VISA AND PERMIT REJECTIONS APPEALS

When a visa or Permanent Residence Permit application is rejected, the Department of Home Affairs issues a detailed rejection letter. This letter outlines the reasons for refusal, which commonly include missing documents, failure to meet visa requirements, or other factors considered relevant by the adjudicating official.

Key Points About Rejection and Appeals:

Reasons for Rejection: Missing paperwork, non-compliance with eligibility criteria, or other case-specific issues.
Appeal Eligibility: Not all rejections can be appealed. Appeals are only possible if there are valid grounds to challenge the decision.
What is an Appeal: An appeal is a formal challenge to the Department of Home Affairs’ decision, arguing that the decision was incorrect or that the submitted documents were not properly considered.
Final Decision: After an appeal is submitted, the Department of Home Affairs holds the final authority to either approve the visa or permit with any specified conditions or uphold the original rejection.

Understanding these steps can help applicants navigate the visa or residence permit process more effectively.

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If you strongly believe that the Department of Home Affairs made an error or did not properly consider the documents submitted with your original application, contact our expert team today. We offer a thorough initial assessment to evaluate the feasibility of lodging an appeal and will advise you on the most effective next steps.

Important Considerations After Receiving a Rejection:

Carefully evaluate your options before deciding how to proceed.
Appeal applications require a strategic, methodical approach and must follow a precise structure to maximise the chances of success.
Professional guidance is highly recommended to navigate the complexities of the appeal process effectively.

If you need expert assistance with submitting an appeal to the Department of Home Affairs or want advice on your best course of action, please get in touch by completing the contact form below.

Frequently asked Questions (FAQ)

1. What are my options if my South African visa or permit application is rejected?

You may either submit an appeal against the rejection or submit a new application, depending on the reasons for the refusal. A professional assessment is strongly recommended to determine the best course of action based on your specific circumstances and whether the decision was procedurally or substantively flawed.

2. What are the most common reasons for visa rejections in South Africa?

Visa applications are frequently rejected due to missing or incorrect documents, non-compliance with visa eligibility requirements, submission errors, or adjudication errors by the Department of Home Affairs. Sometimes, incorrect interpretation of facts or law also leads to an unjustified rejection.

3. How does the visa appeal process work in South Africa?

Once a visa or permit is rejected, an appeal may be lodged with the Department of Home Affairs under section 8 of the Immigration Act. This entails submitting a detailed motivation for reconsideration, after which the Department may reverse the decision and grant the visa or uphold the rejection.

4. Should I reapply instead of appealing my rejected visa?

In certain instances, reapplying may be more effective than appealing—especially where the initial application was procedurally flawed or submitted abroad. However, if the rejection appears unjust or based on an error by the Department, an appeal is often the better route. Professional advice can assist in determining the optimal approach.

5. What if my appeal application is unsuccessful?

An initial appeal is not the final remedy under the Immigration Act. If the first appeal is unsuccessful, the Act permits submitting a subsequent appeal.

If the subsequent appeal also fails, the next step may involve taking the matter to court, provided there are sufficient merits to justify legal action.

At Xpatweb, our experienced litigation team specialises in preparing High Court applications in South Africa. We are well-equipped to assist you through this advanced legal process and help you explore all available options.

6. When should I consider lodging a formal visa appeal with the Department of Home Affairs?

You should consider lodging a formal appeal immediately after receiving a rejection letter, particularly if the refusal appears unjustified, factually inaccurate, or legally flawed. An appeal is appropriate where the application met all requirements but was refused due to clerical mistakes, misinterpretation of documentation provided, or administrative error. The appeal must be lodged within the timeframe stipulated in the rejection letter and must clearly outline the grounds for reconsideration, supported by relevant documents.

7. How can I ensure my visa application meets all legal requirements from the start?

To improve the chances of a successful application, ensure all mandatory documents are correctly submitted, adhere to the Immigration Act and Regulations, and account for recent policy guidance. In complex matters or high-stakes applications, it is prudent to seek expert immigration assistance to navigate the legal and procedural nuances.

8. How long does it take for a visa appeal to be finalised?

The appeal process may take anywhere from a few weeks to over 12 months, depending on the type of application, the complexity of the case, and the Department’s workload. While processing times have improved in recent months, delays may still occur due to systemic backlogs or administrative inefficiencies.

9. Can I legally remain in South Africa while my appeal is pending?

Yes, if the appeal is submitted within South Africa before your current visa expires, you are typically allowed to remain in-country pending the outcome. If your visa is still valid and you choose to leave South Africa, you can do so without being declared undesirable, but caution must be taken regarding your visa’s expiry date.

10. How effective is the visa appeal process in overturning rejections?

The visa appeal process can be highly effective, particularly where the initial rejection was due to a procedural error, incomplete assessment, or misapplication of the law. Appeals provide applicants an opportunity to clarify information, submit missing documents, and challenge flawed reasoning by the Department of Home Affairs. While outcomes vary, many appeals result in the reversal of the initial decision, especially when properly motivated and supported by comprehensive legal arguments and documentation.

CONTACT US

Full Name(Required)

Contact Number

Email Address(Required)

Please select the visa category you require assistance with:(Required)

How old is the child?(Required)

Does the child's parent/ guardian have valid status within South Africa?(Required)

What is your marital status?(Required)

What is the status of your spouse?(Required)

What is the number of foreign nationals you are looking to employ?(Required)

CS - Do you currently have a formal offer of employment from a registered South African company?(Required)

CS - What is your highest level of Education?(Required)

CS - What is your expected annual income for the position you have been offered?(Required)

CS - How many years of work experience do you have?(Required)

CS - Is your prospective employer a member of the Trusted Employer Scheme?(Required)

* Trusted Employers who have received this status form the DHA often meet the following criteria: - Have invested more than R100 million into the South African Economy - Employ more than 150 staff

CS - In which country did you complete your highest qualification(Required)

CS - What position have you been offered(Required)

CS - Do you have accompanying family members?(Required)

GWV - What is your highest level of education?(Required)

GWV - In order to qualify for a General Work Visa, you must have an offer of employment from a South African employer. What is your expected annual income for the position you have been offered?(Required)

GWV - How many years of work experience do you have?(Required)

GWV - Is your prospective employer a member of the Trusted Employer Scheme?(Required)

* Trusted Employers who have received this status form the DHA often meet the following criteria: - Have invested more than R100 million into the South African Economy - Employ more than 150 staff

GWV - Are you proficient in one of South Africa's 11 official languages?(Required)

ICT - Are you being sent on a secondment or assignment to South Africa?(Required)

ICT - Have you been employed in your current position for longer than 6 months?(Required)

ICT - What is the expected duration of your secondment/ assignment?(Required)

RV - What is your relationship to a South African citizen/ Permanent Resident?(Required)

RV - What is the expiry date of your current visa(Required)

RV - Are you currently residing in South Africa?(Required)

RV - Do you have an offer of employment from a South African employer?(Required)

RWV - Are you currently employed by a foreign entity outside of South Africa?(Required)

RWV - Do you earn an annual salary exceeding R650,000? (UDS $37,000 / EUR 33,000)(Required)

RPV - Do you have a monthly irrevocable income of at least R37,000? (*add)(Required)

RPV - Do you have a net worth of at least R1.8 million?(Required)

RPV - Do you intend on working part time or conducting business while in South Africa?(Required)

RPV - Do you have accompanying family members?(Required)

STWA - What is the duration of your assignment in South Africa?(Required)

STWA - Does your current employer support your work in South Africa?(Required)

SV - Do you have an enrollment letter from a recognized learning institution?(Required)

SV - What level of education will you be completing in South Africa?(Required)

VV - What is your intention in South Africa?(Required)

VV - What is you intended duration of stay in South Africa?(Required)

RNW - What visa do you currently hold?(Required)

Please specify other(Required)

What is the expiry date of your current visa(Required)

What is the expiry date of your current Critical Skills Work Visa?(Required)

What is the expiry date of your current Intra Company Transfer Work Visa?(Required)

PR - What Visa do you currently hold for South Africa?(Required)

PR - Have you received a permanent offer of employment?(Required)

PR - Do you have accompanying family members?(Required)

PR_CS - What is the expiry date of your current Critical Skills Work Visa?(Required)

PR_CS - Do you have accompanying family members?(Required)

PR_GWV - What is the expiry date of your current General Work Visa?(Required)

PR_GWV - How long have you resided in South Africa?(Required)

PR_GWV - Do you have accompanying family members?(Required)

PR_ICT - How long have you resided in South Africa?(Required)

PR_ICT - Have you been offered Permanent employment by a South African employer?(Required)

PR_RV - What is your relationship to a South African citizen/ Permanent Resident?(Required)

PR_RV - How long have you resided in South Africa?(Required)

PR_RV - Have you maintained your relationship with your South African partner/ South African PR holder?(Required)

PR_RV - How long have you resided in South Africa?(Required)

PR_RPV - Do you receive an irrevocable income of at least R37,000 per month (Rental income, dividends, interest, pension, ect )(Required)

PR_RPV - Do you have a net worth of at least ZAR 1,8 million(Required)

PR_VV11(6) - What is your relationship to a South African citizen/ Permanent Resident?(Required)

PR_VV11(6) - How long have you resided in South Africa?(Required)

PR_VV11(6) - Have you maintained your relationship with your South African partner/ South African PR holder?(Required)

PR_VV11(6) - How long have you resided in South Africa?(Required)

RV - What is the duration of your relationship?(Required)

PR_VV11(6) - What is the duration of your relationship?(Required)

Do you have an offer of employment from a South African employer?(Required)

RPV - Do you have a monthly irrevocable income of at least R37,000?(Required)

RPV - Do you have a net worth of at least R2.4 million?(Required)

RPV - Do you intend on working part time or conducting business while in South Africa?(Required)

RPV - Do you have accompanying family members?(Required)

Are you being sent on a secondment or assignment to South Africa?(Required)

PR - Do you have direct family members that are South African Citizens or Permanent Residence holders?(Required)

BV - Do you intend to establish or invest in a business in South Africa?(Required)

What type of business do you intend to operate or invest in?(Required)

BV - Are you able to invest a minimum of R5 million into the South African economy?(Required)

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GWV - Total Points(Required)

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VISA AND PERMIT REJECTIONS APPEALS

Key Points About Rejection and Appeals:

MORE INFORMATION

Frequently asked Questions (FAQ)

CONTACT US

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