# New application while appeal is pending



## ITPersonInGreatNeed (Feb 15, 2016)

Hi All,

My extension of visa initially granted for 12 months was rejected I appealed against it.
As i'm hearing from all different sources appeal may take 4-8 months.
Can I submit new application for extension?

I do have all the necessary documents, will I be able to submit new application?

Regards,
ITPersonInGreatNeed


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## dave_c (Jul 1, 2015)

Hi there 

Apparently yes. We are in the same situation and our immigration attorney suggested this route if we do not think the CSV we applied for (and are currently waiting on response to appeal).

I called DHA and confirmed this but VFS says no. Will see what happens by Friday


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## Klipspringer (Feb 21, 2015)

ITPersonInGreatNeed said:


> Hi All,
> 
> My extension of visa initially granted for 12 months was rejected I appealed against it.
> As i'm hearing from all different sources appeal may take 4-8 months.
> ...


May I ask on what basis your application was rejected? We have also recently applied for the extension and are awaiting the outcome.

I think you will first need to cancel the appeal and then based on whether you still have more than 60 days left on your current visa, you should be able to apply for the extension again.


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## Tsi (Mar 2, 2016)

Hi was wondering if u got any clarity on this. I also applied for extension of my one year critical skills visa and it was rejected on the 29th of Feb. I wanted to reapply but was informed by dha call centre and by an immigration lawyer that reapplying will not work because they will see it as a way of circumventing the process. I appealed on the 7th of March and submitted the document they wanted but would also like to know about reapplying as I have all the docs and am prepared to reapply because of the horror stories I have heard about appeals.


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## Klipspringer (Feb 21, 2015)

Tsi said:


> Hi was wondering if u got any clarity on this. I also applied for extension of my one year critical skills visa and it was rejected on the 29th of Feb. I wanted to reapply but was informed by dha call centre and by an immigration lawyer that reapplying will not work because they will see it as a way of circumventing the process. I appealed on the 7th of March and submitted the document they wanted but would also like to know about reapplying as I have all the docs and am prepared to reapply because of the horror stories I have heard about appeals.


Our application was also rejected and we decided not to appeal as don't want to end up in limbo forever. VFS and immigration agent have told us it is okay to apply for the renewal/extension again. They have done this successfully with one of their clients recently. In your case if you still have some time left on your visa maybe it's better to wait for the outcome of the appeal? I have heard it is not so easy to cancel an appeal. Out of interest may I ask if the outstanding document you needed to submit was on the checklist? In our case we submitted everything on the checklist but the visa was denied based on documents we hadn't submitted because they were not on the checklist.


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## Tsi (Mar 2, 2016)

No it was not on the check list!so frustrating! I am a pharmacist by profession and even though I submitted my certificate of registration with south african pharmacy council, they rejected on the basis that I must have an endorsement certificate from dept of health giving me permission to work in the country- this was not even on the check list!!! Fortunately I have managed to get the certificate which I submitted with the appeal.my current critical skills visa expires july I was really torn as to appeal or reapply and I really did not want to do the wrong thing as it seems dha has their own secret checklist and procedures and may inconvenience one even further


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## Klipspringer (Feb 21, 2015)

Argh, it makes me mad! It seems they are more interested in catching people out with apparently arbitrary or silly little things than gaining skilled professionals for the country. And in the meantime we have to suffer the consequences!


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## LegalMan (Dec 26, 2012)

Klipspringer said:


> Argh, it makes me mad! It seems they are more interested in catching people out with apparently arbitrary or silly little things than gaining skilled professionals for the country. And in the meantime we have to suffer the consequences!


Totally agree. Yes, you are right, you can apply for an extension and VFS is wrong (in your earlier post above).


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## I_SINGH (Mar 12, 2016)

*new application*

Good Day,

Please advise on below:

my critical skills visa was rejected and I made an appeal immediately after receiving the outcome.
after going through the timeline for appeal to be processed (discussion on forum) i am wondering If i should make a fresh application instead of waiting for outcome of appeal.

1) should I make a fresh application from South Africa 
2) should I make a fresh application from my Home country? (India)

what are the consequences if, I am issued a critical skills visa from India and my appeal is still pending here (SA) and that results in positive outcome?


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## I_SINGH (Mar 12, 2016)

Mod can you please delete the above post? i have posted a new topic with above matter.


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## LegalMan (Dec 26, 2012)

dave_c said:


> Hi there
> 
> Apparently yes. We are in the same situation and our immigration attorney suggested this route if we do not think the CSV we applied for (and are currently waiting on response to appeal).
> 
> I called DHA and confirmed this but VFS says no. Will see what happens by Friday


Technically you cannot have two applications (temporary) running simultaneously, however your immigration lawyer is probably betting on the fact that one has ended by the time the other is seen to (which is probably correct).


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## dejiblue (Jul 23, 2016)

*What did you find out?*



dave_c said:


> Hi there
> 
> Apparently yes. We are in the same situation and our immigration attorney suggested this route if we do not think the CSV we applied for (and are currently waiting on response to appeal).
> 
> I called DHA and confirmed this but VFS says no. Will see what happens by Friday


Hello there, please am in the same situation. Were you able to submit a fresh application while you have an appeal application submitted already? Please kindly respond


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## dejiblue (Jul 23, 2016)

*How can you cancel an appeal*



LegalMan said:


> Technically you cannot have two applications (temporary) running simultaneously, however your immigration lawyer is probably betting on the fact that one has ended by the time the other is seen to (which is probably correct).


Hello there,

Please how can one cancel an appeal application so one can resubmit a fresh application


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## Srihith (Dec 7, 2016)

HI All,

I have recently appealed on my CSV application. 
As i am hearing that its take more time to get outcome.

Please advise if i can apply for fresh application for the same again as my visa is already expired and i cant wait long.

any help is much appreciated.


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## CSVindia (Nov 28, 2016)

Srihith said:


> HI All,
> 
> I have recently appealed on my CSV application.
> As i am hearing that its take more time to get outcome.
> ...


Which Visa of yours has expired?
Are you in SA or India?
What did your visa get rejected?


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## aliimran20 (Nov 16, 2016)

Srihith said:


> HI All,
> 
> I have recently appealed on my CSV application.
> As i am hearing that its take more time to get outcome.
> ...


I think you can't run two in parallel. Better apply for fresh instead of appeal.


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## Srihith (Dec 7, 2016)

Thanks for reply but how can i cancel me appeal?


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## aliimran20 (Nov 16, 2016)

You will have to enquire with VFS. Mine CSV too just got rejected.


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## kumbulanit (Jul 19, 2017)

Hi 
i also have an appeal that is pending from Jan 2016 for critical skills visa,i am zimbabwean based in south africa at the moment , and when i made the appeal the right documentation was there, my question is can just reapply for a new application from country of origin, since i have all the documentation present.
its so frustrating because even the travelling is a mission , they say ypu cant cross the border if you have a pending application.


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## Ebenezar1 (Jun 30, 2016)

You need to follow up on your appeal. 18 months is too long. send an email to the DG and the minister. call them etc you will definitely have it in a month. DHA is sloppy but if you follow up they do deliver.


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## kumbulanit (Jul 19, 2017)

Ebenezar1 said:


> You need to follow up on your appeal. 18 months is too long. send an email to the DG and the minister. call them etc you will definitely have it in a month. DHA is sloppy but if you follow up they do deliver.


 Thank you for the response how can i get the email or contact details for DG and is this just DG in general or DG for appeals
?


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## Ebenezar1 (Jun 30, 2016)

Send an email to Mkuseli Apleni he's the Director General for home affairs. The buck stops with him. Hes helpful. His email is on the DHA website. Also copy in the minister as well in the email you must put your timelines and relevant reference numbers.

You can get all contacts and emails on the DHA website.


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## hustlebunny (Oct 8, 2015)

kumbulanit said:


> Hi
> i also have an appeal that is pending from Jan 2016 for critical skills visa,i am zimbabwean based in south africa at the moment , and when i made the appeal the right documentation was there, my question is can just reapply for a new application from country of origin, since i have all the documentation present.
> its so frustrating because even the travelling is a mission , they say ypu cant cross the border if you have a pending application.


LOL @ fresh application in Zim. Why can't you travel? Is that not for non-visa exempt countries? As in you always need a visa to get in - no days at the border etc.


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## alcync (Sep 7, 2017)

Srihith said:


> Thanks for reply but how can i cancel me appeal?


It seems the two can run in parallel. Am facing the same dilemma. My appeal for PR was finally approved and i had submitted a new application.

The result for the new application is also out. Now am not sure what will happen if the new application is also positive.


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## Youlanda (Oct 17, 2017)

What did u end up doing. I also want to do a fresh application after being rejected


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## hisseine (Nov 19, 2018)

*MR*

Hi everyone,

I applied for visa renewal in South Africa in October now I was notified that my application is rejected for reason that I was issued with a visa to study at the University of Cape Town but I was studying English at a different institution.

if any advice?
To appeal the Home Affairs? or To apply from abroad in my country?


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