# Visitor visa



## prashantjoseph (Dec 6, 2018)

I would like to enquire about Visitors Visa under Sec 11(6), my husband applied recently for the visa but was rejected even though he has spousal visa. Which is valid until 7 May 2019. Would he be able to apply for both at the same time ( his renewal of spousal visa and re-submit for the Visitors Visa under Sec 11(6))? 

Please could you assist the only reason his application was rejected was for the following reason:

(1) Comments: you were unable to satisfy the department by failing to comply with the requirements prescribed in terms of regulation 3(2)(a)(i) of the immigration regulations such as documentation to prove the financial support to each other and the extent to which the related responsibilities are shared by both parties for at least the past two(2) years. 

Please advise accordingly, and has anyone gone through such a problem 
i have submitted a appeal with vfs two days back .how much time will it take for home affairs to get back with a reply .

currently i take care of my husbands finanacial support as he doesnt have work endorsement visa to open a bank account here in south africa . i submitted my three months(pay slip + bank statement )in support of my husband i have submitted letter of support prepared by my lawyer and my dad affidavit stating that we have lived together for the last two years 

we have submitted marriage certificate from india and also church marriage to prove our relationship for the past 2 years. along with medical bills from hospitals for the past two years and with my name and address on it proving our relationship. also my medical aid tax certificate from insurance company stating my our relationship status


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## terryZW (Jun 26, 2017)

prashantjoseph said:


> I would like to enquire about Visitors Visa under Sec 11(6), my husband applied recently for the visa but was rejected even though he has spousal visa. Which is valid until 7 May 2019. Would he be able to apply for both at the same time ( his renewal of spousal visa and re-submit for the Visitors Visa under Sec 11(6))?
> 
> Please could you assist the only reason his application was rejected was for the following reason:
> 
> ...


You need to reapply with correct documentation before May 2019. It seems they don't doubt the relation ship itself, just the extent to which you SHARE responsibility. Did you submit any of the following?:

Joint bank/savings/investment accounts
Joint lease agreements
Cohabitation Agreement
Accounts/loans/bills that you are both responsible for


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## prashantjoseph (Dec 6, 2018)

my wife is south african citizen . we have submitted wife's three months bank statements plus pay slips of last three months. then we submitted a spousal letter of support prepared by our lawyer .then a affidavit from my wife's father stating we live at such a address for the last two years .then we submitted medical insurance certificate stating we are married and i m dependant on her plus medicals bills issued by hospitals . i m not working currently as my visa doesnt permit so i cant open a joint bank account


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## terryZW (Jun 26, 2017)

prashantjoseph said:


> my wife is south african citizen . we have submitted wife's three months bank statements plus pay slips of last three months. then we submitted a spousal letter of support prepared by our lawyer .then a affidavit from my wife's father stating we live at such a address for the last two years .then we submitted medical insurance certificate stating we are married and i m dependant on her plus medicals bills issued by hospitals . i m not working currently as my visa doesnt permit so i cant open a joint bank account


I've had that visa before. It definitely allows him to open an account and it also allows you to give him signing rights on the account, which would prove SHARED financial responsibility. Your payslips and bank statement prove the R8500 minimum on her part required to support your application and the affidavit proves cohabitation but you also need to prove _the extent to which the related responsibilities are shared by both parties_ which is why the visa was denied in the first place. I used that same visa to open my Standard Bank account and also get signing rights on her FNB account. When I submitted I sent in both sets of bank accounts and the letter from FNB confirming I have signing rights on her account. At the time we were both students with no income so we also included a letter explaining that. From the information you shared, it seems they denied your visa because you didn't prove shared responsibility, not because they doubt the cohabitation part of your relationship. I hope that makes sense.


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## prashantjoseph (Dec 6, 2018)

terryZW said:


> I've had that visa before. It definitely allows him to open an account and it also allows you to give him signing rights on the account, which would prove SHARED financial responsibility. Your payslips and bank statement prove the R8500 minimum on her part required to support your application and the affidavit proves cohabitation but you also need to prove _the extent to which the related responsibilities are shared by both parties_ which is why the visa was denied in the first place. I used that same visa to open my Standard Bank account and also get signing rights on her FNB account. When I submitted I sent in both sets of bank accounts and the letter from FNB confirming I have signing rights on her account. At the time we were both students with no income so we also included a letter explaining that. From the information you shared, it seems they denied your visa because you didn't prove shared responsibility, not because they doubt the cohabitation part of your relationship. I hope that makes sense.



can we chat on mail more my mail id is prashantjoseph3000atgmaildotcom


we have added a support letter from lawyer stating my husband is not working and all his financial responsibilty will be taken care by me 

how much does time it takes appeal to come thru .is there any way to fast track the appeal ???


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## terryZW (Jun 26, 2017)

prashantjoseph said:


> can we chat on mail more my mail id is prashantjoseph3000atgmaildotcom
> 
> 
> we have added a support letter from lawyer stating my husband is not working and all his financial responsibilty will be taken care by me
> ...


I will email you.

Appeals have no definite processing time unlike visas. There is quite a huge backlog and there doesn't seem to be a proper process/prioritisation for these as most appeals submitted by applicants are actually not valid. An appeal is meant for legitimate issues where the DHA has made a mistake in the decision. An appeal is not a chance to submit additional documentation or whatever may have been overlooked the first time - it's a declaration that the DHA reached an incorrect verdict based on the application they received the first time. It's always better to send a fresh application because:

1. Processing time is faster
2. They are easier to track/trace
3. You cannot submit another application while your appeal is pending, which may be a long time.


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## prashantjoseph (Dec 6, 2018)

my lawyer advised me to appeal as we were rejected without any valid reasons.he advised we should appeal it was mistake of DHA . can we appeal thru court also to reach for a decision .


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## prashantjoseph (Dec 6, 2018)

terryZW said:


> I've had that visa before. It definitely allows him to open an account and it also allows you to give him signing rights on the account, which would prove SHARED financial responsibility. Your payslips and bank statement prove the R8500 minimum on her part required to support your application and the affidavit proves cohabitation but you also need to prove _the extent to which the related responsibilities are shared by both parties_ which is why the visa was denied in the first place. I used that same visa to open my Standard Bank account and also get signing rights on her FNB account. When I submitted I sent in both sets of bank accounts and the letter from FNB confirming I have signing rights on her account. At the time we were both students with no income so we also included a letter explaining that. From the information you shared, it seems they denied your visa because you didn't prove shared responsibility, not because they doubt the cohabitation part of your relationship. I hope that makes sense.


i check with standard bank they declined to open new or joint account or any signing rights based on spousal visa


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## terryZW (Jun 26, 2017)

prashantjoseph said:


> i check with standard bank they declined to open new or joint account or any signing rights based on spousal visa



According to their website (and my personal experience) they should not have declined. Unless you were declined for another reason unrelated to the visa status.


https://www.standardbank.co.za/sout...with-us/foreign-nationals/temporary-residents


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## Fortune07 (Apr 14, 2016)

prashantjoseph said:


> my wife is south african citizen . we have submitted wife's three months bank statements plus pay slips of last three months. then we submitted a spousal letter of support prepared by our lawyer .then a affidavit from my wife's father stating we live at such a address for the last two years .then we submitted medical insurance certificate stating we are married and i m dependant on her plus medicals bills issued by hospitals . i m not working currently as my visa doesnt permit so i cant open a joint bank account


Hi Prashantjoseph,

Been a couple of months now and i am just wondering if you came right with your appeal.

I am a PR holder and my husband needs to apply for VISITORS VISA SECTION 11(1)(B)(IV), but we are concerned abt the requirement that states _The affidavit where a spousal relationship to a South African citizen or resident is applicable as well as documentation proving cohabitation and the extent to which the related financial responsibilities are shared by the parties and setting out the particulars of children in the spousal relationship._

I hear some pple say it is not required for the visa category but you knw DHA is DHA. My husband doesn't work and everything is in my name lease agreement and no joint accounts. in fact we have no prove of shared financial responsibilities cos he is not working. so wish to ask how things ended with your application.


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## a4xiaoxiami (May 17, 2018)

Fortune07 said:


> Hi Prashantjoseph,
> 
> Been a couple of months now and i am just wondering if you came right with your appeal.
> 
> ....


I think what DHA is trying to figure out is whether your marriage is genuine.

So if you are a SA citizen/permanent resident, and your spouse (presumably an alien) is trying to get a PR through you, then it should be OK if your spouse does not share much of the financial responsibilities for your family.

But not the other way around.

What DHA is trying to screen out is an alien who is trying to buy into a fake marriage with a SA citizen/permanent resident with money. So if your spouse (an alien) pays all the bills and applies to get a PR through you, then there might be an issue.

But in your case, it should be fine.


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