# Visa help



## AFLINK (Jan 3, 2015)

Hi, 

I need advice on what to do to get my wife visa within South Africa, I am permanent resident holder in South African. I invited my wife over, got married here and submitted her application for Relative visa in Oct 2014, but her application was rejected and ask to appeal. 
Reason: She can’t change status or work and failed to submit cohabitation documents. 

I have submitted this appeal to HA. But I need advice in case her application is rejected for the 2nd time which I pray not to happen. 
Can I apply for a visitor visa sec6 (11) for her so she can travel back home to change the status?
Which visa can I get her to go back home and apply for the relative visa/spouse visa without her being banned from entering the country for overstaying as her current visa has expired in Dec 2014.
Thanks
Dele


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## LegalMan (Dec 26, 2012)

Correctly (according to the letter of the law), they rejected her. She should never have overstayed her visa, so correctly she will be banned when leaving SA. Your appeal will probably be rejected.

You can try for a legalisation for her to be allowed to leave or stay for the outcome.


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## AFLINK (Jan 3, 2015)

Thanks for the reply, 

How do I go about legalisation for her to be allowed to leave ? Can Refugee Status & Asylum help to secure a Visitor visa from HA to travel back home? I just don't want to be part from her. 

Thanks so much
Dele


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## LegalMan (Dec 26, 2012)

Unless she is a refugee, then no. You will require the services of a lawyer. It is also called regularisation.


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## Egoli123 (Jul 16, 2015)

LegalMan said:


> Unless she is a refugee, then no. You will require the services of a lawyer. It is also called regularisation.


Hi LegalMan,
Can you please explain the process of regularisation?
We are in similar situation-my husband overstayed his visa, but we have been married for over 5 years.I am a SA citizen.We applied for a spousal visa using an immigration practitioner about one year ago and we have not heard back from HA.We are literally stacked in this situation.I am considering to consult an immigration lawyer.So far everyone has got a different opinion about the new regulations.Any suggestions what to do?


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## 2fargone (Jun 14, 2011)

Egoli123 said:


> Hi LegalMan,
> Can you please explain the process of regularisation?
> We are in similar situation-my husband overstayed his visa, but we have been married for over 5 years.I am a SA citizen.We applied for a spousal visa using an immigration practitioner about one year ago and we have not heard back from HA.We are literally stacked in this situation.I am considering to consult an immigration lawyer.So far everyone has got a different opinion about the new regulations.Any suggestions what to do?


I know I am not Legal Man, but Egoli have you contacted your immigration practice that you submitted the application with? You should of heard something by now. I would contact them, and check the status of your application.


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## Spiggles (Mar 19, 2014)

Egoli123 said:


> Hi LegalMan,
> Can you please explain the process of regularisation?
> We are in similar situation-my husband overstayed his visa, but we have been married for over 5 years.I am a SA citizen.We applied for a spousal visa using an immigration practitioner about one year ago and we have not heard back from HA.We are literally stacked in this situation.I am considering to consult an immigration lawyer.So far everyone has got a different opinion about the new regulations.Any suggestions what to do?


Hi Egoli123,

I agree with 2fargone, you should have heard something by now.
First, I would contact your immigration practitioner who helped you with the application, and if there is no outcome yet, I recommend that you contact an immigration lawyer.
They can help you with court orders to compel DHA to respond to your application.
Good Luck!


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## Egoli123 (Jul 16, 2015)

I made an appointment with an immigration lawer and I hope for the best!


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## Egoli123 (Jul 16, 2015)

I made an appointment with an immigration lawyer and I hope fot the best outcome! Thank you!


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## LegalMan (Dec 26, 2012)

Hi Egoli, 

I am glad to hear that you contacted an immigration lawyer. Please let us know if they were able to help you.


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## Icon (Jul 7, 2015)

Mail me on [email protected]. I may be able to assist.



AFLINK said:


> Hi,
> 
> I need advice on what to do to get my wife visa within South Africa, I am permanent resident holder in South African. I invited my wife over, got married here and submitted her application for Relative visa in Oct 2014, but her application was rejected and ask to appeal.
> Reason: She can’t change status or work and failed to submit cohabitation documents.
> ...


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