# Letter of appeal issues



## maja78 (Oct 31, 2011)

Hello everybody!

I searched the whole forum but I couldn´t find any answers to my issue with TR.

I applied for a TR based on a life-partner permit in June 2011.
We handed in a complete application at the DHA capetown and I received the receipt. 5 month later, I got the sms from HA to come back and collect my visa.
Instead I got a letter, that my application was rejected for the reason: 
no proof of cohabitation and shared financial responsibilities.

The lady at the desk explained then, that I have to write a letter of appeal, so that somebody in Pretoria can review the decision.

I wrote the letter and explained in detail what documents we handed in, that the officer in capetown said everything is in order and that i don´t understand why they reject my application when everthing was complete.
The appeal was submitted in november 2011.

So now its february 2013 and I havn´t heard from then since. Every month I phone Capetown HA and now and then I visit the office and ask for progress.
Nothing, same answer every time, Pretoria received the letter but no decision made.

1 year and 3 month waiting! What should I do now? Somebody got any ideas? Somebody here in the same situation? What are my options?

I would be so thankful if anybody could give me some advice!
Thanks for your time.

Looking forward to your replies!

Bye, Maja


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## LegalMan (Dec 26, 2012)

Just because everything is complete, does not guarantee approval of any permit application. In fact, the reason states there was not enough proof of cohabitation and shared financial responsibility - both key factors for any "life partner" permit.

To give you exact advice, I'd unfortunately need to look at your original application.


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## maja78 (Oct 31, 2011)

Hello!

Thanks for your quick reply. We handed in 3 affidavits by friends and our landlord all stating where we live. And we brought the bankstatements of my boyfriend, thats what they asked for at the desk. We ask the employee 3 times if we need a shared bank-account, he answered no only bankstatements are enough. So I guess there it already started to go wrong. 
My question is this letter of appeal is lying somewhere in Pretoria. Do I just have to wait and show more patience or is there any other options? Because as long as that application is pending I can´t reapply, right? Could a immigration laywer speed things up with his contacts?


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## LegalMan (Dec 26, 2012)

maja78 said:


> Hello!
> 
> Thanks for your quick reply. We handed in 3 affidavits by friends and our landlord all stating where we live. And we brought the bankstatements of my boyfriend, thats what they asked for at the desk. We ask the employee 3 times if we need a shared bank-account, he answered no only bankstatements are enough. So I guess there it already started to go wrong.
> My question is this letter of appeal is lying somewhere in Pretoria. Do I just have to wait and show more patience or is there any other options? Because as long as that application is pending I can´t reapply, right? Could a immigration laywer speed things up with his contacts?


To be frank, you could simply re-apply instead of waiting. Your permit is now not a priority for them, as it is an appeal. Most appeals do not get overturned. So you will get a permit faster by re-applying.

My gut feeling is that you didn't submit enough evidence for them. I usually prepare 3-5 letters from each party, bank statements from both parties highlighting the transfers and how long the bank accounts have been open, and highlighting the addresses on the proof of cohabitation, etc. Make it easy for Home Affairs.

*A message to anyone else reading this:* The above situation sounds to me like the typical scenario where someone who does deserve a permit has not got it, and simple immigration advice and preparation would have sorted this out. Make sure to do your homework and use an immigration service.


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## maja78 (Oct 31, 2011)

Thanks again for your quick reply. I didn´t know that i could re-apply. HA said I can´t, because my other application is still going, because I appealed. Back then they said I must appeal, they didn´t say I can re-apply. It´s all so confusing. Everybody in the office gives you different answers. If I would have known that it´s such a complicated and endless affair, yes of course I would have done it over an immigration laywer. And this is what I should do now, give all the papers to somebody who can deal with that mess professionaly. I´m living in this grey zone now for almost 2 years, no fun.
Thanks so much for your honest opinion. That helped me a lot.


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## LegalMan (Dec 26, 2012)

@Maja: Put plainly, you can "cancel" your previous application (and appeal) and then apply afresh.

/SNIP/


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## maja78 (Oct 31, 2011)

Thanks so much for that information, Legalman.
I think this will be my next step.


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## LegalMan (Dec 26, 2012)

Hi Maja

The forum moderator took out my German message for you - just in case you don't know, I speak German.


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