Rejection and Appeals: What to do when your application has been rejected. - Page 2

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Rejection and Appeals: What to do when your application has been rejected. - Page 2


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Old 24th March 2015, 01:12 PM
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Hi
I have just found out my PRP application based on having a SAC child < 2 years old will probably be rejected due to my baby not being able to support me (I am a UK citizen).
***What can I do to prepare to appeal, I want to submit an appeal as soon as the rejection comes though.
I have lived in SA on work permits for 10+ years now, my wife is a SA citizen also so I think I have good ground for appeal.

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  #12 (permalink)  
Old 24th March 2015, 01:42 PM
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Quote:
Originally Posted by hopwon View Post
Hi
I have just found out my PRP application based on having a SAC child < 2 years old will probably be rejected due to my baby not being able to support me (I am a UK citizen).
***What can I do to prepare to appeal, I want to submit an appeal as soon as the rejection comes though.
I have lived in SA on work permits for 10+ years now, my wife is a SA citizen also so I think I have good ground for appeal.
Hi Hopwon

When did you apply for the PRP? if you applied after the 26th of May 2014 then unfortunately the decision will be correct. The Law is clear on that point and after some extensive deliberations with some colleagues and DHA officials, it is not a mistake and neither is it unconstitutional. Perhaps the solution in your case would be to resubmit on another ground, perhaps a Spouse ground, we would have to look at it closely.

I have devised a clever way around the financial assurance bit which will definitely blow the Departments mind but for Intellectual Property protection reasons will not share this on an open platform, but a solution does exists
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  #13 (permalink)  
Old 24th March 2015, 02:05 PM
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Quote:
Originally Posted by Tony556 View Post
Hi Hopwon

When did you apply for the PRP? if you applied after the 26th of May 2014 then unfortunately the decision will be correct. The Law is clear on that point and after some extensive deliberations with some colleagues and DHA officials, it is not a mistake and neither is it unconstitutional. Perhaps the solution in your case would be to resubmit on another ground, perhaps a Spouse ground, we would have to look at it closely.

I have devised a clever way around the financial assurance bit which will definitely blow the Departments mind but for Intellectual Property protection reasons will not share this on an open platform, but a solution does exists
Hi Tony556
It was after May last year (July actually) I am furious with my current immigration consultant, even after querying him about this issue this week, he did not know about the DHA rejecting applications.

So can I appeal on the fact my son cannot support himself and if I am unable to remain in the country then he will have to go to an orphanage?!

My immediate issue now is that my current work permit will expire before I can get to VFS (first available appointment is in May) to lodge an application for an extension on my current permit.

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Old 25th March 2015, 08:21 AM
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Hi Hopwon

I am afraid that appealing the rejection will be a futile attempt as the law make that point clear. The SA Citizen/ PR Holder must be able to provide financial assurance to support the foreign applicant.

When will your work permit expire? If it is just the submission you need assistance with i can possibly help you, if you are in Cape Town that is, I can bring you in on one the submissions we are doing this week and next week.

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Old 25th March 2015, 08:34 AM
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Hi Tony. Can you pm me your contact details please?

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Old 1st April 2015, 10:47 AM
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Hi hopwon,

What work visa are you on?,One must be careful before paying someone to assist you in your application, as it appears your visa is due to expire this month? If it is a General work visa, you would need to go through the Department of Labour before submitting your extension application.

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Old 21st April 2015, 10:08 AM
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VFS have very less trained staffs
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Old 21st April 2015, 03:33 PM
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Default Appeal Successful

Hi Tony556
FYi, I received the result of my appeal last week which was positive. I have finally been able to renew my TRP for another 2 years.
I was going nowhere w/ DHA so I decided to get everyone involved I could think of .
I thought the following approach might be of interest to others in the same situation:
1. I hired an immigration consultant looking into the status of my application through one of his contact at DHA (not too expensive. ~ R700).
2. I contacted the DA (Democratic Alliance) office asking them for some help. They have a shadow minister of HA, etc.. they escalated my appeal for me w/ DG-DHA . contact DA's Tanya Samuels at [email protected]
3. I contacted the personal assistant of the Minister of HA directly who forwarded my request (cced to me) directly 2 two DHA staff. contact the Minister's Administrative Secretary, Nobuhle Mazibuko, at [email protected]
4. Through a friend of mine, my Appeal application was escalated to DHA head office to one of the manager (private contact).

I have no idea which one worked a the end but nevertheless it took only a week by the time I started the process of pulling strings in all directions.
This, of course was 4 months overdue and no excuse from DHA for their arbitrary decision to reject my original application in the first place.

I hope this will be of some use to some

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Old 21st April 2015, 03:39 PM
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Well done congratulations!!!

When did you original lodge the appeal?

Also I don't know if you are allowed but can I have the name of the immigration consultant?

I am beyond desperate to finalize my visa...

All the best

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Old 21st April 2015, 05:06 PM
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Hi Moto80,
I applied for my visa renewal (TRR) last October, received rejection letter at the end of November (only found out in January when my Visa expired). submitted my appeal in mid January (3 months ago).
Not sure about giving you the name of my immigration consultant since he is based in CPT. No idea if he was instrumental in speeding up the process. I hired him back in January but it seems to have taken him sometime to get things sorted unless the resolution of my appeal came from my other leads. I would strongly suggest you try first the DA and HA Ministry routes.

Good luck
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