Articles

Articles

05. Dec. 2022 SA Migration

Visa Appeal Process South Africa

It is incredibly heartbreaking to know that your application for a visa has been rejected by the Department of Home Affairs and not to imagine the anxiety you must be feeling at this point.
We understand all the effort you have dedicated towards this and now you need to deal with the rejection. It could feel like your dreams are crushed, but not to worry.
Today we are discussing the ins and outs of a refused visa and what you can do about it.
Before we get into the nitty-gritty, let us discuss something you should know before appealing.
What you need to know:
• What you need to know:
• South Africa visa rejection reasons
• How to appeal for a visa refusal in South Africa
o We recommend the following steps:
 Step 1: Read the refusal letter
 Step 2: Check your documents for any errors
 Things you need to check for:
 Step 3: Writing a refusal letter:
• What documents are required for a visa appeal?
• VFS Appeal Fee South Africa
o Submitting Abroad:
 Fees for an appeal:
• VFS appeal processing time
According to the immigration regulation sections 8(4) and 8(6), an applicant can appeal a rejected visa application.
The applicant has 2 chances to appeal, where the first appeal is sent to the Director General of Home Affairs and the second appeal is directly sent to the Minister of Home Affairs.
The applicant has 10 working days (weekends not included) to appeal the outcome and this regulation counts locally in South Africa including abroad at a South African embassy.
South Africa visa rejection reasons
There are many reasons why visas or permits are rejected but we will list here whatever springs to mind:
• The applicant does not qualify for the visa being applied for
• Omitted documents from the visa application
• Submitting with a fake existing visa
• The Department of Home Affairs incorrectly adjudicated the visa and misinterpreted the immigration act
• Did not satisfy all the requirements
• Submitting expired time-sensitive documents
• Submitting an application in SA on a visit visa
• Criminal record
• Mental or serious illness
These are just some of the reasons we could think of but there are many reasons why applicants’ visas could be rejected.
How to appeal for a visa refusal in South Africa
The first thing you would need to do is collect your outcome from VFS at the centre you initially submitted it.
At this point, you won’t know what the outcome of your is at this point.
Once you have received the outcome, you would have 10 days to submit the appeal.
We understand at this point you would be freaking out and feeling disappointed.
The relatives visa South Africa processing time can take about 5 months to process and a normal temporary residence visa could also take about 5 months.
We recommend the following steps:
Step 1: Read the refusal letter
You need to thoroughly read through the refusal letter to find out why your application has been refused. The Department of Home Affairs would cite the reason why your visa or permit application has been rejected and mention the 10-day time frame.
We recommend that you obtain or satisfy the reason why your visa or permit has been rejected.
Once you have completed this, we would advise you to navigate to the VFS website and print the list of requirements for the visa you are applying for.
Once you have the list, double-check your application against the list to see that you have all the required documents.
Step 2: Check your documents for any errors
The next thing you need to do is check every document for any errors.
Things you need to check for:
1. All your information is consistent throughout the application like names, surnames, passport numbers etc.
2. Ensure that all your documents are still valid and not expired medical, and radiology are not older than 6 months and certified documents are not older than 3 months.
3. Ensure that all documents are certified or notarised by a notary or commissioner of oaths.
4. All foreign qualifications must be accompanied by a SAQA certificate.
5. All letters and 3rd party letters are in the format that Home Affairs requires them to be.
6. Ensure that all 3rd party processes are complete and include proof thereof when applying for work visas.
Checking your entire visa application allows you to eliminate any errors which might lead to rejection again. So we want to eliminate any possible causes further down the line as we are only allowed to submit 2 appeals and wasting them would be detrimental to you.
If you do not qualify for the visa or permit you are applying for, then there is no way you can appeal it. You must seek an alternative visa which you qualify for and apply for it.
Submitting an application with a fake visa or you have overstayed your visa, then you must first rectify this by submitting an appeal for that and once this has been cleared from your name then only can you go ahead and apply for the visa.
Step 3: Writing a refusal letter:
You will need to write and sign your representation/motivation appeal letter which must include information that will assist the Director General or Minister in making a fair decision.
Your letter must contain the following:
• Address to the Department of Home Affairs Pretoria (Head Office)
• Date
• Addressed to the Director General or Minister
• Cite your response
• include signature
• Thank the Department
What documents are required for a visa appeal?
You can only appeal once you have collected the outcome of the refusal.
The following documents must be submitted:
• Completed VFS Online Form
• Have original documents on hand for verification while submitting photocopies for any visa/permit
• Valid passport
• Copy of the rejection letter from the Department of Home Affairs
• Copy of your passport and copy of your latest visa/permit that was issued to you
• Your written signed representation/motivation for an appeal in response to the rejection letter which includes any information that would assist the Director General or Minister to make an informed decision when considering your appeal.
• Supporting documents that you wish to include.
• Proof of the VFS funds paid.
VFS Appeal Fee South Africa
Once you are complete with your application and happy that it is 100%, the next step is scheduling your appointment with VFS to submit your appeal for processing.
Protip: If there are no appointments available within the 10-day mark, we suggest you go to VFS and insist that you want to submit.
VFS will not accept your appeal after the 10-day mark, they will simply refuse to assist you.
If there are appointments within the 10 days, we recommend that you book a slot and then submit your application.
Submitting Abroad:
Submitting a refusal appeal abroad works slightly different. If the South African embassy is not contracted to VFS then you would need to find out how they prefer submission for appeals.
Some South African embassies would request form 49 to be accompanied with your application.
Fees for an appeal:
VFS Fees ` R 1550.00
Home Affairs ` No fees
Remember to include your receipt within your application.
VFS appeal processing time
Your appeal could take anything between 5 months to nearly 2 years.
We advise that after 1 month of waiting, you follow up with them by consistently emailing them every week.
For example the relative visa South Africa processing time takes about 5 to 8 months because of Covid 19.
Once a week is enough as you do not want to irritate them. Set a reminder to mail them every Monday and include the following details in your email:
• You reference number (Include a scanned copy)
• Name & Surname
• Type of application
• When you submitted
Do this every week and you are sure to receive a reply from them. The most important thing is you need to be consistent. Even if there is no reply, you need to be consistent.
Contact us today to assist you with your immigration needs. We have years of experience working on overturning a refusal and we can give you the best advice for your situation. Refused applications do not need to be complex and let us take the stress out of the application for you this refusal will be a walk in the park for you,
Temporary residence refusal and permanent residence refusal are what we specialize in. Contact us today for our refusal service
How can we help you , please email us to info@samigration.com whatsapp message me on:
+27 82 373 8415, where are you now? check our website : www.samigration.com

Please rate us by clinking on this links :
Sa Migration Visas
https://g.page/SAMigration?gm

Alternatively , please contact us on :


Whatsapp Tel No : +27 (0) 82 373 8415 - ( Whatsapp messages only, No calls )

Tel No office : +27 (0) 82 373 8415 ( Whatsapp messages only, No calls )
Tel No landline CT : +27 (0) 21 879 5560
Tel No landline JHB : +27 (0) 12 880 1490
Tel No admin : +27 (0) 64 126 3073 ( Whatsapp calls only, No Messages )
Tel No sales : +27 (0) 74 0366127 ( Whatsapp calls only, No Messages )

www.samigration.com V.4565

31. Jan. 2023 SA Migration

Immigration Agents South Africa

What does an immigration consultant do? Table of Contents • What does an immigration consultant do? o Does South African Immigration Consultants need to be registered to assist me? o Am I guaranteed a visa through a South African Immigration Agent? o What can a migration agent do for me? o Is it necessary to make use of a South African Immigration Consultant to apply for visas or permits? o I’ve Been Scammed Before and really don’t trust an Immigration Consultant? South African Immigration Agents or South African immigration consultants are individuals who assist you in applying for any South African visa type or permit. You may have used an immigration agency before or choose not to make use of one depending on the budget. The use of an immigration firm means you were assigned an immigration agent or immigration consultant to handle your visa application. V.4654

Click here for full article
30. Jan. 2023 Groundup

Section 10 of Births and Deaths Registration Act `impairs dignity of unmarried fathers` ConCourt

Section 10 of Births and Deaths Registration Act has been declared unconstitutional. Getty Images • The Constitutional Court has declared a section of the Births and Deaths Registration Act unconstitutional. • The section does not allow an unmarried father to register his child`s birth under his surname, unless the mother gives consent or is present. • A ConCourt judge says there is no justification for differentiating between married and unmarried fathers. The Constitutional Court has declared section 10 of the Births and Deaths Registration Act - which does not allow an unmarried father to register his child`s birth under his surname, unless the mother is present or gives consent - unconstitutional. V.4632

Click here for full article
30. Jan. 2023 City Press

Is artificial intelligence beginning of the end?

Is this the beginning of the end for personalized creativity? If you spend enough time online, you would have seen the AI-generated pictures of black alternative people at a rave or maybe you’ve even created some fun AI art of your own in the recent past. AI, also called machine intelligence, is defined as a sector within computer science that primarily focuses on elevating, building and managing computerized technology. AI technology is also created with the intention of autonomously making decisions and carrying out actions on behalf of a human. V.4650

Click here for full article
30. Jan. 2023 Groundup

Children born abroad with one South African parent have right to citizenship, ConCourt

The Constitutional Court finalised a seven-year legal battle fought by Lawyers for Human Rights on behalf of four people born to SA parents outside the country. The case centred on the Citizenship Amendment Act of 2010 and how it applied to people born outside of South Africa before January 2013. Justice Sisi Khampepe slammed the Department of Home Affairs, describing its conduct in the matter as `brazenly incompetent`. Children born in other countries are entitled to South African citizenship as long as one parent is South African, the Constitutional Court has ruled. V.4651

Click here for full article
30. Jan. 2023 iol

Court asked to permit unmarried couples in life partnerships to claim maintenance when separated

The Western Cape High Court is being asked to develop common law legislation to permit unmarried couples in life partnerships to claim maintenance from one another in the event of a separation. As the law stands, the right is reserved only for heterosexual couples who are legally married. The development sought is aimed at providing a remedy for maintenance upon the termination of a permanent life partnership, in circumstances where the parties had undertaken reciprocal duties to support one another during the existence of the partnership. A woman, whose relationship with her partner and the father of her three children has broken down, is trying to claim maintenance from him. V.4652

Click here for full article
30. Jan. 2023 Business Day

Home affairs stuck in costly legal limbo, worsened by Covid

The Covid-19 pandemic has proven to be yet another stick in the spokes for the department of home affairs, further delaying processes that were already slow and inconsistent, and causing despair and disruption for thousands of people and businesses. In addition, an apparent lack of will to rectify the situation is costing the state millions in unnecessary legal fees as unsuccessful applicants head to the courts to appeal. V.4653

Click here for full article
27. Jan. 2023 Goundup

Court rules on unwed fathers

The Eastern Cape High Court in Gqeberha has found a regulation that was stopping undocumented fathers from being registered on their children’s birth certificates unconstitutional. The regulation affects the rights of thousands of children simply through the circumstances of their births, Judge Mbulelo Jolwana said. He said it was “irrational” and it had never gone through a parliamentary process. The rights of citizens cannot be subject to the whims or attitudes of officials in government offices, the judge said. V.4648

Click here for full article
27. Jan. 2023 iol

Court asked to permit unmarried couples in life partnerships to claim maintenance when separated

The Western Cape High Court is being asked to develop common law legislation to permit unmarried couples in life partnerships to claim maintenance from one another in the event of a separation. As the law stands, the right is reserved only for heterosexual couples who are legally married. The development sought is aimed at providing a remedy for maintenance upon the termination of a permanent life partnership, in circumstances where the parties had undertaken reciprocal duties to support one another during the existence of the partnership. V.4649

Click here for full article
26. Jan. 2023 Pretoria News

Court grants mother right to keep children in SA away from nomadic father in US

- A father of three who lives in Texas in the United States said to have subjected his children to a nomadic life and who is so controlling that he even watches his children’s weight lost his legal bid in a South African court to have his children returned to him. The father launched proceedings in the Johannesburg High Court in terms of The Hague Convention on the Civil Aspects of International Child Abduction Act, to have his children returned. The purpose of the Convention is to protect children from the harmful effects of their wrongful removal from the country of their habitual residence to another country, or their wrongful retention in another country. V.4647

Click here for full article
25. Jan. 2023 SA Migration

Legalization form 20, ask us how

How can we help you , please email us to info@samigration.com whatsapp message me on: +27 82 373 8415, where are you now? check our website : www.samigration.com V.4643

Click here for full article
25. Jan. 2023 SA Migration

ASYLUM SEEKERS PERMIT EXPIRED or NEW ONE needed, Don’t know what to do ?

Apply Now for Temporary Residence even with EXPIRED LOCKDOWN PERMITS The Constitutional Court handed down a judgement in the Ahmed matter as well as a Court Order opening the door for Asylum Seekers and Refugees to apply to change their status to temporary residence visa . Contact us now before this fantastic opportunity is lost . V.4644

Click here for full article
25. Jan. 2023 Pretoria News

SA born child leaves for Croatia with father after court rules against estranged wife

A South African-born child aged 13 will next week start school in Croatia after her father won a legal battle against his estranged wife to take his daughter with him while he assists Ukrainian refugees in that country. The child’s mother was shortly before Christmas ordered by the South Gauteng High Court in Johannesburg to allow the child to live with her father abroad. Judge Shanaaz Mia ordered the mother to sign all the necessary documents relating to her daughter’s relocation. If the mother refused to sign the documents, the sheriff of the court was entitled to do so on her behalf, the order read. Not only did the mother lose her battle for her child to remain here, but she was also instructed by the court to foot her husband’s legal bill. Judge Mia made it clear that the interest of a child will always prevail. In this case the child made it clear she wanted to go to Croatia with her father, with whom she had a better relationship. V.4645

Click here for full article
25. Jan. 2023 Pretoria News

Court grants mother right to keep children in SA away from nomadic father in US

A father of three who lives in Texas in the United States said to have subjected his children to a nomadic life and who is so controlling that he even watches his children’s weight lost his legal bid in a South African court to have his children returned to him. V.4646

Click here for full article
19. Jan. 2023 News24

Undocumented, unmarried fathers cannot be excluded from their children’s birth certificates

A regulation preventing the naming of a foreign, unmarried father who is in South Africa illegally on his child’s birth certificate is unconstitutional, the Eastern Cape High Court in Gqeberha has ruled. Judge Mbulelo Jolwana said the regulation, which provides that a foreign father of a child born out of wedlock must submit a copy of his valid passport, visa, permit, permanent residency, ID document or refugee identity document in order to be registered, was not only irrational but was contrary to the best interest of the child. It was also at odds with the Births and Deaths Registration Act which imposed no such rule. V.4641

Click here for full article
19. Jan. 2023 SA Migration

Spouse Required to be present on submission of life partner and spousal application

New development with respect to spouse / life partner application needs pictures of spouse/ life partner and applicant , the SA spouse must be physically present on day of application. No excuses. This info was sent to vfs today they will action wef 1 Feb 2023 . It will be signposted on website and offices accordingly . As an aside you and I will understand why, the fraudulent SA life partner s who cry foul and say they stole my ID when caught out will be exposed as well as the syndicates V.4642

Click here for full article
18. Jan. 2023 ABC news

German government seeks to ease rules for naturalization

BERLIN -- Germany`s socially liberal government is moving ahead with plans to ease the rules for obtaining citizenship in the European Union`s most populous country, a drive that is being assailed by the conservative opposition. Chancellor OIaf Scholz said in a video message Saturday that Germany has long since become “the country of hope” for many, and it`s a good thing when people who have put down roots in the country decide to take citizenship. “Germany needs better rules for the naturalization of all these great women and men,” Scholz said. V.4639

Click here for full article
18. Jan. 2023 city press

Life in SA through the lens of a Zimbabwean

For 12 years, Zimbabwean Martha Muhamba* has had to find a way to ensure that she remains in South Africa because, when she moved to the country in 2010, her mission was to `find work, make money` and send her child `to a decent school`. While Muhamba has been able to find employment since her first year in South Africa, the 42-year-old tells City Press that she has never been in possession of a work permit and the only documentation she has is her Zimbabwean passport, which she has managed to keep valid with border post stamps, even though she has not left South Africa for more than a decade. V.4640

Click here for full article
17. Jan. 2023 SA Migration

Who needs a South African visa?

Anyone traveling to South Africa will need a visa to enter the country; be it for a holiday, visiting family, joining a partner, living, working, or studying. However, some countries are exempt from this rule. When traveling with a child under 18, you should always check the current South African visa requirements and child policy as these sometimes change. From 8 November 2019, for instance, foreign children traveling with their parents no longer need to present parental consent letters or birth certificates. Nonetheless, it can’t hurt to keep a parental consent letter and birth certificate handy just in case. V.4634

Click here for full article
17. Jan. 2023 SA Migration

Temporary Residence Visa (TRV)

While processing times for visas under this category vary, they typically take up to 60 business days from the date of submission. However, it can take up to 10 days to process the Visitor’s Visa and Holiday Visa. When applying for a Temporary Residence Visa, you must meet the following criteria: • Hold a valid passport with at least two blank pages, which only expires a month after your intended departure date from South Africa • Ensure your temporary residence permit remains valid • Submit the online application and required documentation at any VFS.Global visa facilitation center or at the South African embassy in your country of residence or citizenship V.4635

Click here for full article
17. Jan. 2023 SA Migration

Business Visa

South Africa is a country that welcomes much-needed foreign investment. Therefore, a section of South African immigration legislation deals specifically with foreign individuals wishing to conduct business in the country or invest in a South African company. If you are trying to start your own business, take over an existing business, or invest in a company in South Africa, you need to apply for a Business Visa. Furthermore, you will need to invest a prescribed financial capital contribution, and at least 60% of your workforce needs to be South African. V.4636

Click here for full article

Visa Categories

Head Office

Cape Town, Tel : +27 (0) 82 373 8415

South Africa , Tel : +27 (0) 74 036 6127

Email : info@sami.co.za

Download Brochure About South Africa

Articles

31. Jan. 2023 SA Migration

Immigration Agents South Africa

What does an immigration consultant do? Table of Contents • What does an immigration consultant do? o Does South African Immigration Consultants need to be registered to assist me? o Am I guaranteed a visa through a South African Immigration Agent? o What can a migration agent do for me? o Is it necessary to make use of a South African Immigration Consultant to apply for visas or permits? o I’ve Been Scammed Before and really don’t trust an Immigration Consultant? South African Immigration Agents or South African immigration consultants are individuals who assist you in applying for any South African visa type or permit. You may have used an immigration agency before or choose not to make use of one depending on the budget. The use of an immigration firm means you were assigned an immigration agent or immigration consultant to handle your visa application. V.4654

Click here for full article

Testimonials

Testimonials are the best way we can show how satisfied our clients are with us and they are our best advertisement. Just look what our clients have to say about SAMI!

"This is so great, I have now been out and gotten us not only one but two bottles of Graham Beck! At least one of the glasses will be drunk as a salute to you and Rod and everyone else at SAMI!

Thank you so much for all your help, your help has really been more than invaluable to us!"

Jennifer and Jimmy Wahlberg - Sweden
Read More

Free Newsletters

Newsletters are always the best way to keep our clients informed of the rapid changes in the immigration world and we can update you in this regard by you subscribing to our free newsletter.

SAMI issues a monthly Newsletter to update you on topical immigration and related matters that we believe you should be aware of especially with regard to the procedures and rules pertaining thereto. These newsletters will provide you with useful information on any aspect of life related to immigration and relocation. If you are interested in a visa or just to visit you should subscribe to the Free Newsletter service of SAMI.

Enhance your knowledge
Get Subscription