# Work Permit for Spouse of SA Citizen



## pwlegacy (Jul 5, 2011)

Hi

I am an Indian and came to join my husband in South Africa in April 2010. I arrived on a "Relatives Visa" which stated "To Reside with SA Citizen Spouse". The expiry is in February 2012.

In September 2010 I got a Job offer and submitted all the documents in order to get a work permit endorsed on my visa. Which included our marriage certificate from the government of India.

In April 2011 I got a response from home affairs stating that the application was REJECTED as an affidavit for "cohabitation" was not submitted. We then submitted an appeal as this was not a requirement when we first submitted the application since we are married and not in a "life partnership".

I then found out that appeals could take forever to process and hence submitted a letter to cancel my appeal so that I can submit a new application. Home Affairs took in that letter. When I called Home Affairs to check whether it has been cancelled they said it can't be cancelled as we need to wait for the appeal to go through. This has become a total nightmare for us as we followed the process and home affairs admitted the fault on their side.

They also said that according to their system my husband is single and that we should get our marriage registered in SA. We then got married by a South African Priest and submitted the marriage certificate to HA. HA said they can't accept it as my VISA says I am already married. So according to them, I am married to my husband, but my husband is not married to me. This process is going in circles while we are suffering.

My permit current expires in February, and I really need the work permit urgently. 

PLEASE could someone advise on what needs to be done???? We can't wait for appeals as there are only 4 people handling appeals, at 50 appeals a week. With the current backlog it could take 4 years. PLEASE OFFER SUGGESTIONS.


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## dkhaley (Jun 10, 2011)

pwlegacy said:


> PLEASE OFFER SUGGESTIONS.


Your situation seems to be quite dire and (unnecessarily) complicated. I think you should consider contacting an immigration attorney.

You could also try contacting the Home Affairs call center in Pretoria. Their number is 0800 601 190. I'm sure you've probably tried that, but I mention it just in case.

In my experience, each person at home affairs gives you a different answer to a question, and there's never a documented procedure. 

Sorry I don't have anything more concrete to offer.


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## Saartjie (Mar 1, 2010)

I agree, an attorney is probably your best bet even though it might be expensive. Good Luck.


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## pwlegacy (Jul 5, 2011)

dkhaley said:


> Your situation seems to be quite dire and (unnecessarily) complicated. I think you should consider contacting an immigration attorney.
> 
> You could also try contacting the Home Affairs call center in Pretoria. Their number is 0800 601 190. I'm sure you've probably tried that, but I mention it just in case.
> 
> ...




I called Home Affairs again. Now they are telling me that according to the system, they have cancelled the appeal, but I still cannot submit a new application as it still indicates my previous application as incomplete. My only option is to re-appeal an WAIT for the appeal to go through. Or based on the cancellation O need to leave the country when my current VISA expires. I can't even renew the current one according to them. They were the ones who told me to cancel the appeal so that I can submit a new application......... 

Why couldn't they just mention in the beginning, when they saw our marriage certificate that on their system my husband is listed as single so that we could amend it BEFORE they rejected the whole thing???????????


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## Saartjie (Mar 1, 2010)

pwlegacy said:


> I called Home Affairs again. Now they are telling me that according to the system, they have cancelled the appeal, but I still cannot submit a new application as it still indicates my previous application as incomplete. My only option is to re-appeal an WAIT for the appeal to go through. Or based on the cancellation O need to leave the country when my current VISA expires. I can't even renew the current one according to them. They were the ones who told me to cancel the appeal so that I can submit a new application.........
> 
> Why couldn't they just mention in the beginning, when they saw our marriage certificate that on their system my husband is listed as single so that we could amend it BEFORE they rejected the whole thing???????????


I know it is frustrating but this is how HA is. I bet if you called them again and spoke to someone else they would tell you something different (that's what they keep doing to me). As stated above, it sounds like you need someone professional (who knows how the system works) to help you whether it is an attorney or an immigration specialist.


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## pwlegacy (Jul 5, 2011)

Hi

I now have a new passport with a new passport number. Considering that the previous application was rejected on the previous passport number, would it be possible for me to submit a new application? Each time I call home affairs its something different. Some say that the appeal was cancelled which I did in order to submit a new application, some say that the appeal is on the system awaiting an outcome.

Thanks


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## dkhaley (Jun 10, 2011)

pwlegacy said:


> Hi
> I now have a new passport with a new passport number. Considering that the previous application was rejected on the previous passport number, would it be possible for me to submit a new application? Each time I call home affairs its something different. Some say that the appeal was cancelled which I did in order to submit a new application, some say that the appeal is on the system awaiting an outcome.
> Thanks


What's important to know is that Home Affairs seems to track everything by your passport number. So I'd recommend submitting the new application, with the new passport number, and making no mention that you've previously applied.

I had a friend who did that, and it worked out well for her.


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## korriem (Oct 20, 2011)

You should ask a lawyer before doing that, because it is possible that if you get caught, you could be charged with fraud and deported with re-entry denied.


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