# Urgent: Advice much appreciated - re: Appeal



## TheViking (Jan 5, 2015)

Hi there

I/we could really need some advice. A good friend of mine has an appeal waiting with the Home Affairs - for spouse visa. She was told it would take 10 weeks, but that does not seem to happen. At the moment she is here on tourist visa, which expires the 25th of Jan. Now the question is if she should stay and wait for the appeal or return to her home country. But is she not allowed to stay as long as the appeal is pending and then leave if rejected again?

It has big consequences for her to leave now - financially and personally - and prefer to stay and fight this thing out. We are aware she cannot leave the SA while appeal pending. But is it a too big a risk to stay?

Thank you.


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## Ylaw (Nov 26, 2014)

From what I understand; if your friend is lucky and her appeal is successful and she doesn't leave the country while her visa is expired -- then there shouldn't be a problem. The thing is that you're placing all your bets on this 'luck' and have no idea whether or not the appeal will be successful. What you do know is that if you overstay for more than 30 days is that you'll get banned for 5 years when this is registered at the border. 
With the new laws, you wouldn't be able to change your visa from tourist to spousal - so I think it is unlikely the appeal will be successful (do you know the reason for rejection)?

I am in a similar situation, where I really wished I could have my visa sorted out in SA, where I don't have to go through the trouble of going to my home country and leaving my family and friends behind; but the other side of the coin is that I can possibly face a 5 year ban. I realise I really don't want to be in the position of a 5 year ban and the possible financial costs in fighting this -- so I made the decision to arrange to go back to my homecountry for the time being. 

Unfortunately it's a matter of choosing the least unpleasant option, but it remains unpleasant :-\.

I've learnt to NOT trust and hope for a good outcome anything home affairs related, best to prepare yourself for a worst-case-scenario and have all your bases covered. 

If you have more information on the specifics of her application and why it was rejected, I'm sure some of the more knowledgeable members like LegalMan will be able to provide you a more specific answer.


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## LegalMan (Dec 26, 2012)

TheViking said:


> Hi there
> 
> I/we could really need some advice. A good friend of mine has an appeal waiting with the Home Affairs - for spouse visa. She was told it would take 10 weeks, but that does not seem to happen. At the moment she is here on tourist visa, which expires the 25th of Jan. Now the question is if she should stay and wait for the appeal or return to her home country. But is she not allowed to stay as long as the appeal is pending and then leave if rejected again?
> 
> ...


As others have said, it's a tough choice, and in effect you are running the risk that for a while she cannot travel. You do however have some time left - try your best to get the result of the appeal out before the 25th.


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## TheViking (Jan 5, 2015)

Thanks so much for your answers!

@LegalMan: How can we try our best to get it before the 25th?
The hired lawyer says she had tried to e-mail the head office... But is that enough?

The story behind the rejection is long. Short - Home Affairs messed it up (truly) - but I know that won't be taken into account from my own experience so far.

Guess it is down to be a high roller or not...


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## TheViking (Jan 5, 2015)

Bonus info: the original application was made before the new rules.


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