VISA AND PERMIT REJECTIONS APPEALS

When an application for either a visa or a Permanent Residence Permit is rejected, the Department of Home Affairs provides a rejection letter detailing the reasons, which may include, amongst others, missing documents, non-compliance with visa requirements and/or other factors deemed relevant by the adjudicating official. It is important to note that not every adverse decision can be appealed; there must be sufficient grounds for an appeal. An appeal is effectively challenging the decision made by the Department of Home Affairs on the basis that the decision made was either erroneous or the Department of Home Affairs did not adequately consider the documentation submitted along with the application which was rejected. Once an appeal is submitted, the Department of Home Affairs has the final authority to either grant the visa or permit, including specific conditions endorsed thereon, or uphold the rejection.

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Should you firmly believe that the Department of Home Affairs erred or did not adequately consider the documentation provided with your initial application, please contact us. Our team of experts will conduct an initial assessment on the feasibility of submitting an appeal and advise you on the best course of action.

When a rejection is received, it is important to decide on the best course of action. Please consider the following:

Appeal applications require a methodological approach and must adhere to a specific structure to ensure the optimum chance of success. As such, we recommend that seeking the assistance of professionals to guide you through the appeal process. Should you require any assistance with submitting an appeal to the Department of Home Affairs or on the best course of action, please reach out to us, by submitting the contact form below.

Frequently asked Questions (FAQ)

Are there any alternatives to submitting an appeal application?

Submitting an application afresh remains an alternative. However, depending on your personal circumstances and especially the place of submission, it is advisable to seek the assistance of professionals to plot out the best course of action.

What if my appeal application is unsuccessful?

An initial appeal is not an exhaustive remedy, and the Immigration Act allows for a subsequent appeal to be submitted, should the initial appeal prove unsuccessful.

Should the subsequent appeal prove unsuccessful, the next step would involve approaching the Court to further assist, provided there is adequate merits.

Our litigation team at Xpatweb has extensive experience in preparing applications made to the High Court of South Africa and can most assuredly assist in this regard.

Should I rather submit a new application?

The answer to this question depends largely on your prevalent circumstances and specifically the reason(s) provided for the rejection and the period your current visa will remain valid for should you wish to continue your current sojourn in South Africa. As such, we recommend scheduling an initial consultation to assess same and provide you with the best way forward.

CONTACT US

Full Name(Required)

Contact Number

Email(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)

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

What is your highest level of Education?(Required)

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

What position have you been offered(Required)

Do you have accompanying family members?(Required)

What is your highest level of education?(Required)

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)

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

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

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

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

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

What is the duration of your relationship?(Required)

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

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

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

What is your intention in South Africa?(Required)

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

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

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

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

Do you have accompanying family members?(Required)

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

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

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

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

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

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

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

What visa do you currently hold?(Required)

Please specify other(Required)

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

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

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

Do you have accompanying family members?(Required)

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

Do you have accompanying family members?(Required)

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