# Exceptional skills = critical skills?



## willcesium (Aug 13, 2015)

Hi everyone, I'm new here. I've been in SA for 2.5 years now on an 'exceptional skills' permit issued under the old immigration act. My job is a permanent one, and I now need to apply to renew, since my current permit expires in January.

What I'm wondering is this: can one of the old 'exceptional skills' work permits be renewed as if it was one of the new 'critical skills' visas that replaces it? 
I've asked VFS and DHA for clarification. DHA referred me to VFS. After 3 emails that didn't answer my question, they eventually said I can apply for a renewal. I forwarded their message to home affairs, and was told that the information they gave me is correct....but I don't know if that means anything, or will be honoured later. So I hope someone on here has some experience dealing with the process.

Has anyone been on an 'exceptional skills' or 'quota work' permit from the old system, and applied for 'renewal of a critical skills visa'? It's a lot less documentation required than applying for a new visa, so I'm hoping it will save me some hassle. But if it gets rejected, then that would be even worse. Specifically, has anyone applied to renew one of the old category permits as the new 'critical skills' and had their application rejected? Some immigration service websites say it can't be done, but since VFS and DHA are telling me it can, I have no idea which is right.

Any help would be much appreciated!


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## LegalMan (Dec 26, 2012)

willcesium said:


> Has anyone been on an 'exceptional skills' or 'quota work' permit from the old system, and applied for 'renewal of a critical skills visa'?
> Any help would be much appreciated!


Hi willcesium, 

You don't simply qualify for critical skills if you have an exceptional skills permit from prior to the rule changes. 
It all depends on what profession you are in and what qualifications you hold. We need to see whether your profession is listed on the critical skills list.


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## willcesium (Aug 13, 2015)

whoops - please disregard this; I double-posted by mistake


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## willcesium (Aug 13, 2015)

Thanks for your reply, LegalMan. I'm an academic with a PhD from overseas. The critical skills list in the gazette lists 'Doctoral Graduates (acquired abroad)' under 'Academics and Researchers', so I imagine I fall into that category.

But that seems like a separate issue, no? My question wasn't whether I qualify for critical skills, but specifically whether an exceptional skills permit from the old rules can be renewed as a critical skills one under the new rules. Does anyone know if it works to apply to renew one of the old permits? I'm really wondering if my application needs to be the 'renew an existing visa' one, or if I need to go to the trouble of collecting the extra materials required for a new visa application.


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## IamT (Aug 4, 2014)

Hi,

I am sure based on the info you have provided that you qualify for the critical skills visa.As a suggestion, why don't you apply for a Permanent Res permit under section 27b instead of the critical skills visa?
The requirements are more or less the same but you may have to prove 5 years working experience in the field you want to apply in.
It will take much longer to come out though (probably over 8 months) than the critical skills visa.


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## Klipspringer (Feb 21, 2015)

willcesium said:


> I'm really wondering if my application needs to be the 'renew an existing visa' one, or if I need to go to the trouble of collecting the extra materials required for a new visa application.


You'll actually have to submit MORE documents for a renewal than for a new application, so that's really a moot point. (All the same documents plus your work contract, letter from your employer, police clearances and completed council registration, which you didn't necessarily need to hand in with the first application, depending on your circumstances).


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## willcesium (Aug 13, 2015)

Thanks for your replies everyone.

I don't have enough time left on my current permit to apply for permanent residence, and I haven't been in SA for 5 years (the first TRP was only for 3 years). And I think the police clearance etc. is required no matter what the application is - but the renewal doesn't seem to want all of the same documents from the original application. Also, there is no SAQA-approved council/society for my field (linguistics), and I am hoping that applying as a renewal will mean they would accept my current permit as proof that I'm in the 'skills' category.

But anyway, can I re-pose my original question: has anyone tried to apply for a "renewal" of one of the old 'exceptional skills' or 'quota' work permits since the new rules in 2014? 
My main concern is that the first person to see it will reject it without a second glance - even though I can show that home affairs said it's allowed.


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## LegalMan (Dec 26, 2012)

Hi willcesium, 

You cannot "renew" an exceptional skills or a quota work permit, into a critical skills or a general work visa. The correct term for it is: applying for a change of status.


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## willcesium (Aug 13, 2015)

LegalMan said:


> Hi willcesium,
> 
> You cannot "renew" an exceptional skills or a quota work permit, into a critical skills or a general work visa. The correct term for it is: applying for a change of status.


Just so I understand correctly: this means if I submit a 'renew' application, it will definitely be rejected? 
I'm asking because when I emailed home affairs and VFS, they were entirely unclear about this point. I am really wondering if anyone has tried to apply for renewal and had it rejected. 

It seems like it would make sense for an existing 'exceptional skills' visa to count as proof that one falls into the 'critical skills' category, in lieu of a letter from the ministry of labour or the like. So, in that way the renewal application is easier to put together - and I'm looking for anyone who can confirm from past experience that it either works or doesn't.


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## Klipspringer (Feb 21, 2015)

willcesium said:


> Just so I understand correctly: this means if I submit a 'renew' application, it will definitely be rejected?
> I'm asking because when I emailed home affairs and VFS, they were entirely unclear about this point. I am really wondering if anyone has tried to apply for renewal and had it rejected.
> 
> It seems like it would make sense for an existing 'exceptional skills' visa to count as proof that one falls into the 'critical skills' category, in lieu of a letter from the ministry of labour or the like. So, in that way the renewal application is easier to put together - and I'm looking for anyone who can confirm from past experience that it either works or doesn't.


You seem to be confused about what is needed to apply for a critical skills visa. You do NOT need to submit a letter from the ministry of labour for a critical skills visa. Why don't you have a look on the VFS website to see the list of what is needed? You need the same documents for a critical skills visa application as for a critical skills renewal, so I really don't understand why you keep on insisting that the renewal will be less effort. The effort is the same or in some cases even more depending on your specific situation. Nobody knows if a renewal will be rejected in your case as the correct procedure, as pointed out by Legalman, is to apply for a change of status or possibly from scratch for the critical skills visa, so if you do that it is at your own risk. You can always come and tell the rest of us if it worked or not ;-)


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## willcesium (Aug 13, 2015)

Klipspringer said:


> You seem to be confused about what is needed to apply for a critical skills visa. You do NOT need to submit a letter from the ministry of labour for a critical skills visa. Why don't you have a look on the VFS website to see the list of what is needed? You need the same documents for a critical skills visa application as for a critical skills renewal, so I really don't understand why you keep on insisting that the renewal will be less effort. The effort is the same or in some cases even more depending on your specific situation. Nobody knows if a renewal will be rejected in your case as the correct procedure, as pointed out by Legalman, is to apply for a change of status or possibly from scratch for the critical skills visa, so if you do that it is at your own risk. You can always come and tell the rest of us if it worked or not ;-)


Fair enough, maybe I'm really over-thinking things. 
I'm in a field where there is no 'professional body, council, or board recognized by SAQA'. I thought applying as a renewal might stop them from being bothered by not having that, on the grounds that the previous visa would be proof of being in the critical skills group. But if the same documents are required either way, then maybe I'm just being stupid and should apply for a new visa instead.


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## Klipspringer (Feb 21, 2015)

willcesium said:


> Fair enough, maybe I'm really over-thinking things.
> I'm in a field where there is no 'professional body, council, or board recognized by SAQA'. I thought applying as a renewal might stop them from being bothered by not having that, on the grounds that the previous visa would be proof of being in the critical skills group. But if the same documents are required either way, then maybe I'm just being stupid and should apply for a new visa instead.


From what I've gathered DHA officials sit with a checklist in front of them of documents that need to be submitted with a visa application. As much as it makes sense to any logical person I very much doubt your plan will work. It's frustrating, for sure.


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## willcesium (Aug 13, 2015)

An update:

Based on discussion in this thread, I figured applying for 'renewal' would cause confusion, and that it would be simpler to apply for a new CSV.

It isn't.

VFS (PE office) rejected my application, saying that because I currently have a work permit, the only thing that can possibly be issued to me is a change of status or change of conditions. That is, if you already have one visa, you CANNOT apply for a new one - even though they will happily take your money and schedule an appointment to apply for such, and even if you apply for the new visa start from after the current one expires. So, they said I must make a new appointment, and come back with an application for change of status/change of conditions. This is definitively NOT what the VFS email help person told me. The agent in the VFS office refused to put anything in writing, and said I can only get official correspondence by email - even though the email help person gave me completely different directions.

Either they've simply lied to me to get me to pay the fee twice, or this all makes NO bloody sense. Even Nigeria's immigration system is better than this! Good grief!


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## willcesium (Aug 13, 2015)

Moral of the story:
If you have an exceptional skills work permit (or quota work permit, presumably), you apparently cannot apply for a new Critical Skills Visa while in South Africa. I guess that's the definitive answer I was looking for when I first posted the question.


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## derockzy (Aug 31, 2015)

@willcesium, You will have to do a fresh application for critical skills not renewal. Since you are an academic, I will advise you to use the DHA premium visa and permit services centre (check the link on the vfs homepage.It is self explantory). Verify that your university is on the list and thereafter apply. It is a faster and more reliable option


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## derockzy (Aug 31, 2015)

willcesium said:


> Moral of the story:
> If you have an exceptional skills work permit (or quota work permit, presumably), you apparently cannot apply for a new Critical Skills Visa while in South Africa. I guess that's the definitive answer I was looking for when I first posted the question.


You can please


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## willcesium (Aug 13, 2015)

That's the point - VFS actually REFUSED to accept a fresh application for a new visa! 

They said I can *only* renew/change my visa, that it is impossible to have a new visa if you already have ANY kind of visa currently. I guess the only instance where you're supposed to apply for a new visa is if you are IN your country of origin - not in South Africa? It of course does not say that on the VFS website anywhere - but that's what the agent told me.

I hope someone else will find this information useful, and will be spared some of the misery of the process.


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## derockzy (Aug 31, 2015)

@willcesium. It is change in condition on existing visa. Many of the VFS guys aren't conversant with their processes. It is up to you to take your stand and reiterate what you want till you get it done.


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## willcesium (Aug 13, 2015)

davidadedokun said:


> @willcesium. It is change in condition on existing visa. Many of the VFS guys aren't conversant with their processes. It is up to you to take your stand and reiterate what you want till you get it done.


That's just what I tried to do in the office yesterday. And I had no luck at all.


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## derockzy (Aug 31, 2015)

willcesium said:


> That's just what I tried to do in the office yesterday. And I had no luck at all.


Which of the offices?


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## willcesium (Aug 13, 2015)

davidadedokun said:


> Which of the offices?


Port Elizabeth. Have other offices been telling people different things?


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## derockzy (Aug 31, 2015)

willcesium said:


> Port Elizabeth. Have other offices been telling people different things?


There story from your statement is quite correct as you only need to change condition on your existing visa.


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## willcesium (Aug 13, 2015)

After emailing the premium services address, I soon after received a phone call from VFS. They told me that the person at the office was mistaken - the application must NOT be change of status. According to the VFS person I spoke with on the phone, it sounded like it's actually not possible to change status while in the country.

So, what VFS has now told me is that exceptional skills IS the same as critical skills, and therefore the application must be a renewal, and not anything else. 
This is not only contrary to what people suggested earlier in this thread, but also contrary to what the VFS officer told me in person.
:/


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## Klipspringer (Feb 21, 2015)

How frustrating! And who knows if this last VFS officer is correct?


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## willcesium (Aug 13, 2015)

Klipspringer said:


> How frustrating! And who knows if this last VFS officer is correct?


Not me. But I spoke to two people on the phone, and so I'm guessing this was some kind of supervisor?
I've asked someone to ask someone they know at DHA and I'll update again if I get any clarity from them.


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## LegalMan (Dec 26, 2012)

Legally speaking:

Change of status = change from one category to another. 
Change of conditions = change of type of visa within a category. 

So exceptional skills is a work visa, therefore if you are applying for a critical skills work visa, then it is a change of conditions.
However, not alot of dha or vfs staff know this. You would not be renewing a work visa, but changing conditions.


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## willcesium (Aug 13, 2015)

LegalMan said:


> Legally speaking:
> 
> Change of status = change from one category to another.
> Change of conditions = change of type of visa within a category.
> ...


But if DHA and VFS don't know that, how do we know it's actually correct?

To clarify, the VFS agent I spoke to on the phone told me that going from exceptional skills to critical skills is just an updating of the name, and that because they're considered the same category, it is not a change of status or conditions. And therefore it *is* renewing - according to them.


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## LegalMan (Dec 26, 2012)

Hi willcesium, 

Good question. It is in the Act. 
I can also confirm that a critical skills visa is the new quota work visa and exceptional skills no longer exist. Although the section in the Act substituted the exceptional skills work visa section and replaced it with critical skills.


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## willcesium (Aug 13, 2015)

Another update: I submitted my application today, as a renewal. This is what the VFS email correspondence told me to do, as well as the VFS call centre - even though it isn't what Mr Kojana in the PE VFS office told me to do.

Some last minute unpleasant surprises to watch out for, for anyone else stuck in this process:

1) the CSV application requires 'Proof that the applicant falls within the critical skills category by specifically indicating the occupation/critical skill for which the application is being made. The occupation/critical skill must be on the Critical Skills list.'
To Mr Kojana in the VFS office, *the only way to 'indicate' which skill is to PRINT OUT THE CRITICAL SKILLS LIST and highight the one that applies*. They generously let me use their highlighter - but refused to provide a copy of the critical skills list.

2) All applications require "Duly completed online form. Handwritten forms will not be accepted by Department of Home Affairs." 
To grumpy Mr Kojana in the PE office, *an application form that has ANY hand-writing anywhere on it AT ALL is not acceptable*. I had written 'not applicable' in one field that the online system left blank. They made me go elsewhere to re-print the application form. Which is honestly ridiculous, since you are required to write in the date by hand.

3) Stunningly, the desk agents were really unprepared to deal with the range of materials required in the application. There was a lot of shuffling of papers into different piles, and they arranged everything into a completely different order. I would say that the risk of them losing a page, or accidentally adding in one from another pile on the desk is quite high.

4) Whenever the VFS office agents are in the wrong, they threaten to accept your application as-is, but with an attached letter from them that says that you've been informed about such-and-such problem and want to submit any way. I have a suspicion that this is their way of being vindictive, and that such a letter in your application is probably a guaranteed way of getting it either rejected or put on the bottom of every pile.

All in all, a stunningly ineffective and unpleasant experience. Good luck.


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## willcesium (Aug 13, 2015)

Just closing this thread on an eventually positive note: I received my renewed visa today!

I applied on 13 Nov, and it was tracked as ready for pickup from 25 Nov. So, a 12-day processing time, after they told me 8-10 weeks. That was a pleasant surprise. Not that it makes up for the ridiculous confusion and jumping through hoops involved in the process.


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## Klipspringer (Feb 21, 2015)

willcesium said:


> Just closing this thread on an eventually positive note: I received my renewed visa today!
> 
> I applied on 13 Nov, and it was tracked as ready for pickup from 25 Nov. So, a 12-day processing time, after they told me 8-10 weeks. That was a pleasant surprise. Not that it makes up for the ridiculous confusion and jumping through hoops involved in the process.


That's excellent news, congratulations! You're right, you had a visa denied and a big headache to find out what the correct procedure is after that - which still constitutes really bad service. We will have to go through something similar soon, having to change from one category of critical skill to another. Now would that be a renewal or a change of status? The current visa doesn't actually give the category just the type of visa. Who knows if anyone knows?!


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## willcesium (Aug 13, 2015)

Klipspringer said:


> That's excellent news, congratulations! You're right, you had a visa denied and a big headache to find out what the correct procedure is after that - which still constitutes really bad service. We will have to go through something similar soon, having to change from one category of critical skill to another. Now would that be a renewal or a change of status? The current visa doesn't actually give the category just the type of visa. Who knows if anyone knows?!


If it's feasible, I'd suggest that you:
(i) email VFS, and explain in the exact situation, then press them until they give you an explicit instruction of what category of application this needs to be. 
(ii) Show that email to Home Affairs (i.e. fwd it to them), and ask them to confirm.

In other countries, individual VFS officers have been accused of making up their own sets of visa rules, and I think it's pretty much the same here. So to avoid having a mis-informed office agent direct you to the wrong category of form and dealing with a rejection, sort it out from the head officeS ahead of time.

Best of luck, hope this discussion has been of some use to dealing with whatever your situation is!


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## Klipspringer (Feb 21, 2015)

That's not a bad idea, willcesium - I'm going to do just that. Enjoy your new life of freedom! ;-)


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## dave_c (Jul 1, 2015)

Hi Willcesium

Had the same headache but finally figured out you cannot apply to change if you are here on a visitor's permit. If you have a work permit you can apply for renewal or a new one (the VFS site even has a list of requirements so I am not sure if the info you were given is correct).

What I would suggest is to maybe copy the info from the site and lodge a complaint on hellopeter. The manager at the local VFS office will get in touch very quickly (looks like they take that seriously thank goodness). You should then be able to sort it out with him / her.

Hope it works! That is what we did to get a manager's email address!


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## visaguru :) (Dec 10, 2015)

Hi, Just stumbled across this and thought that I could provide some clarification on the issue as I am an Immigration Practitioner. 

You can not renew a permit/visa if it is not in fact an actual extension of your current TRP. The only difference in submitting a new / renewal application is that the renewal does NOT require a foreign police clearance certificate. 

As for SAQA, if SAQA have indicated that there is no professional body recognised by them for a "doctoral graduate received abroad", you can attach the official correspondence of such an submit it with your application. 

VFS are a complete nightmare. They have no idea what the law says and have taken it upon themselves to now adjudicate at the front end (NOT their role). They will refuse to accept an application if they think it is missing a document (instead of sending to DHA to be rejected by the correct authorities), and as a result, it is very hard to attempt to predict the outcome. 

I realise that this is an old thread, but I do hope it helps someone else looking for the same info. 

P.S If you have received your critical skills visa, please do not wait to submit your P/R application - (which should be section 26(a) [holding a working visa for 5 years]) as DOH is currently taking 14 months to issue an outcome.


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