# Rejection and Appeals: What to do when your application has been rejected.



## Tony556

*Rejection and Appeals: What to do when your application has been rejected.*

It has been almost a year since the new Immigration laws were introduce by the Minister of Home Affairs, and while there were several grumbles about whether or not he laws were fair and constitutional it appears that the laws are here to stay. As with any change there comes with it a lot of miscommunication and an increase in the number of failed applications. It appears that there has been a sharp increase in the number of visa and permit application being rejected and many prospective immigrants are left to wonder how on earth they can navigate this now even more complex immigration system. In this article we will unpack the reasons why some applications get rejected and when and how to do an appeal to have the decision reviewed.
The primary basis of appeals and review in the context of immigration is contained in the Act itself. Section 8 of the immigration act provides the basis on which applicants can appeal to either the Director General or the Minister to review any adverse decision made by the Department. Section 8(1) and 8(2) deal primarily with decisions to refuse entry to a foreigner at a port of entry. These sections are often very contentious and will be dealt with in another piece dealing on what to do when you find yourself refused entry. In this article we a will focus primarily on sections 8(3)-8(7).
Legal Basis of appeals and reviews

Section 8(3) provides that: any decision in terms of this Act, other than a decision contemplated in subsection (1) that materially and adversely affects the rights of any person shall be communicated in the prescribed manner and shall be accompanied by the reasons for that decision

The above section provides that any adverse decision by the Department must be communicated in writing with reasons. For this reasons applicants whose applications have been rejected have a right to be informed and be given written reasons. This section is given expression in the form of a Rejection letter issued by the Department. Upon receiving the rejection letter the applicant has 10 working days (2 weeks) to appeal the decision. The applicant will appeal to either the Director General in terms of S8 (4) or to The Minster in terms of S8 (6) and both the Director General and / or minister have an obligation to consider such appeal and make a decision either to modify or confirm the decision. Sections 8(5) and 8(7) provide that the Director General and Minister respectively shall consider the application and shall either confirm , reverse or modify that decision, meaning that in either case a decision must be forthcoming from the two offices.

The above sections embody the fundamental constitutional right to Fair and Just administrative action contained in s 33of the Constitution. This right places an obligation on State officials, i.e., Home Affair, in performing their functions to conduct themselves in an objective and unbiased manner and to ensure that fair decisions are reached timeously. A decision that does not comply with these principles is one that an applicant can approach either the Director General or Minister to review.

When can a Decision be appealed?
In appeal is not a second chance to submit documents not submitted in the first application. It is not enough to simply supplement the documents submitted but there must be a ground to review the decision of the adjudicator based on the documents already present. In appealing the decision the applicant is saying to the Director General or Minister that “based on the documents I submitted in my original application this decision is wrong and must be reversed” 

A decision that is biased, arbitrary, and capricious in nature can be appealed. 
*Bias*: A decision is considered biased when it is influenced by a predisposition of the adjudicator. In this case the adjudicated forms an opinion based on factors outside the facts presented before him/her in the application. A common occurrence is found in the adjudication of work visa and spouse visa application where reference to high unemployment levels and prevalence of marriages of convenience are made. Such comments indicate that the adjudicator did no approach the application objectively as such the applicant has a right to appeal the decision.

*Arbitrary:* A decision is considered arbitrary when it has no legal basis and random. For instance where an application for a Spouse Visa with a work endorsement is rejected on the basis that the applicant did not provide a Labour Certificate. In this instant the Labour certificate is not a requirement for a Spouse Visa- Work Endorsement and therefore the decision is arbitrary because it has no legal basis. Many rejections are arbitrary and can be successfully appealed.

*Capricious:* quite similar to an arbitrary decision and often an arbitrary decision is also capricious but no always. A decision is capricious when it does not follow the law or logic and often whimsical in nature. For example, applicant A applies for a visa without providing proper authentication, a trend has developed and not application is ever denied on that basis. Applicant B applies without proper authentication and is rejected on that basis, while the decision may be correct it may be considered capricious due the sudden unexplained change.

*How to appeal an adverse decision successfully?*

Once it has been established that an adverse decision can be appealed an applicant can then prepare an appeal to that effect. It is important to put your case with as much detail as possible and attach all relevant documentation. 
It is also important to know what the law says about the requirements of that particular visa or permit. 
The appeal must highlight any or all of the points that make the decision either arbitrary, biased and or capricious.
Appeals can be quite technical and where possible it is advisable to seek the aid of a professional to assist you.

*Final remarks.*
The most important thing to remember about appealing an adverse decision is that it is not a second bite of the cherry but rather a chance to correct a wrong decision. If you are certain that the decision is wrong then a well thought out and prepared appeal will have an adverse decision reversed. It is unclear how long should the Director General or Minister Take to consider an appeal but generally and in our opinion it should not take more than the time it take to consider an application. Reviewing a decision already made does not require the consideration of the entire application afresh but the points that are being challenged in the appeal. Legislation and the courts are yet to make pronouncements on how long is a reasonable period to wait for an appeal before the delay is considered unreasonable. Where such a delay occurs applicants will have recourse to the High Court as excessive delays are reviewable by the court. 

Immigration Specialists South Africa
[email protected]


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## oceanracer

Hi Tony556,
I was told by my lawyer that when you renew a Visitor visa >30 days (TRP under section 11(6) in my case), if the original TRP was submitted overseas (2 years ago in my case), DHA treats your renewal application as a new one, not a renewal, and therefore you have to resubmit all the original documents which have to be current (e.g. all relevant foreign police clearance certificates have to be < 6 months). I dissected the Immigration regulations of 2014 and could not find any mention of that rule re. renewal: the way i read the regulations (and everyone else I ask including a friend who is an advocate in SA), you only need a SA police clearance certificate. Also, on their website VFS Global links to a "draft version" of the immigration regulations which is slightly different from the final one that can be found on the DHA website, as a consequence, people might get confused (including VFS staff themselves) since the rules re. via renewal are slightly different between both versions. I notified VFS about this issue 2 months ago but no change has been made on their website. would you know the actual rules for RENEWAL of visitor visa >30 days under section 11(6) when submitting from South AFrica while the original visa application was successfully submitted from a SA high commission overseas 2 years prior? Is there any clear section in the immigration regulations of 2014 pertaining to the renewal of a visitor permit >30 days treated as a new application by DHA ? I could not find any reference to any such rule but then again I am not a lawyer.
Thanks for your help


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## Tony556

Hi Oceanracer.

It is true that when you apply for a Visa abroad the Local home Office will not have a copy of the documents you submitted. everything remains with the embassy,. However that is not the reason why you have to submit all the documents afresh

The rules regarding the renewal of any visa are governed by the Act, so i would not rely on any information provided for other than what is in the Act. For instance the information on VFS website on the renewal of the 11(6) is very misleading and incomplete and i have had many clients fall victims to this.

Now on the renewal of your 11(6), remember that your primary right is to reside with your SAC Spouse. so you need to prove that you are still in a good faith life partnership and share financial responsibilities, etc. So this means you have to comply with all the requirements of Reg 3 all over again. Then you include either your work endorsement or Business which ever the case may be.

On the subject of the police clearance certificate from your home country, the rule is that if you have not been to your country since your last police clearance certificate you do not have to provide a new one but simply declare that you have not returned since the last time. This ofcourse begs the question how long a stay is considered one sufficient for a new police clearance? its unclear but then again unless you tell the department you have been to your country they have no way of verifying this information.

i hope i have answered your question


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## Tony556

Hi Oceanracer.

It is true that when you apply for a Visa abroad the Local home Office will not have a copy of the documents you submitted. everything remains with the embassy,. However that is not the reason why you have to submit all the documents afresh

The rules regarding the renewal of any visa are governed by the Act, so i would not rely on any information provided for other than what is in the Act. For instance the information on VFS website on the renewal of the 11(6) is very misleading and incomplete and i have had many clients fall victims to this.

Now on the renewal of your 11(6), remember that your primary right is to reside with your SAC Spouse. so you need to prove that you are still in a good faith life partnership and share financial responsibilities, etc. So this means you have to comply with all the requirements of Reg 3 all over again. Then you include either your work endorsement or Business which ever the case may be.

On the subject of the police clearance certificate from your home country, the rule is that if you have not been to your country since your last police clearance certificate you do not have to provide a new one but simply declare that you have not returned since the last time. This ofcourse begs the question how long a stay is considered one sufficient for a new police clearance? its unclear but then again unless you tell the department you have been to your country they have no way of verifying this information.

i hope i have answered your question


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## oceanracer

Hi Tony556,
Thanks for the feedback. When I submitted my renewal application, VFS Global (through their online system) actually insisted I had to re-submit ALL four (4) police clearances certificates (those are from all the countries I lived in since I turned 18 including the USA). As a consequence, I did not anticipate I needed those again but since I was also about to submit an application for a PRP I had already apply yet again for all my PCC, FBI, French, NZ and of course SA. This took some time and some PCC got stuck in JYB thanks to the postal workers illegal strike. I received my NZ PCC in Nov despite the fact it left NZ in July. Needless to say I could not wait any longer for all my PCC to expire one by one so in October I submitted my renewal application w/ what i had at the time (all PCC were good except the old NZ PCC I had was 7 month old). they rejected my application on the ground of PCC older that 6 months. After that I checked the Immigration regulations of 2014 which clearly state that I only needed the SA PCC (and I have not been in any of the 3 other countries since I moved to SA). Now I am still waiting for the result of my appeal which I believe should not have been in the first place. 
I understand that the documents required for a renewal are as below (according to the regulation document available at the dha website dha.gov.za/images/final_Immigration_Regulations_2014_1.pdf):

“In respect of the renewal of a visitor’s visa for a period exceeding three months:
_1.	Valid passport which expires in no less than 30 days after expiry of the intended date of departure from the Republic
2	A medical report.
3	A radiological report.
4	Proof of a valid air flight ticket or proof of reservation thereof (or sufficient financial means to purchase such ticket or to facilitate the return of the applicant)..
5	Proof of sufficient financial means.
6	A South African Police Clearance certificate where the applicant has been resident in the Republic for 12 months and longer_

This list indicates that only information and or circumstances that may have changed since the original application are needed for processing by the Department. Therefore police clearance certificates from foreign countries are not necessary. The last sentence of the regulation 1(c) is clear as it states that “Provided that the certificate shall not be required from a foreign country in the case of renewal or extension of a visa but from the Republic;”. 
It would, quite logically, appear that foreign police clearance certificates are not required for an extension or TRP and DHA’s rejection letter was unsubstantiated.


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## Tony556

Hi Oceanracer

Your are quite right about the incorrect decision and i think this is typical example of an arbitrary decision by the Department, which will undoubtedly be successful on appeal unless they are smoking something else in Pretoria.

In terms of how long you will have to wait for that outcome your guess is as good as mine.

We will be publishing an article on what your options are when faced with an excessive delay in the coming days hopefully that will be of some value to you.

On The PRP you have to submit all PCC once more , the requirements on that application are very strict. so do not take any chances there


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## oceanracer

Thanks a lot for the info Tony556,
I thought I was correct in my evaluation of the situation, however my lawyer thought otherwise and insisted that the DHA's rejection decision had merit and I had to re-submit all 4 PCC <6 months in the first place as required by VFS with my renewal.
I was getting nervous about my appeal not going through since, according to the lawyer, my argument was flaw. I did put my new NZ PCC with my appeal anyway to prove my good faith. I am not worry about what they might smoke in Pretoria, I just wonder if they know any of the regulations or can even read! In the mean time, we are paying for their mistakes (incompetence) in time, lost business opportunities (in my case since I cannot leave the country until it is sorted) and lawyers' fees.
Thanks again for your comments and looking forward to your next posting on "options when faced with an excessive delay". cheers


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## Moto80

Hi Tony,

Thank you so much for your post. 

I am a bit confused regarding a few points.

You say that an appeal is not a time to submit more documents correct? But merely for DHA to reconsider what was submitted in the first place.

My TRP was rejected because of a missing SA police clearance and I was advised to obtain one (8weeks!!!) and then appeal including the police clearance. Was that not the correct way?

There are communications online from DHA where students who had visa rejected because of missing police clearances are told to appeal including the police clearance?

Am I missing something here?

Thanks a million


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## Tony556

Hi Moto80.

The primary basis of Appeal and review proceedings is a Judicial process of Review. This process has been given expression through another Act known as the Promotion of Administration of Justice Act(PAJA). So on appeal you are saying to the person being asked to review the matter, that the first decision is incorrect because there is a defect in the decision make process. either the decision maker , was biased, or did not apply his or her mind to the matter properly or the decision is Arbitrary. 

in practice however people use the appeal as an opportunity to cure a defect in the original application. And many have been fortunate not to be penalised for this. There is nothing stopping the DG or Minster from saying the decision to reject is correct and still stands. There may come a day when your appeal falls on to the desk of a well trained and legally astute mind who will be able to apply the principles correctly and in that instance the rejection will be final.

Im does that clarify your question? see the definitions below 

Appeal -Timely resort by an unsuccessful party in a lawsuit or administrative proceeding to an appropriate superior court empowered to review a final decision on the ground that it was based upon an erroneous application of law. - legal dictionary

Review- To reexamine judicially or administratively; a judicial reconsideration for purposes of correction, for example, the examination of a case by an appellate court.


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## Moto80

Thank you

I can see what you mean but I am hopeful that my appeal will go through especially based on the letter from DHA encouraging students to appeal due to missing Police Clearances.

Also VFS and DHA both told me to follow the appeals procedure and add the extra document.

VFS should never have allowed my first application go through the quality control procedure without a SA PC. I know that now

Regards


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## hopwon

Hi
I have just found out my PRP application based on having a SAC child < 2 years old will probably be rejected due to my baby not being able to support me (I am a UK citizen). 
***What can I do to prepare to appeal, I want to submit an appeal as soon as the rejection comes though.
I have lived in SA on work permits for 10+ years now, my wife is a SA citizen also so I think I have good ground for appeal.


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## Tony556

hopwon said:


> Hi
> I have just found out my PRP application based on having a SAC child < 2 years old will probably be rejected due to my baby not being able to support me (I am a UK citizen).
> ***What can I do to prepare to appeal, I want to submit an appeal as soon as the rejection comes though.
> I have lived in SA on work permits for 10+ years now, my wife is a SA citizen also so I think I have good ground for appeal.


Hi Hopwon

When did you apply for the PRP? if you applied after the 26th of May 2014 then unfortunately the decision will be correct. The Law is clear on that point and after some extensive deliberations with some colleagues and DHA officials, it is not a mistake and neither is it unconstitutional. Perhaps the solution in your case would be to resubmit on another ground, perhaps a Spouse ground, we would have to look at it closely. 

I have devised a clever way around the financial assurance bit which will definitely blow the Departments mind but for Intellectual Property protection reasons will not share this on an open platform, but a solution does exists


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## hopwon

Tony556 said:


> Hi Hopwon
> 
> When did you apply for the PRP? if you applied after the 26th of May 2014 then unfortunately the decision will be correct. The Law is clear on that point and after some extensive deliberations with some colleagues and DHA officials, it is not a mistake and neither is it unconstitutional. Perhaps the solution in your case would be to resubmit on another ground, perhaps a Spouse ground, we would have to look at it closely.
> 
> I have devised a clever way around the financial assurance bit which will definitely blow the Departments mind but for Intellectual Property protection reasons will not share this on an open platform, but a solution does exists


Hi Tony556
It was after May last year (July actually) I am furious with my current immigration consultant, even after querying him about this issue this week, he did not know about the DHA rejecting applications.

So can I appeal on the fact my son cannot support himself and if I am unable to remain in the country then he will have to go to an orphanage?!

My immediate issue now is that my current work permit will expire before I can get to VFS (first available appointment is in May) to lodge an application for an extension on my current permit.


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## Tony556

Hi Hopwon

I am afraid that appealing the rejection will be a futile attempt as the law make that point clear. The SA Citizen/ PR Holder must be able to provide financial assurance to support the foreign applicant. 

When will your work permit expire? If it is just the submission you need assistance with i can possibly help you, if you are in Cape Town that is, I can bring you in on one the submissions we are doing this week and next week.


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## hopwon

Hi Tony. Can you pm me your contact details please?


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## LegalMan

Hi hopwon, 

What work visa are you on?,One must be careful before paying someone to assist you in your application, as it appears your visa is due to expire this month? If it is a General work visa, you would need to go through the Department of Labour before submitting your extension application.


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## ernal

VFS have very less trained staffs


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## oceanracer

*Appeal Successful*

Hi Tony556
FYi, I received the result of my appeal last week which was positive. I have finally been able to renew my TRP for another 2 years.
I was going nowhere w/ DHA so I decided to get everyone involved I could think of . 
I thought the following approach might be of interest to others in the same situation:
1. I hired an immigration consultant looking into the status of my application through one of his contact at DHA (not too expensive. ~ R700). 
2. I contacted the DA (Democratic Alliance) office asking them for some help. They have a shadow minister of HA, etc.. they escalated my appeal for me w/ DG-DHA . contact DA's Tanya Samuels at [email protected]
3. I contacted the personal assistant of the Minister of HA directly who forwarded my request (cced to me) directly 2 two DHA staff. contact the Minister's Administrative Secretary, Nobuhle Mazibuko, at [email protected]
4. Through a friend of mine, my Appeal application was escalated to DHA head office to one of the manager (private contact).

I have no idea which one worked a the end but nevertheless it took only a week by the time I started the process of pulling strings in all directions.
This, of course was 4 months overdue and no excuse from DHA for their arbitrary decision to reject my original application in the first place.

I hope this will be of some use to some


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## Moto80

Well done congratulations!!!

When did you original lodge the appeal?

Also I don't know if you are allowed but can I have the name of the immigration consultant?

I am beyond desperate to finalize my visa...

All the best


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## oceanracer

Hi Moto80,
I applied for my visa renewal (TRR) last October, received rejection letter at the end of November (only found out in January when my Visa expired). submitted my appeal in mid January (3 months ago).
Not sure about giving you the name of my immigration consultant since he is based in CPT. No idea if he was instrumental in speeding up the process. I hired him back in January but it seems to have taken him sometime to get things sorted unless the resolution of my appeal came from my other leads. I would strongly suggest you try first the DA and HA Ministry routes.

Good luck


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## Moto80

Hi Oceanracer

Thank you very much for your reply. I have already been in contact with Nobuhle Mazibuko and she forwarded my enquiry to 2 other staff members in the appeals department. Reginah Menoe, Sebolelo Molapo. Is this the same people your query was forwarded to?

Again thank you for all your info and I am so happy to hear that at least it is possible to get a reply from DHA

All the best


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## oceanracer

Hi Moto80,
Yes those were the same 2 persons.. I hope this will work for you..
Good luck!
Cheers


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## Sarah Horspool

I have already been in contact with Sebolelo Molapo in March and after replying to a few emails I heard nothing else. The immigration consulatant that I was using had emailed Reginah Menoe and that didnt seem to go anywhere but I have emailed again and hopefully this helps. I have been waiting 5 months for my appeal and I need to get back to the UK.


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## Moto80

Hi 

I have just tracked my appeal application on VFS website (lodged 27/01-2015) and THANK GOD a decision has been made and I can pick up the outcome in 5 working days at my local VFS facility centre. Now I am just hoping that it is good news!!! I think I might have a nervous breakdown if it is another rejection :-(


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## wackz

Moto80 said:


> Hi
> 
> I have just tracked my appeal application on VFS website (lodged 27/01-2015) and THANK GOD a decision has been made and I can pick up the outcome in 5 working days at my local VFS facility centre. Now I am just hoping that it is good news!!! I think I might have a nervous breakdown if it is another rejection :-(


That's really good news! I am sure it will be positive! Good to hear that there is actually some progress!

Have you undertaken any further steps besides sending a email to Nobuhle Mazibuko who then forwards the mail to two other people? (As I have done the same and she forwarded my mail...) Have you heard back from them via email? Or just checked your status? When did Nobuhle Mazibuko forward your mail?


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## Moto80

Hi Wackz

I emailed NM on the 18t/03-2015 asking for assistance.. She then forwarded it on to the 2 other people 23/03-2015. I have not heard anything back from any of them but I have been really annoying emailing every single day (all 3 of them) asking for an update. They might have gotten tired of me... Did you scan and forward your whole application?


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## wackz

Moto80 said:


> Hi Wackz
> 
> I emailed NM on the 18t/03-2015 asking for assistance.. She then forwarded it on to the 2 other people 23/03-2015. I have not heard anything back from any of them but I have been really annoying emailing every single day (all 3 of them) asking for an update. They might have gotten tired of me... Did you scan and forward your whole application?



Ok good to know

Yes, I emailed her everything.


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## wackz

Hi Moto, 
did you collect your Visa yet? What was the outcome?
Cheers


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## Moto80

Hello

Picked up my appeal decision this morning and my TRP renewal was granted for another 2 years. 13 weeks since I lodged my appeal. All the best to everybody


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## mcravox

Moto80 said:


> Hi Wackz
> 
> I emailed NM on the 18t/03-2015 asking for assistance.. She then forwarded it on to the 2 other people 23/03-2015. I have not heard anything back from any of them but I have been really annoying emailing every single day (all 3 of them) asking for an update. They might have gotten tired of me... Did you scan and forward your whole application?


Hi Moto, Did you ever get a response from your constant barrage of emails? I am currently trying this process out myself. I initially got a response very quickly from Nobuhle but nothing since which was a few weeks ago. I have been mailing all three every other day.


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## Moto80

Hi

No I never got any reply at all but I just kept on sending emails every single day... I also attached my full scanned application so they might have gotten annoyed of the daily large attachment and thought let's get this crazy lady off our backs!


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## mcravox

Moto80 said:


> Hi
> 
> No I never got any reply at all but I just kept on sending emails every single day... I also attached my full scanned application so they might have gotten annoyed of the daily large attachment and thought let's get this crazy lady off our backs!


Yep. Agreed. Just hoping it isn't seen as a negative and they suddenly get angry that I bother them all the time. My application/renewal was only knocked back due to the dreaded missing Police Cert thanks to the useless folk at SAPO. I rang Home Affairs who told me to sign an affidavit at the police station where I applied saying I was still waiting and all should be fine. Did what they said, put in my app with VFS and yep...rejected. 

So....just building a paper trail now to have some ammo should I have face my day in court with these people....


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## Moto80

Hey

My rejection was also due to a missing police clearance. I was told by a immigration consultant that the more 'noise' you make the better! Phone calls, emails etc... Another tip and I used it was to log a complaint on Hello Peter... That is with VFS but they can't and will not ignore a review on there and you will get a phone call and emails from them. They will then query with DHA where your appeal is at. They can't speed up the process but again a way of making a bit of 'noise' and letting DHA know that you are desperately waiting. Hope this helps just a tiny bit. Good luck


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## mcravox

Moto80 said:


> Hey
> 
> My rejection was also due to a missing police clearance. I was told by a immigration consultant that the more 'noise' you make the better! Phone calls, emails etc... Another tip and I used it was to log a complaint on Hello Peter... That is with VFS but they can't and will not ignore a review on there and you will get a phone call and emails from them. They will then query with DHA where your appeal is at. They can't speed up the process but again a way of making a bit of 'noise' and letting DHA know that you are desperately waiting. Hope this helps just a tiny bit. Good luck


You mean something like this?? 

Vfs Global | Complaint | Misinformation and playing the blame game - 33


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## sharder

Thank you all for informative post and a glimmer of hope.

Given the cost of the VFS appeal is the same as the cost of original submission is simply lodging a new application just as effective as appealing OR do they take the rejection into account? 

As my previous TRP has expired, is it possible to get a letter to prove that I am legally here while waiting for a response or a letter that allows me to leave and re-enter South Africa without being marked as 'undesirable'?

I have just had a TRP renewal rejected based on missing Police clearance, proof of funds and medical. I also got the wrong information from the VFS website and people in their office.

Just to make things difficult I am in East London so need to use Port Elizabeth office (3+ hours each way) and my first reply had somebody else's reply in my envelope. Wasted trip!

That was not VFS's fault but given all the issues with their booking system and complete lack of knowledge or care I long for the good old days dealing direct with the DHA.


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## clopman

*Quota permit validity*

The Compliance letter from the Department of Home Affairs and the information currently on the Department of Home Affairs - Scarce Skills & Work Permit Quotas indicate that, “The quota work permit remains valid for as long as the permit holder is employed within the area of expertise and permit holders are required to report to the Department of Home Affairs on an annual basis in order to confirm that they continue to be employed in their designated professions.” 

My original permit says enter before or on 25-03-2015, so my question is, is it true that my permit has expired regardless of the information on compliance letter and website


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## LegalMan

clopman said:


> The Compliance letter from the Department of Home Affairs and the information currently on the Department of Home Affairs - Scarce Skills & Work Permit Quotas indicate that, “The quota work permit remains valid for as long as the permit holder is employed within the area of expertise and permit holders are required to report to the Department of Home Affairs on an annual basis in order to confirm that they continue to be employed in their designated professions.”
> 
> My original permit says enter before or on 25-03-2015, so my question is, is it true that my permit has expired regardless of the information on compliance letter and website


Hi Clopman, 

The Department of Home Affairs unfortunately hasn't updated their website and a quota permit no longer exists, it is called a critical skills work visa now. However the same rules apply and one does need to report on a yearly basis that they are employed within the critical skill category. 

The mystery now lies in whether Home Affairs is willing to accept these proofs of employment, as VFS certainly don't.


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## fellowzimbo

I have been in South Africa for less than 12months on a 1 year critical skills Visa. I have now managed to get a job offer which i would want to submit along with other documentation asap. Do i need a police clearance from south africa since i have not been here for 12 months or more. the requirement according to vfs is stated as below.

Police clearance certificate issued by the police or security authority in each country where the relevant applicant resided for 12 months or longer after attaining the age of 18 years, in respect of criminal records or the character of that applicant, which certificate shall not be older than six months at the time of its submission: (provided that the certificate shall not be required from a foreign country in the case of renewal or extension of a visa within the republic).


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## okanime

*PRP appeal*

Tony 556,
Thanks for taking the time to explain at length the appeal process. I applied for Permanent Residence in 2012 before the new act under the Business Permit category. At the time of my application my lawyers advised that I met the criteria that waivers the 2.5 Million Rand investment since I run a tech company. Nevertheless, my application was reject for this very same reason. I have now appealed this through VFS as I believe the decision is capricious as you put it. My question is can the DHA implement the act in retrospect? Is it even legal to do so? What are my chances?


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## ammara

hello. hope everyone well.
i applied in january 2011 for my prp and received the outcome today which is my application is rejected on the base of sec 27 (g) that i applied through the minor my child. i am married to south african for over 7 years and got 3 kids here.
Can anyone tell my what ground must i use i n my appeal and what papers must i submitt. Any help and guidance will be appreciated.


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## stanleyben

*i want to appeal*

hi 
please i need your help on this issue, i actually applied for visitors visa to SA and was denied. this is after all the security check and scrutiny, from the vfs in Abuja Nigeria that cleared my application as complete, to the south Africa high commission who even called and granted me an interview (first time am hearing that) and also said everything was OK. 
all documents and letters came direct from south african organization and the person representing them.

few days later i get an sms saying my passport was ready only to receive it and got denied reasons been "information is not convincing".

i am furious and need to appeal as i am due for business meetings over there.

please contact me at my email stanleyikx at yahoo dot com


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## Bee10

Thank you for this information ! Has anyone else that you know of been advised to appeal via e-mail to DHA pretoria in their rejection letter, where nothing is mentioned about physically handing in the appeal at the embassy - I applied in Zimbabwe.


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## Wankil

Hello Tony ,
Please tell me if this reason of denial is arbitrary or not, for me it just does not tell anything:
*Your submission does not meet the requirements as stipulated as prescribed in the Government Gazette N 37716.*
But i have all paper required even the confirmation of skill from the professional board.

Thanks


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## dave_c

Hi ****il

Have you checked that your profession falls into the categories as stipulated in that Government Gazette? Read from page 12.
http://www.vfsglobal.com/dha/southafrica/pdf/Critical_Skills_Visa_090614.pdf


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## I_SINGH

*Critical skills visa rejected*

Good Day,

my critical skills visa was rejected commenting that my designation is senior executive and it does not equate to corporate general manager.
senior executive is mentioned in my current corporate visa and i have submitted fresh contract of employment which says my designation as corporate general manager with all relevant qualification and expereince. 
even the professinoal body has recognised me as corporate general manager which also submitted while making application.
i am surprised and shocked the way DHA has given the adjudication based on title mentioned on my current visa and not based on all supporting documents provided which are duly provided as per check list of DHA.
although title is senior executive i have provided sufficient proof that my profile is that of CGM who directly reports to managing Director.
can any one advise how should I appeal to this? and can my appeal make a difference to review?


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## LegalMan

I_SINGH said:


> Good Day,
> 
> my critical skills visa was rejected commenting that my designation is senior executive and it does not equate to corporate general manager.
> senior executive is mentioned in my current corporate visa and i have submitted fresh contract of employment which says my designation as corporate general manager with all relevant qualification and expereince.
> even the professinoal body has recognised me as corporate general manager which also submitted while making application.
> i am surprised and shocked the way DHA has given the adjudication based on title mentioned on my current visa and not based on all supporting documents provided which are duly provided as per check list of DHA.
> although title is senior executive i have provided sufficient proof that my profile is that of CGM who directly reports to managing Director.
> can any one advise how should I appeal to this? and can my appeal make a difference to review?


Please do not replicate and duplicate the same message across multiple threads.

Find my answer here: http://www.expatforum.com/expats/so...skills-visa-rejected-reasons.html#post9658530


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## Oprah

i need help i have applied for a permit now for a year now but i have not got any respond from Vfs or Home affairs can any body help me with email or number where i can at least talk to some one to get update on my application. am dying here.


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## LegalMan

****il said:


> Hello Tony ,
> Please tell me if this reason of denial is arbitrary or not, for me it just does not tell anything:
> *Your submission does not meet the requirements as stipulated as prescribed in the Government Gazette N 37716.*
> But i have all paper required even the confirmation of skill from the professional board.
> 
> Thanks


Back to this message, please check it out on: https://www.greengazette.co.za/. Search using the gazette number: 37716.


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## omoafrica

hello, 
recently received a rejection letter from the DHA for my PR appliaction under section 27(b). Am a Pharmacist by profession currently working in the KZN province. simply put, the reason for their refusal was due to the submission of an outdated supporting document (was expired by 4 days only).

I applied in September 2015 and got the rejection letter in April 2016. To Gods be the glory, I was able to obtain the said document within the 10 working days as stipulated for a review of the adverse decision. I submitted my appeal for PR on the 28th 0f April at the Durban VFS office.

Unbeknowst to me, I was supposed to also submit copies of all the supporting documents for the rejected application. so now I want to know if its really necessary to submit all supporting documents because I know the DHA has adjudicated them already. 

Tony566 mentioned in his article that " reviewing a decision already made does NOT require the consideration of the entire application afresh BUT FOCUS should be on the points challenged in the appeal". I might add that this means in my instance, it translates to mean I should submit supporting document that was the reason for refusal as the aim is a reversal of the adverse decision. 

I look forward to some insightful input


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## Kickagainstxenophobia

You shd have followed what was requested for in the rejection letter. The rejection letter stated that, should u wish to appeal, submit all copies of ur original application along with the rejection letter. Tony doesn't have a say when it comes to DHA's requirements.


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## ps2208

How much time does the appeal take to process for critical skills visa. is there any way we can follow up with the DHA..


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## ashishmm

Hello oceanracer 

Please advise on rejection for retirement visa .
I applied for retired visa frm mumbai India and submitted my docs of investment But still the visa was rejected on basis of following reason 
“Failure to provide proof of irrevocable retirement annuity Or Net worth of assets”

Pls tell me if this reason of denial is arbitrary or not, for me it just does not make sense ...


I appealed on the basis of my docs submitted since all were in order to meet dha requirement . 
It’s been more then 4 months n stilll no reply ,even after sending mails to each n everyone at dha . 
Please advise If there is any help you can provide coz looks like I’m going no where with dha .

I look forward to some insightful input
.....thks


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## Elie K

Hello members, 

My application for a critical skill visa got rejected in December 2015. After receiving the decision, I appealed. It is more than 2 years now, i have never received an outcome from the Home Affairs. Is there a specific office within the Home Affairs that i can contact in this regards? 

Many thanks for your assistance. 

Kind regards, 
Elie 
0780057452


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## jollem

did u apply through VFS (I dont remember when VFS started). If you did you can go back to the VFS office you applied and they will escalate your query


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## krans

It will take forever for appeals especially applications from India.


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## Carnevar

Hai

I had applied for my PR in 2014, I stayed in South africa from 2007 till 2013 with family, parents were teachers on work permit and I had a study permit. After matric I went back to India for higher studies in Feb 2013.. Visited Sa in 2014 with a relative permit (both parents have PR at this stage) applied for my PR at Vfs.
Any who, last week I received a letter saying my application has been refused since I'm not in possession of a valid visa atm.. But I do have a valid relative permit till December 2018.. I read somewhere that permits received from outside Sa may not be linked to the Local GA since its with the Embassy. Could it be possible they're unaware about my current relative permit since it was renewed after my PR submission 
I would love to receive some feedback since I have to appeal before next week. Any feedback on writing an appeal would really appreciated


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## Makena

I got a permanent job in south Africa as a risk assessor. Initially I was given 1 year when I applied for this critical skill, in the pretext that I will extent my critical skills permit by other 4 years if I get a job . I got a job on the first of May and I submitted everything including the contract that stipulated the permanent basis to the DHA VIA vfS rivonia. I got a rejection that says the applicant cannot be appointed on permanent basis as his status in the country is temporal.
How best can I appeal given such a decision


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## jollem

have never heard of this reason before. I doesnt sound right though. I think you need to appeal


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## aliafzal16

hi there,

Is it possible for you to provide me with the immigration consultant firm that escalated your appeal? And even perhaps your friend? I am really struggling to have any feedback on mine. Thank you in advance.


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## 0613630014

Hello guys. I Appealed against a rejection on my PR application based on CSV in. March 2019. Sent emails to the Director General who instructed the officials for feedback. Yesterday I got a vague email that I can't interpret, can someone with an idea help explain : see below 
Good day 
Kindly be advised that the submission has been drafted for this application for relevant authorities to sign before it gets dispatched to the applicant.


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## Springrain

Hi
I got rejection for my prp application applied under CSV. Can I appeal through VFS or mail to DG with all supporting documents. Suggestions will be helpful thanks


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## mawire

Springrain said:


> Hi
> I got rejection for my prp application applied under CSV. Can I appeal through VFS or mail to DG with all supporting documents. Suggestions will be helpful thanks


You appeal through VFS.


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## Springrain

mawire said:


> Springrain said:
> 
> 
> 
> Hi
> I got rejection for my prp application applied under CSV. Can I appeal through VFS or mail to DG with all supporting documents. Suggestions will be helpful thanks
> 
> 
> 
> You appeal through VFS.
Click to expand...


Hello
Thank you got VFS appointment finally . Do you have any idea how much time it will take for appeal processing. Any help really appreciate.


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## mawire

Springrain said:


> Hello
> Thank you got VFS appointment finally . Do you have any idea how much time it will take for appeal processing. Any help really appreciate.


What appointment is that? You have to walk in before the 10 days expire!!!


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## fedup_

Hey, the same exact outcome has been given to me at VFS rivonia, *the applicant cannot be appointed on permanent basis as his status in the country is temporal.*

What is this really ? Jeez DHA


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## fedup_

Makena said:


> I got a permanent job in south Africa as a risk assessor. Initially I was given 1 year when I applied for this critical skill, in the pretext that I will extent my critical skills permit by other 4 years if I get a job . I got a job on the first of May and I submitted everything including the contract that stipulated the permanent basis to the DHA VIA vfS rivonia. I got a rejection that says the applicant cannot be appointed on permanent basis as his status in the country is temporal.
> How best can I appeal given such a decision


Hey, the same exact outcome has been given to me at VFS rivonia, *the applicant cannot be appointed on permanent basis as his status in the country is temporal.*

What is this really ? Jeez DHA


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## Joseph85

Do a visa applicant from offshore i.e 189 or 190 applicant have the right to appeal a visa decision or refusal.


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