# Procedure change for extending a 1 year Critical Skills Visa???



## Klipspringer (Feb 21, 2015)

Hi there, I noticed yesterday for the first time that VFS have added a heading under documents required for the critical skills visa. It says CRITICAL SKILLS VISA (EXTENSION OF VISA INITIALLY ISSUED FOR 12 MONTHS). Under the heading there is a reduced list of documents that need to be submitted, i.e. it does NOT include the SAQA certificate and translation of degree, does NOT include proof of application for a certificate of registration with the professional body NOR a letter confirming your skills, etc. What you do need to submit is the work contract which has to state that the contract will only be valid if the applicant obtains a valid critical skills visa (this part doesn't really make a lot of sense, as the applicant obviously already has a valid CSV!) as well as a copy of your 1st visa, etc.

Up until now the advice I've read everywhere is that a person on a 1 year CSV should apply for renewal with the full list of required documents again, however now it seems one can apply only for a change of conditions with the reduced list of documents. Is this correct? And will they then issue you with a longer visa - 3, 4 or 5 years? 

Please advise!


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## Fynbos (Jan 8, 2015)

Hi Klipspringer,

The abridged requirements under the "EXTENSION OF VISA INITIALLY ISSUED FOR 12 MONTHS" heading will suffice. You should then be issued with a critical skills visa valid for five years.


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## Klipspringer (Feb 21, 2015)

Thank you! Do you know if an SA PCC that is just over 4 months old will be fine to submit? I was under the impression they are valid for 6 months, but now some folks say they are valid only for 3 months.


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## Fynbos (Jan 8, 2015)

Hi Klipspringer,

The SA PCC is still valid for 6 months. so you'll be fine.


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## Klipspringer (Feb 21, 2015)

Fynbos said:


> Hi Klipspringer,
> 
> The abridged requirements under the "EXTENSION OF VISA INITIALLY ISSUED FOR 12 MONTHS" heading will suffice. You should then be issued with a critical skills visa valid for five years.


Hi Fynbos, are you 100% sure about this? I just called VFS again this morning to clear up some little thing, but now the woman told me in fact the information the first VFS officer gave me was wrong, we do in fact have to submit the full list of documents. Our appointment is on Thursday and getting all documents ready would be a stretch! I don't know what to believe anymore. She said something about the first application not having been in SA, but nothing she said really made sense to me. E.g. she also said you can't extend a visa if your visa is still valid, which seems like crazy talk. Please help!!


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## Fynbos (Jan 8, 2015)

Hi Klipspringer, yes, we are certain. The individual you spoke to sounds as if they misunderstood the situation. When booking your VFS appointment, you should have also been presented with a checklist of documents that reflects what is outlined on the VFS website, namely:

CRITICAL SKILLS WORK VISA (EXTENSION OF VISA INITIALLY ISSUED FOR 12 MONTHS)

SECTION 19(4) OF THE ACT

*Duly completed online form. Handwritten forms will not be accepted by Department of Home Affairs.

Passport valid for no less than 30 calendar days after expiry of the intended visit.

Police clearance certificate (Not required if person has been in the Republic for less than 12 months at the time of extension)

Contract of Employment or Offer of Employment signed by both applicant and the employer 
stating the condition that the contract will only be valid provided the applicant obtains a valid critical skills work visa)

A written undertaking by the employer accepting responsibility for the costs related to the deportation of the applicant and his or her dependent family members, should it become necessary

A written undertaking by the employer to ensure that the passport of his or her employee is valid at all times for the duration of his or her employment

Proof that the applicant falls within the critical skills category by specifically indicating the occupation/critical skill for which the application is being made. The occupation/critical skill must be on the Critical Skills list.

Copy of the Critical Skills Work Visa recently issued to the applicant for 12 months.

Proof of payment of the applicable fee*

Hope that helps.


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## Klipspringer (Feb 21, 2015)

Hi Fynbos, thank you for your reply! I really appreciate it. However, the checklist we downloaded from the VFS website where we registered lists all the documents for critical skills - it is not the abridged list. This is the reason I called VFS, because I thought it was weird that the checklist was incorrect. We completed the online form for TRP, change in conditions, critical skills, as we were advised to do. My partner was given his 1 year critical skills visa to look for a job for a period of one year, in Rome last year.


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## Fynbos (Jan 8, 2015)

Hi Klipspringer, I'm not sure who advised you to fill in the "change of conditions" application form - as an extension of this nature is traditionally done through the "Application for Renewal of existing visa (DHA – 1739)" form. That's why the forms they've requested do not match those indicated on the VFS website.


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## Klipspringer (Feb 21, 2015)

VFS themselves advised me to apply for change of conditions the first time I called. I mentioned this in my first post in this thread. (That now it is no longer a renewal but instead a change in conditions. Also, if you look at the list of required documents under renewal on the VFS website, it is the long list of documents) :-(

So what do we do now? Can the visa category be changed or are we about to lose a lot of money again?


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## Fynbos (Jan 8, 2015)

Hi Klipspringer, can I ask which VFS your appointment is at? If you're in Cape Town, we're happy to help out. If elsewhere, I'd recommend going into VFS and speaking to a VFS manager and explaining your situation. In the past, we have been able to link payments from an old application to a new application.


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## Klipspringer (Feb 21, 2015)

Hi Fynbos thank you, I have done that and they have linked the payment for me, however after I made the appointment and downloaded the checklist it still gives only the full list of documents rather than the abridged list. Both Willie Stephens and Cecil van Rooyen have sworn on their lives that the correct category to apply under to extend the 12 month critical skills visa is a Renewal, and yet it still gives me the full checklist. Cecil van Rooyen says the checklist is just incorrect but the category is definitely correct. So we just need to bring the abridged list of documents and explain to the VFS officer that the website gave the wrong list. I don't know what to think anymore.


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## Fynbos (Jan 8, 2015)

Hi Klipspringer, we can concur that Cecil is in fact correct. For whatever reason the checklist seems to contradict the VFS website itself. We have done many CSV renewals through VFS, and the abridged list of documents is all you require. For peace of mind, it might be worth printing out the webpage with said list, and bring it with you to your appointment. If you're submitting in Cape Town, we can assist in liaising with VFS, otherwise, good luck!


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## maitatetina (Feb 15, 2016)

Fynbos said:


> Hi Klipspringer, can I ask which VFS your appointment is at? If you're in Cape Town, we're happy to help out. If elsewhere, I'd recommend going into VFS and speaking to a VFS manager and explaining your situation. In the past, we have been able to link payments from an old application to a new application.


This was my experience:

I have a CSV valid till June this year. I filled in the renewal of visa form and they said I should have used the extension of visa form but took it in anyway. However in addition to the abridged list I was advised to also bring proof of registration, confirmation from professional body certificates.


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## Kickagainstxenophobia (Feb 9, 2016)

Ok guys. Goodnews!!

I got my appeal decision today from VFS and I was given 5 years permit. There are no conditions attached to it that I have to work for a particular company. So I can work for any computer any I choose to. 
Am so very happy guys. 
God help us all!!! And for those that are still waiting for appeal outcome, hang in there. The Lord is ur strength and trust in HIM.


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## maitatetina (Feb 15, 2016)

Kickagainstxenophobia said:


> Ok guys. Goodnews!!
> 
> I got my appeal decision today from VFS and I was given 5 years permit. There are no conditions attached to it that I have to work for a particular company. So I can work for any computer any I choose to.
> Am so very happy guys.
> God help us all!!! And for those that are still waiting for appeal outcome, hang in there. The Lord is ur strength and trust in HIM.


How long did it take for the appeal?


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## Klipspringer (Feb 21, 2015)

My partner's renewal (extension of critical skills visa initially granted for 12 months) was rejected because of "missing" two documents that was not on the abridged list of required documents he needed to submit. What is the point of a checklist if they're going to suddenly require extra documents that no one told you you needed to include?


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## Kickagainstxenophobia (Feb 9, 2016)

maitatetina said:


> How long did it take for the appeal?


The appeal took more than 1 year.


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## Kickagainstxenophobia (Feb 9, 2016)

Klipspringer said:


> My partner's renewal (extension of critical skills visa initially granted for 12 months) was rejected because of "missing" two documents that was not on the abridged list of required documents he needed to submit. What is the point of a checklist if they're going to suddenly require extra documents that no one told you you needed to include?


What are the documents required?


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## Klipspringer (Feb 21, 2015)

SAQA and professional body certificate. We were assured we only needed to submit what was on the abridged checklist. If you scroll up in the comments here you'll see that's also what Fynbos advised. Conclusion? DHA don't know what they're doing.


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## maitatetina (Feb 15, 2016)

Yea I was told for the part that says proof that you qualify for critical skills you need to submit your SAQA, professional body registration, letter confirming critical skills and recommendation letter from your boss or someone similar. My extension was rejected because of professional body registration. Although regualtion says "if required by law..." they still insist on it. I am a public health researcher and am not required by law to have registration for practice, but well.....


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## Klipspringer (Feb 21, 2015)

You misinterpreted which law they are talking about. Registration is required by the Immigration Act. The checklist for the extension if a 1 year critical skills visa is an abridged list which does not include these documents, we therefore did not need to submit them.


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## Kickagainstxenophobia (Feb 9, 2016)

maitatetina said:


> Yea I was told for the part that says proof that you qualify for critical skills you need to submit your SAQA, professional body registration, letter confirming critical skills and recommendation letter from your boss or someone similar. My extension was rejected because of professional body registration. Although regualtion says "if required by law..." they still insist on it. I am a public health researcher and am not required by law to have registration for practice, but well.....


You need to submit the recommendation letter from your professional body. My permit was rejected initially cos of this letter and it took over 1 year for appeal decision which turn out to be positive. I was given 5 years CSV. Now am sesrching for job in my CSV category or something similar.


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## Klipspringer (Feb 21, 2015)

CRITICAL SKILLS WORK VISA (EXTENSION OF VISA INITIALLY ISSUED FOR 12 MONTHS)

SECTION 19(4) OF THE ACT

Duly completed online form. Handwritten forms will not be accepted by Department of Home Affairs.

Passport valid for no less than 30 calendar days after expiry of the intended visit.

Police clearance certificate (Not required if person has been in the Republic for less than 12 months at the time of extension)

Contract of Employment or Offer of Employment signed by both applicant and the employer
stating the condition that the contract will only be valid provided the applicant obtains a valid critical skills work visa)

A written undertaking by the employer accepting responsibility for the costs related to the deportation of the applicant and his or her dependent family members, should it become necessary

A written undertaking by the employer to ensure that the passport of his or her employee is valid at all times for the duration of his or her employment

Proof that the applicant falls within the critical skills category by specifically indicating the occupation/critical skill for which the application is being made. The occupation/critical skill must be on the Critical Skills list.

Copy of the Critical Skills Work Visa recently issued to the applicant for 12 months.

Proof of payment of the applicable fee


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## LegalMan (Dec 26, 2012)

A lot has changed for the critical skills work visa over the last year or so. 5-year CSWVs are less common now and employers are usually included on the visa. Once you find work or change jobs you have to re-apply to get the name of the employer added to the visa. It's mighty irritating.


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## Kickagainstxenophobia (Feb 9, 2016)

No employer name was written in my CSV permit.


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## maitatetina (Feb 15, 2016)

I guess DHA will do what they do. I took that abridged list and was told to provide the extra docs by VFS, and it was on the basis of those extra docs that my application was rejected. Also, I have a colleague who appealed a similar decision by simply writing an affidavit stating that he is not required by law to register to practice - and they gave it to him! So....its a jungle out there really. 

"If required by law, proof of application for a certificate of registration with the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the national qualifications framework act;" - this cannot be referring to the Immigration law when it is contained in the Act itself? There are professions that are required to be registered for practice and if they practice with our registration they can actually be prosecuted: doctors, psychologists, nurses etc. Its not so for everyone. If I am not mistaken this regulation was there even when it was called Exceptional skills, but I just told them verbally that I am not required by law to register for practice. But then again that is my understanding...


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## Kickagainstxenophobia (Feb 9, 2016)

If u ever want ur permit out,just follow what DHA requested for, otherwise VFS will keep misleading you and others.


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## LegalMan (Dec 26, 2012)

Totally true, VFS is not totally reliable with advice.


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## Klipspringer (Feb 21, 2015)

maitatetina said:


> I guess DHA will do what they do. I took that abridged list and was told to provide the extra docs by VFS, and it was on the basis of those extra docs that my application was rejected.
> ..


That's exactly why I didn't want to include documents that were not asked for, as I have heard of people whose applications were rejected based on documents they included as extras, just in case. I didn't want that to happen!



maitatetina said:


> Also, I have a colleague who appealed a similar decision by simply writing an affidavit stating that he is not required by law to register to practice - and they gave it to him! So....its a jungle out there really.


I am sure a lot of the DHA personnel don't actually know what they are doing. There is a section in the Immigration Act that deals with critical skills visas, that contains a table with all the fields in the left column, and in the right column it says what is needed to apply for that field. For almost all of them registration with a professional body or council is listed as a requirement, except I think for sheep shearer and one other occupation. I think this table is where you're supposed to get the info on whether it is required by law (aka the Immigration Act), rather than if it is a legal requirement to have professional registration to be allowed to practice in your field, which is what most people would assume it means but the act is very ambiguous about. If the latter were true then no engineers would have to register with ECSA, as, believe it or not, it is not yet compulsory by law for engineers to be registered members of ECSA in order to work in their field, even though ECSA is trying to change this. I haven't yet heard of any engineer who got the visa without ECSA membership. I wish somebody would clarify this point though, but because of the ambiguity i think nobody CAN actually clarify it.


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## LegalMan (Dec 26, 2012)

Engineers constantly have huge issues due to the time it takes to register with ECSA.


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## Kickagainstxenophobia (Feb 9, 2016)

LegalMan said:


> Engineers constantly have huge issues due to the time it takes to register with ECSA.


Seconded !!


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## Oli_ (Apr 5, 2018)

Hi,

I have received an offer of employment in SA and signed the contract. I have a 12 months CSV that I need to extend to 5 years now that I have a contract.

Is it possible to start working before I obtain my CSV extension?

Also, is it possible to apply for an extension in South Africa with VFS given that the initial 12 months CSV was obtained at the SA consulate in my home country? I was told that the extension in my home country would take over 4 weeks and that I need to apply in person which is incompatible with my personal situation. 

Many thanks for your answers!

(Sorry for not creating a new thread but I keep getting error 500 when trying)


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## Tobyjoan (Jan 16, 2019)

*for nuses*

is this category applicable for nurses from India if so kindly help me with the procedure...


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## Tobyjoan (Jan 16, 2019)

kindly help me with the procedure, is this category applicable for nurses from India if so what is the criteria.


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