for your advice and response.
> 
> I resigned as a director and appeal but they rejected the appeal still stating the same reason that am a director which am not, The permit expired while waiting for the outcome an thinking of the alternative way to get a new critical skill permit now.
> 
> i use the company act in my appeal but i think the adjudicator just stick to the last rejection comment.


*How long did your appeal take for you to receive the outcome*


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## saperptrain (Apr 21, 2019)

2weeks



PARA22 said:


> *How long did your appeal take for you to receive the outcome*


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