# Renewal of a Spousal Visa.



## Nomqhele (Feb 18, 2014)

Dear Legalman.

My auntie applied for a renewal of her Spousal Temporary residence visa at the Johannesburg Visa Centre.This morning she was told the outcome was ready for collection at the office of application and when she got there,she was served with a Notice of Decision Adversely Affecting person(section 7(1)(g) read with section 8(3):Regulation 5(2).The rejection was due to the fact that she didn't submit the SA Police Clearance Certificate.The letter state that which l quote" With reference to your application for Relative permit you are in terms of the provisions of section 18 of the Act,hereby notified that the decision is as follows:REJECTED-No Police Clearance Certificate from South Africa.You may within 10 working days from date of receipt of this notice,make written representation to the Director General to review the decision.Should you fail to make representations,or fail to keep the Department informed of your whereabouts,the decision set out above shall remain effective.It is your responsibility to enquire about the outcome of your representation within 14 days after submission thereof"

Question 1.What is her next step?
Question 2. We know that it will not be possible to get the SA Police clearance within the next 10 working days refered to above-what must she do?
Question 3.She paid the handling fee of R1350 to the VFS centre,will this mean she will have to pay again the same for submitting the Police Clearance Certificate?
Question 4.Does she have to redo the whole application-l mean starting from scratch or she has to submit what is required?
Question 5.Quoting"Should you fail to make representations,or fail to keep the Department informed of your whereabouts,the decision set out above shall remain effective''-what does this text mean or what is expected of her?
Question 5.Quoting "make written representation to the Director General to review the decision",what does it mean and what does she have do?

To add to above the consultants at the VFS centre were she made application told her that it was not necessary for to submit the Police Clearance Certificate,which obviously with the results received was incorrect

Thanking you in advance for your kind assistance

Nephew


----------



## LegalMan (Dec 26, 2012)

VFS Global currently are still understaffed and undertrained, etc. Useless as usual.

What is your mother's nationality?
Does she have a valid visa? Until when is it valid? If not, she must leave SA.



> Question 1.What is her next step?


Appeal IMMEDIATELY, preferably through ANY immigration lawyer, including a Police Clearance Certificate. You have no other grounds to appeal, it seems.



> Question 2. We know that it will not be possible to get the SA Police clearance within the next 10 working days refered to above-what must she do?


It might be possible. If it is not then she will have to leave and apply from a country where she holds citizenships or residency.



> Question 3.She paid the handling fee of R1350 to the VFS centre,will this mean she will have to pay again the same for submitting the Police Clearance Certificate?


No, she submits the appeal (but then may have to leave SA while waiting for the outcome).



> Question 4.Does she have to redo the whole application-l mean starting from scratch or she has to submit what is required?


No. Not yet, anyway.



> Question 5.Quoting"Should you fail to make representations,or fail to keep the Department informed of your whereabouts,the decision set out above shall remain effective''-what does this text mean or what is expected of her?


It means appeal in 10 days or start again.



> Question 5.Quoting "make written representation to the Director General to review the decision",what does it mean and what does she have do?


This says: "Make an appeal."

An appeal is a real legal document and can be done incorrectly if you don't know what you are doing. For a fast Police Clearance you can possibly go straight to SAPS directly.


----------



## 2fargone (Jun 14, 2011)

Legal Man,

Did this Rejected come from Home Affairs or VFS? I dont know how Home Affairs could of gotten it back so quickly! And it seems like VFS should of looked at her documents before submitting to see if everything is in order.

OP- For the Police Clearance I would use a company that can get one for you. Otherwise you might be waiting a while. I waited almost 10 weeks going through SAPS. I dont know how they think you can possibly have one in 10 days!!


----------



## LegalMan (Dec 26, 2012)

Rejections can only ever come from Home Affairs. VFS can only do the delivery over the counter.


----------



## Nomqhele (Feb 18, 2014)

Dear Legal man.

Thanks for your quick response-much appreciated.

The applicant is a Zimbabwean national who is married to my uncle who is also a Zimbabwean born SA Citizen.

Her current Spousal Visa is expiring tomorrow?

If she has to leave SA,were will she submit,the outstanding documents i.e Police Clearance Certificate or Appeal letter etc.

Zimbabwean passport holders are exempted for Visa to enter South Africa for a 90 day period a year.Can she go back and enter on a visitor's visa issued at a port of entry and wait for the outcome of the appeal while in South Africa?.

What if she can furnish proof that she has applied for a Police clearance certificate-do you think DHA will have leniency


----------

