# CSV - Rejected



## Iznogoud (Feb 6, 2020)

I am a graduate from south africa, i applied for critical skills visa, with a job offer. 

The reason : *section 38(1) of the immigration act no 13 of 2002 state that no person shall employ a foreigner on terms and conditions or in capacity different from those contemplated in such foreigners status. The applicant cannot be appointed on a permanent basis as his/her status in country is temporal*


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## terryZW (Jun 26, 2017)

Iznogoud said:


> I am a graduate from south africa, i applied for critical skills visa, with a job offer.
> 
> The reason : *section 38(1) of the immigration act no 13 of 2002 state that no person shall employ a foreigner on terms and conditions or in capacity different from those contemplated in such foreigners status. The applicant cannot be appointed on a permanent basis as his/her status in country is temporal*



It's a new reason they started denying visas based on. They need the contract to be for the visa duration, not beyond.


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## victor_2020 (Mar 12, 2020)

Iznogoud said:


> I am a graduate from south africa, i applied for critical skills visa, with a job offer.
> 
> The reason : *section 38(1) of the immigration act no 13 of 2002 state that no person shall employ a foreigner on terms and conditions or in capacity different from those contemplated in such foreigners status. The applicant cannot be appointed on a permanent basis as his/her status in country is temporal*


Are appealing ?


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## terryZW (Jun 26, 2017)

victor_2020 said:


> Are appealing ?


If appealing is your only option go ahead but a new application with an ammended contract will be safer. This is a change they decided to make without communication or notice so currently people are having different experiences. Some are appealing successfully but others aren't.


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## victor_2020 (Mar 12, 2020)

terryZW said:


> If appealing is your only option go ahead but a new application with an ammended contract will be safer. This is a change they decided to make without communication or notice so currently people are having different experiences. Some are appealing successfully but others aren't.


HI Terry, 

If the current visa is expiring in 4months, you must only submit contract for 4months?


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## terryZW (Jun 26, 2017)

victor_2020 said:


> HI Terry,
> 
> If the current visa is expiring in 4months, you must only submit contract for 4months?


 You submit 5 year offer/contract for a 5 year visa.


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## victor_2020 (Mar 12, 2020)

terryZW said:


> You submit 5 year offer/contract for a 5 year visa.


Thank you


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## Fortune07 (Apr 14, 2016)

Iznogoud said:


> I am a graduate from south africa, i applied for critical skills visa, with a job offer.
> 
> The reason : *section 38(1) of the immigration act no 13 of 2002 state that no person shall employ a foreigner on terms and conditions or in capacity different from those contemplated in such foreigners status. The applicant cannot be appointed on a permanent basis as his/her status in country is temporal*


Reading this post I had to go and doublecheck if this was not my post, I think I asked same question somewhere in this forum. Yeah my husband faced the same issue. He is on temporal visa and his job offer said it was permanent...so the rejected it with same reason as yours. Yours was even more explicit, We didn't understand it at first when the section 38 was just stated...We had to reason it out that u can't be given permanent job if ur current Visa is temporal....hence we dropped it and decided to do a fresh application. This brings me to my question...

My husband went back and applied on the 24th of March 2020... 25th he checked they said it has been received in DHA...today upon checking they said it is ready for collection on the 26th of March 2020. Just 2 days? Is this possible? Anyone ever had or heard of this?


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## terryZW (Jun 26, 2017)

Fortune07 said:


> Reading this post I had to go and doublecheck if this was not my post, I think I asked same question somewhere in this forum. Yeah my husband faced the same issue. He is on temporal visa and his job offer said it was permanent...so the rejected it with same reason as yours. Yours was even more explicit, We didn't understand it at first when the section 38 was just stated...We had to reason it out that u can't be given permanent job if ur current Visa is temporal....hence we dropped it and decided to do a fresh application. This brings me to my question...
> 
> My husband went back and applied on the 24th of March 2020... 25th he checked they said it has been received in DHA...today upon checking they said it is ready for collection on the 26th of March 2020. Just 2 days? Is this possible? Anyone ever had or heard of this?


Processing time does not mean anything. You can only know the decison through collection.


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## boakyeyiadommichael (Mar 31, 2020)

Hi terryZW
What was the outcome of you application after collection?


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## Fortune07 (Apr 14, 2016)

terryZW said:


> Processing time does not mean anything. You can only know the decison through collection.


Hi Terry,

Yeah i understand that, one can never tell until you collect but what i was asking was how quick results came back ...u know the turnaround time. deposited on the 24th and on the 26th they said ready for collection. it is almost as if the application just made a U-turn hahahahaha

One would have gone to collect and see what's up...but lockdown happened


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