Rejected Visas Cause Foreign Nationals Frustration

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The dilemma of a rejected visa would usually have two avenues of recourse, filing for an appeal or submitting a new application. However, these routes have become a monumental challenge for visa applicants. The backlog of over 60,000 visa applications and an unprecedented number of rejections have made the avenues for overcoming a rejection difficult to navigate.

These tricky waters have left many applicants with limited options and unsure of where to turn next.

Backlog woes

The backlog within the Department of Home Affairs (DHA) has persisted reaching an outstanding 62,692 applications. The Minister of the Department of Home Affairs, Dr  Aaron Motsoaledi confirmed this number on 29 March 2023 when he announced the second extension for long-term visa holders with pending applications, which aimed to quell this backlog.

However, as it stands, delays continue to persist, especially as the DHA’s resources are now under undue strain. Marisa Jacobs, Managing Director at Xpatweb, says that the backlog and the growing pressure within the DHA could very well be the cause of the increased number of rejections.

Mounting rejections

The reason for rejected visas ranges from allegedly not meeting certain prescribed requirements, or due to oversight from adjudicators. There is, however, an unprecedented amount of rejected visas in recent months, and Jacobs confirmed that they have “never seen so many rejections” in the market.

Further, many rejections seem to be based on arbitrary grounds. Xpatweb has seen several rejected visas stating that the application was filed under the incorrect category, despite this not being the case, documentation not included in an application when evidence is to the contrary etc. There are also frivolous rejections, and it appears that the quality of adjudication has deteriorated significantly.

Unfortunately, this has made matters far more complex for visa applicants.

Avenues for rejected applicants blocked

Before the backlog, the setback of a rejected visa application was overcome via the appeals process or by submitting a new application. However, as many applicants have an expired status covered by the concession, they do not have viable status to submit a new application.

Their only recourse, then, is to apply for an appeal within 10 days of receiving the outcome. Unfortunately, due to the large number of rejections, the volume of appeals has subsequently increased, placing the DHA appeal section under pressure.

This has resulted in another backlog, this time within the appeals department, and a delay in appeal approvals.

While the hurdles hindering foreign nationals are concerning, all is not lost.

Light at the end of the tunnel

To overcome the challenges of the appeals process, visa applicants should have a strict roadmap and an appeals strategy, which may include –

  • Make it clear where and how the adjudicator has incorrectly rejected the application;
  • Outline any urgency;
  • Be clear, simple, and easy to understand;
  • Include any supporting documents for the adjudicator to review; and
  • Make sure the submission is “litigation ready” standard.

A way forward

Whilst foreign nationals continue to face hurdles due to the backlog and increased number of rejections, there are still avenues available to them via a strict appeals strategy and application roadmap.

Additionally, with the assistance of immigration experts, applicants may find it easier to navigate the application process. Experts in the field can provide the most optimal solutions, and they can best advise when and if an applicant requires a legal approach.

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DHA Extends ZEP Again… But Is It Enough?

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While this provides ZEP holders an additional six months to apply for a mainstream visa, as the Minister reemphasized in his announcement, many remain wary as they may still face several speedbumps on their journey to eventually obtaining South African residency.

Extension creates breathing room

The looming deadline of 30 June 2023 placed extensive pressure on both the Department of Home Affairs (DHA) and the limited VFS offices assisting ZEP holders. Both saw an uptick in mainstream visa and other special applications, with the latter now facing between 1,000 and 1,500 applications daily. This wave was felt across the board, with Xpatweb having also seen an increase in the number of families and businesses seeking to change ZEP statuses to mainstream visa categories.

While this shows that Zimbabwean nationals have heeded the call from the Minister to apply for alternative visas, such as General Work Visas and Critical Skills Visas, the slow processing times have left many concerned.

The six-month extension, along with the deployment of more officials to assist in processing applications, allows for the DHA and VFS to better work through these applications. Additionally, it offers a greater timeframe for Zimbabwean nationals to pursue a different visa option on their route to South African residency, should they be eligible to do so. However, this road may not be clear just yet.

Court Cases

The ongoing court cases by the Zimbabwean Immigration Federation and the Helen Suzman Foundation, together with the Consortium for Refugees and Migrants in South Africa, against the Minister continue to cause concern for many ZEP holders. The reality is, regardless of whether the court cases are won or lost, the losing party will most likely appeal the outcome.

While an appeal may leave some Zimbabwean nationals in limbo, those who are applying for mainstream visas may very well have created a long-term sense of certainty for themselves.

Backlog woes

Unfortunately, one hurdle that is not easily overcome is the backlog within the DHA. The department has faced a seemingly ever-worsening backlog since 2016, and by 2023, it reached nearly 63,000 pending applications, slowing down the processing times of applications for ZEP holders.

While the Minister announced that more resources have been deployed to assist in both the backlog and ZEP special applications, there seems to be no end in sight for these backlog woes.

VFS capacity and application costs

Solutions to a few hurdles have unfortunately not been considered in conjunction with the extension, such as capacity within VFS centres and the costs of the mainstream visa application process.

As it stands there are little to no VFS booking slots available and it appears that there are too many bookings for available slots which the VFS centres cannot accommodate. While this continues to show the eagerness of ZEP holders to apply for and obtain their special applications and visas, the extension may not be enough to curtail limited availability within VFS.

Further, there remain unplanned costs throughout the various stages of ZEP holders seeking to change their status. These unforeseen costs often place the process out of reach for many.

Are six months sufficient?

The six-month extension on the validity of ZEP permits remains a welcomed decision, as it allows ZEP holders more time to receive an outcome on any pending applications and it grants many the ability to begin the special application or mainstream visa process, despite the few roadblocks that remain.

Now is the opportune time for businesses with and families of ZEP holders to apply for a qualifying Mainstream visa or special application and to ensure they have a well-planned roadmap. A good roadmap ensures first-time accurate applications and avoids delays and/or rejections.

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Standard Bank and Xpatweb Event Provides an Update on South African Immigration Challenges

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The session covered the following topics:

  1. Available options if you are waiting for an outcome from the Department of Home Affairs;
  2. The implications of the extension issued by the Department of Home Affairs on pending applications; and
  3. An update on Zimbabwe Exemption Permits (ZEP).

Michelle acknowledged that immigration matters can be challenging and involved, and this is why Standard Bank has partnered with Xpatweb to assist its clients to deal with such matters.  The hot topic of discussion remained the ZEP system and the uncertainty on the way forward, alongside the visa concession and clarifying who indeed qualifies for it.

Visa backlog and dealing with overdue applications

In the first part of the webinar, Marisa articulated the Department of Home Affairs’ decision to withdraw the central adjudication system, leading to the current visa backlog. In his written statement announcing the new visa concession extension to 31 December 2023, the Minister of Home Affairs confirmed that this backlog was made up of 62,692 applications.

Marisa went on to discuss who qualified under the new visa concession extension, highlighting the following categories:

  • Applicants whose waiver application outcomes are still pending as of 31 March 2023 are granted a temporary extension until 31 December 2023.
  • Applicants whose visa applications (long-term visa holders) are still pending are granted a temporary extension until 31 December 2023.
  • Short-term visa holders whose visa validity was issued for less than 90 days, and who have not received an extension by 31 March 2023, must depart on or before 30 April 2023, to avoid being declared undesirable.

She also showed attendees which categories are not covered by the concession:

  • Any pending applications at Embassies.
  • Limited cover for short-term visa holders.
  • ZEP holders, even where there is a pending application.

It was acknowledged that the concession was ambiguous in some cases, and the importance of understanding whether one is covered by the concession or not was highlighted.

Marisa provided guidance on the documents which one should carry if they are covered by the concession and are travelling outside South Africa, to avoid challenges with being admitted back into the country. These documents include:

  • The original VFS Global receipt; and
  • The concession letter.

Following this Marisa noted that where one’s application is urgent or overdue, which was the case for 68% of webinar attendees, they may consider legal action to expedite their application. She mentioned that Xpatweb has been successful in the past when escalating clients’ urgent applications to the High Court, where the urgency of the application is supported by facts.

Impact on Zimbabwe Exemption Permit Holders

The second part of the session dealt with ZEP holders and the ongoing court case against the termination of the ZEP, where the judgement was reserved on 14 April 2023. Currently, ZEP holders have until 30 June 2023 to apply for a mainstream visa or a special application to the Minister for exemption. The ongoing court case has slowed down the approval of these applications.

On the positive side, it appears that the Department of Home Affairs has started processing special applications, with Xpatweb receiving its first approval on 3 May 2023.  Whilst this is positive, Marisa did note that the future of ZEP permits remains uncertain, as it is likely that irrespective of the outcome, there will be a process to appeal the outcome.

Marisa shared a few recommendations to employers of ZEP holders on how to best manage this situation, such as validating the authenticity of ZEP permits (same is applicable for refugee and asylum permits). She further noted that Department of Labour audits are continuing and that all businesses should be geared for this by performing an internal work visa audit.

Further, she, like the Minister of Home Affairs, encouraged ZEP holders to continue applying for alternative mainstream visa categories, such as temporary residence visa including, work, study and spousal visas. Both encouraged those who do not qualify for a mainstream visa to apply for a special application, which opens the door to applying for a General Work visa.

Closing

With the continued challenges for all new applications for all long-term mainstream visas, Marisa concluded by highlighting the need for individuals and businesses to develop a well-defined strategy and roadmap to deal with ongoing and upcoming applications. A well-defined roadmap and strategy will assist in guiding applicants and businesses through this tumultuous process, and it will prepare those already covered by the concession and new applications for any seemingly unexpected requests.

With the complexities of the changing South African immigration landscape, Standard Bank and Xpatweb will be holding another session on this topic on 13 June 2023.

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