# Spousal visa with work endorsement



## ski-guy (Jul 25, 2015)

Dear Readers
I hope someone can advise on this or refer me to the appropriate person:

I am South African citizen. My spouse who is from the UK has been employed on a spousal visa with a work endorsement which was due to expire on 11 June 2015. We have a child who was born in SA. She applied in March 2015 for a renewal. Previously she renewed the visa every 3 years in person at home affairs and this took a couple of weeks.
This year, it had to be done by VFS. She was employed on a permanent contract.

Home Affairs incorrectly rejected the application in May 2015. She appealed in May 2015 before the expiry date and within the time frame. Whilst awaiting the outcome, the employer terminated her (permanent) contract on 12 June 2015.
The employer was fully informed of the situation with home affairs during all of this time. 

She was granted a new spousal visa with work endorsement on 1 July 2015.


Question is:
What is the legality of her status between 12 June 2015-1 July 2015?
1) Was she legally allowed to work during this period June-July since the new visa is effectively a renewal of the old one?
2) If answer to number 1 is yes, then did the employer act illegally in terminating her contract?

Thank you.
----------


----------



## Jack14 (Oct 26, 2014)

ski-guy said:


> Dear Readers
> I hope someone can advise on this or refer me to the appropriate person:
> 
> I am South African citizen. My spouse who is from the UK has been employed on a spousal visa with a work endorsement which was due to expire on 11 June 2015. We have a child who was born in SA. She applied in March 2015 for a renewal. Previously she renewed the visa every 3 years in person at home affairs and this took a couple of weeks.
> ...


Hi Ski-guy

Between 12 June - 1 July your spouse was an Illegal Immigrant, she had no rights to be in the country during that period 

Having a pending application or appeal is not a valid reason to be in the country illegally 

The employer had every right to terminate her employment, the employer was going to be violating the immigration act by allowing your spouse to work without a valid permit and the company could be fined for that


----------



## ski-guy (Jul 25, 2015)

Jack14 said:


> Hi Ski-guy
> 
> Between 12 June - 1 July your spouse was an Illegal Immigrant, she had no rights to be in the country during that period
> 
> ...


Hi Jack- I trust you are speaking from detailed knowledge or insight.
This what most people seem to believe when looking at it superficially but the period between 12 June - 1 July was not her fault but due to the DHA.
She was told by DHA to remain in the country pending the outcome...according to the rules if you submit 60 days before expiry you are technically deemed not illegal.
Zimbabweans were given letters to give to their employers so that they would not be
fired whilst awaiting renewals. 
A senior home affairs official was surprised that the employer had done this.


----------



## Klipspringer (Feb 21, 2015)

Hi ski-guy, I'm really sorry to hear your wife lost her job because of the DHA. I think you will have to consult a lawyer if you're thinking of taking on her employer because the answer will be very technical, I'm sure. The employer seems a bit unsympathetic too. Will they be willing to rehire her now that her status is legal again? I'm assuming she now has their name on her visa so if she wants to find other employment she'll have to reapply for work endorsement? Gosh, the things that we put up with because of the DHA! I wish you luck.


----------



## Jack14 (Oct 26, 2014)

ski-guy said:


> Hi Jack- I trust you are speaking from detailed knowledge or insight.
> This what most people seem to believe when looking at it superficially but the period between 12 June - 1 July was not her fault but due to the DHA.
> She was told by DHA to remain in the country pending the outcome...according to the rules if you submit 60 days before expiry you are technically deemed not illegal.
> Zimbabweans were given letters to give to their employers so that they would not be
> ...


Hi Ski-guy

Many immigrants are now in a difficult situation because of wrong information that was given to them by DHA staff, some have been banned for 5years

The directive which allowed immigrants with pending application to stay in the country legally was withdrawn, even though her application was submitted in time(60day) it is still not a valid excuse according to the new law, if she had to leave the country during that period, she was going to be banned for 12 month even though she has a pending application 

DHA is the party at fault here, her application was wrongfully rejected, the employer can not be blamed for DHA's Fault 

With regard to the Zimbabweans, theirs is a special dispensation, the special dispensation allowed them to stay in the country while waiting for their application to be finalised, they could even travel to zim and back without being declared undesirable


----------



## ski-guy (Jul 25, 2015)

Thanks Jack and Klipspringer...very insightful...you are right, employer is unsympathetic, employer believes it is acting according to the law (of course, made by government, which the DHA is part of!!).

If the directive to allow immigrants to stay with pending application was withdrawn - how is/was this made known to the public at large and more so to VFS because a VFS person on the DHA call centre number insisted that she should not leave the country on expiry because she would not be able to come back, except on another visa/passport. 

Yes, the employer can technically argue that they were acting within the law and it is not their problem. 

Yes, Klip - you are correct (sounds like you know your stuff) work endorsement carries the employers name on it, so we are sitting with another issue!!


----------

