Home Affairs slammed over visa rejection rate despite clearing backlog

Backlog Bomb Squad’ misfire? DHA staff are reportedly under pressure to meet processing quotas.

One immigration agent reports eight out of 10 of his clients were rejected.
Minister of Home Affairs Leon Schreiber recently celebrated clearing a 306 000 visa backlog with the help of a “Backlog Bomb Squad” but immigration agents say this comes with a huge visa rejection rate – up to 80%, according to one.
“I have five high-net-worth individuals who easily qualify for visas based on assets alone, and four of them were rejected,” says Steven de Andrade of Synergy Immigration Specialists.
“I’ve been doing this for 18 years and we’ve learned that the rejection rate mysteriously jumps around November to about March, then normalises thereafter.”

Stefanie de Saude-Darbandi of immigration law firm De Saude-Darbandi Attorneys says about three of out five visa applications are being rejected by the Department of Home Affairs (DHA), and “not one of those rejections has been lawful”.
“It seems like the focus is purely on clearing the backlog rather than making quality decisions,” she says.
“We have no idea who this so-called ‘Bomb Squad’ is and what their background or training is, but if they are responsible for these decisions, it’s clear they don’t know what they’re doing.

“Please don’t get me wrong, I genuinely believe this minister is the best we’ve had,” she adds.
“Having worked in this industry for nearly 20 years and seen multiple ministers come and go, he’s a breath of fresh air. But I don’t think he fully understands what’s happening on the ground. It could be that his delegates are misleading him, giving him inaccurate information and making the wrong recommendations.”

One German businessman who has invested millions of rands in SA in properties and businesses says he was forced to take the DHA to court – at a cost of R300 000 – to force it to process his application for permanent residence, which he eventually got. Trying to go through the normal channels yielded no result after three years, says the businessman, who asked not to be named. In the end, the court compelled Home Affairs to do its job.

Arbitrary rejections
The SA Migration Forum reports that clients are seeing a surge in seemingly arbitrary rejections by Home Affairs, between 70% and 80%.
“This alarming trend appears to be part of an effort by the Department of Home Affairs to manage an overwhelming backlog of applications, which has been exacerbated by the Covid-19 pandemic.”
Read: Home Affairs blocked from deporting ‘critical skills’ Czech executive
In one case, a doctor’s visa application was rejected because he did not answer the phone to confirm a medical certificate. Such reports have raised concerns among immigration specialists over the department’s apparent lack of coherent criteria for decision-making.
DHA staff are reportedly under pressure to meet processing quotas, resulting in many justified applications being denied.

Some of the documents being requested are not required by law – for example, spouses in civil marriages are being asked for proof of financial responsibility and cohabitation.
Many applications appear to have been rejected for insufficient financial documentation, creating uncertainty as to what documents DHA considers satisfactory. This has occurred even where VFS Global, which handles applications on behalf of Home Affairs, has indicated that the documents supplied are adequate.

Backlog reappears in another guise
The high rejection rate means the backlog will likely return in the form of a massive appeals queue by applicants whose visas were rejected.
“Many applicants report receiving vague or no explanations for their rejections, which complicates the appeal process,” says SA Migration International in a recent post.
“The Department is required to provide written reasons for any rejection, but this is often not adhered to, leaving applicants uncertain about how to address the issues raised.”

Schreiber has been lauded for addressing a multi-year backlog at Home Affairs that accumulated under the previous minister, Aaron Motsoaledi, who has since been appointed Minister of Health.
Schreiber recently said the visa backlog deprived our economy of the investment and skills it needs to grow, which is why it was receiving such urgent priority at Home Affairs.
“Some outcomes are still to be issued over the coming weeks and then our teams will deal with appeals flowing from rejections. All of this while we intensify our efforts to digitalise and automate the system to prevent future backlogs,” says Schreiber.

Deadline for appeals extended
In apparent recognition of the high number of rejections, which are likely to be appealed, the DHA extended the deadline for submitting appeals to 10 days after the receipt of the outcome. This applies until the end of March 2025.
“As a result of the high number of visa and permit outcomes produced as part of the visa and permit backlog project, the appointment system at VFS Global for submission of appeals applications has been constrained,” was the reason given for the extension by Home Affairs Director-General Livhuwani Makhode in November last year.

Contempt
The backlog issue and high rejection rate have spilled over into the courts.
“Even our court cases are falling into contempt, with some orders now in contempt of previous contempt orders,” says De Saude-Darbandi


Can we apply for the life partner visa if we live in different countries

To apply for a South African life partner visa, cohabitation for at least two continuous years is a strict requirement. Below is a detailed analysis of the eligibility criteria and exceptions for couples living in different countries:

Core Eligibility Requirements
1. Mandatory Cohabitation
- The couple must have lived together for two consecutive years before applying. This is non-negotiable under South African immigration law .
- Proof includes joint lease agreements, utility bills, and affidavits from landlords or neighbors confirming shared residence .
2. Current Cohabitation Status
- The Department of Home Affairs (DHA) requires the couple to live together at the time of application. Temporary separations (e.g., work trips) are permissible, but the relationship must remain intact, and the couple must intend to resume cohabitation .

Applying from Different Countries
1. No Exceptions for Long-Distance Relationships
- Couples living in separate countries cannot meet the two-year cohabitation requirement and are therefore ineligible for the visa .
- The DHA does not recognize relationships where partners have not shared a household for the mandated period .

2. Alternative Pathways
- Visitor’s Visa (Section 11.6): Allows short-term stays (up to 90 days) to begin cohabitation in South Africa. After two years of living together, the couple can then apply for the life partner visa .
- Work/Business/Study Visa: The foreign partner may apply for a visa in their own right, enabling them to live in South Africa and start cohabiting with their partner .

Special Cases and Workarounds
1. Prior Cohabitation Abroad
- If the couple previously cohabited for two years in another country, they may submit proof (e.g., foreign lease agreements, utility bills) to meet the requirement. This is subject to DHA approval and additional scrutiny .
2. Engagement or Future Intent
- Fiancé(e) status does not qualify for the life partner visa. The couple must already have a proven, cohabitative relationship of two years .
Steps for Couples Living Apart
1. Relocate to South Africa: The foreign partner can enter on a tourist or work visa and begin cohabiting with their South African partner. After two years, apply for the life partner visa .
2. Apply for a Different Visa Category: Use work, study, or business visas to establish residency in South Africa, then transition to the life partner visa after fulfilling the cohabitation requirement .

Key Considerations
- Notarial Contract: A legally recognized cohabitation agreement (Apostilled) is required, confirming exclusivity, financial interdependence, and the relationship’s permanence .
- Visa Validity: The life partner visa is issued for 2–3 years and can be renewed if the relationship persists. Separation or permanent relocation invalidates the visa immediately .

Summary
Couples living in different countries cannot apply for a South African life partner visa unless they have already cohabited for two years (either in South Africa or abroad) and provide documented proof. For long-distance partners, the only pathway is to establish residency in South Africa through alternative visas and fulfill the cohabitation requirement first.

If case is complex consultant an immigration practitioner like ourselves to assist you
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Are you required to live together to obtain a South Africa life partner visa

To obtain a South African life partner visa, cohabitation for at least two continuous years is a mandatory requirement. Below is a detailed breakdown of the legal framework, evidence requirements, and implications:

Key Requirements for Cohabitation
1. Legal Mandate for Shared Residence
- Applicants must prove cohabitation with a South African citizen or permanent resident for two consecutive years before submitting the visa application1.
- The relationship must be "permanent and exclusive", with both partners sharing a household and financial responsibilities

2. Proof of Cohabitation
Required documentation includes:
- Joint lease agreements or property ownership documents showing shared residence
- Utility bills (electricity, water, internet) in both partners’ names
- Affidavits from neighbours, landlords, or community leaders confirming cohabitation
- Notarial cohabitation contract (Apostilled) outlining the terms of the relationship, mutual financial support, and exclusivity

3. Financial Interdependence
- Joint bank account statements demonstrating shared expenses
- Spousal relationship affidavit detailing financial contributions (e.g., rent, school fees, medical bills)
- Proof of a combined monthly income (unless the sponsoring partner is a South African citizen/permanent resident)

Exceptions and Special Cases
1. Applications from Abroad
- If applying from outside South Africa, the foreign partner must submit proof of prior cohabitation (e.g., shared leases from another country )
- Applications within South Africa are only permitted if the applicant holds a valid temporary visa (e.g., work or study visa)

Exceptions to Cohabitation Requirement
While cohabitation is often considered an important factor, there may be exceptions. For example:
1. Cultural or religious reasons: In some cultures or religions, it may be customary for couples to live apart until marriage.
2. Work or study commitments: Couples may be living apart due to work or study commitments, but still maintain a committed and exclusive relationship.
3. Health or disability reasons: Couples may be living apart due to health or disability reasons, but still maintain a committed and exclusive relationship.

2. Endorsements for Work/Study
- While cohabitation is mandatory, the foreign partner can apply for work or study endorsements on the life partner visa without leaving South Africa
- Endorsements require additional documentation (e.g., employment contracts, business registration)
Consequences of Non-Compliance
- Failure to prove cohabitation results in automatic rejection of the visa application.
- If the relationship ends after visa issuance, the visa lapses immediately, requiring the foreign partner to leave South Africa or apply for a new visa category.
Important Documents
- Notarial contracts are now mandatory for all life partner visa applications
- Police clearance certificates

Summary
Cohabitation for two years is non-negotiable for a South African life partner visa. Applicants must provide robust evidence of shared residence, financial interdependence, and a committed relationship. While the process involves significant documentation, exemptions for parental responsibilities or domestic abuse may offer limited flexibility under recent constitutional rulings
Consulting an immigration practitioner such as ourselves is advisable for complex cases.

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What to Do If Your Relationship Ends While on a South African Life Partner Visa

If a relationship ends while residing in South Africa on a Life Partner Visa, the implications for the visa holder are significant, as the visa is contingent on the existence of a genuine and ongoing life partnership. Below is a detailed breakdown of the consequences and required actions:

1. Immediate Legal Obligations
- Mandatory Notification:
The visa holder must inform the South African Department of Home Affairs (DHA) of the relationship’s termination within 30–60 days (exact timeframe depends on current regulations). Failure to report the breakup can result in penalties, visa revocation, or future immigration bans.
o Submit a written notification to the nearest DHA office or Visa Facilitation Services (VFS) center.
o Provide supporting evidence of the relationship’s dissolution (e.g., sworn affidavits from both parties, legal separation agreements, or court orders if applicable).
- Loss of Visa Validity:
The Life Partner Visa is automatically invalidated once the relationship ends. The foreign national no longer qualifies for this visa category and must either:
1. Leave South Africa before the visa’s expiry date, or
2. Apply for a different visa (e.g., work, study, or critical skills visa) to remain legally in the country.

2. Consequences of Overstaying
If the visa holder remains in South Africa after the relationship ends without regularizing their status:
- They will be classified as "overstaying", which is a violation of immigration laws.
- Penalties may include:
o Fines.
o Deportation at their own expense.
o A 12-month to 5-year ban on re-entering South Africa.
o Difficulty obtaining future visas for South Africa or other countries due to the immigration violation record.

3. Options to Remain Legally in South Africa
If the visa holder wishes to stay, they must switch to another visa category before the Life Partner Visa expires. Common alternatives include:
a. General Work Visa
- Requires a formal job offer from a South African employer and proof of qualifications.
- The employer must prove that no South African citizen/permanent resident could fill the role.
b. Critical Skills Visa
- Available if the applicant’s occupation is listed on South Africa’s Critical Skills List.
c. Study Visa
- Requires proof of enrollment at an accredited South African educational institution.
d. Business Visa
- For entrepreneurs investing in a South African business (requires a minimum investment and job creation for locals).
e. Parental Visa
- If the couple has a child who is a South African citizen, the foreign parent may apply for a visa based on parenthood (subject to specific requirements).

4. Special Considerations
Abuse or Unfair Termination
- If the relationship ended due to domestic abuse or exploitation by the South African partner, the foreign national may qualify for an exemption under humanitarian grounds.
- Submit evidence (e.g., police reports, medical records, or affidavits) to the DHA to request a temporary visa extension or alternative status.
Children Born in the Relationship
- If the couple has children who are South African citizens (by birth or descent), the foreign parent may apply for residency based on their parental rights.

5. Permanent Residency Implications
- If the Life Partner Visa holder was in the process of applying for permanent residency (after 5 years on a temporary visa), the breakup nullifies the application. Permanent residency under the life partner category requires the relationship to remain intact.

6. Practical Steps to Take
1. Consult an Immigration Attorney:
o Seek legal advice immediately to explore visa options, avoid penalties, and ensure compliance.
2. Gather Documentation:
o Collect proof of the relationship’s termination (e.g., affidavits, communication records, or legal separation documents).
3. Apply for an Alternative Visa:
o Start the process before the current visa expires to avoid a gap in legal status.
4. Voluntary Departure:
o If no alternative visa is feasible, leave South Africa within the grace period to avoid penalties.

7. Key Takeaways
- The Life Partner Visa is conditional on the relationship’s existence.
- Failure to act promptly after a breakup can lead to severe immigration consequences.
- Always prioritize legal compliance and consult professionals to navigate complex scenarios.

For the most up-to-date information, refer to a registered immigration practitioner.
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Marriage and your estate: Navigating the legal implications


Understanding how your marital property regime impacts estate planning is crucial to ensuring your assets are distributed according to your wishes.
Eric Jordaan - Crue Invest (Pty) Ltd 
 
Your marital property system determines how your assets and debts are handled in the event of death, affecting estate administration and inheritance. Image: AdobeStock
The legal implications of your marital property regime directly influence the treatment of assets if your marriage ends due to death. Before drafting your will, it’s crucial to understand how your marital property system impacts your property rights and asset distribution. Your marital status, previous marriages, and property regime can significantly affect estate administration, as discussed below.
 
Marriage in community of property 
If you are married in community of property, you and your spouse share a single joint estate, meaning all assets are collectively owned, regardless of whose name they are registered under. It’s important to understand that there are not two separate estates, each containing 50% of the joint assets.
Upon the death of the first spouse, the entire estate must be administered. However, there are exceptions to joint ownership, such as inheritances specifically excluded or compensation received for personal injury claims, which remain the separate property of the recipient spouse. In this system, both spouses are jointly and severally liable for all debts within the estate, including those incurred before and during the marriage, regardless of whose name the debt is registered in.
If the first spouse dies, the executor will settle all debts, including estate duty, excluding funeral and burial expenses. The surviving spouse is entitled to 50% of the net value of the joint estate. The remaining 50% will be passed to the deceased spouse’s heirs, in accordance with the will or intestate succession laws. Understanding these provisions is essential for ensuring that your estate is managed and distributed according to your intentions.
 
Marriage out of community with the accrual 
The accrual system is generally considered the most equitable marital property regime, ensuring that both spouses share in the financial growth of their marriage. However, it is crucial for testators to account for the operation of the accrual when developing their estate plans.
The accrual system requires that, upon dissolution of the marriage, the profit made by each spouse during the marriage is calculated and divided equally. In their ante-nuptial contract, spouses can outline the financial aspects of their marriage, including what assets they bring into the marriage and whether any will be excluded from the accrual calculation.
 
Each spouse must declare the starting value of their estate in the contract, which serves as the baseline for calculating the accrual upon the first spouse’s death. During the marriage, both spouses retain full control of their estates. Upon the death of the first spouse, the net value of each estate is determined, and the spouse with the larger estate must transfer half of the difference to the spouse with the smaller estate.
Consequently, it is essential to understand how the accrual system impacts your estate to ensure your estate plan is effective and aligns with your intentions. For example, if your estate is larger, your surviving spouse will be entitled to their share of the accrual.
 
Marriage out of community without the accrual
The out-of-community of property marital regime, when chosen, offers simplicity in estate administration but can be inequitable. To marry under this regime, spouses must expressly exclude the accrual system through their ante-nuptial contract, but they must be fully aware of the potential consequences.
In the event of death, the estates of the spouses remain entirely separate, much like unmarried individuals. Each spouse retains full control over their own assets, and there is no sharing of growth in wealth during the marriage. When the first spouse dies, their estate is settled separately from the surviving spouse’s, without any division of wealth between them. This can be particularly unfair when one spouse has accumulated wealth, while the other has foregone personal advancement to focus on child-rearing or managing the household. In such cases, the surviving spouse has no right to a claim on the deceased spouse’s estate, despite potentially contributing significantly to the marriage.
 
However, the surviving spouse is entitled to claim reasonable maintenance under the Maintenance of Surviving Spouse Act, which aims to ensure that the surviving spouse is not left destitute. This system should, therefore, be carefully considered when deciding on the structure of one’s estate plan.
 
Customary law marriages
Under the Recognition of Customary Marriages Act, couples are automatically married in community of property. To marry out of community of property, they must enter into an ante-nuptial contract before the wedding and specify whether the accrual system will apply. In polygamous marriages, the husband must apply to the High Court for approval of a written contract detailing the chosen marital property regime. This process ensures that the legal structure of the marriage is properly documented and enforced in line with the parties’ wishes.
 
Unmarried
If you are unmarried and have never been married, as the sole owner of your assets and the only person responsible for your debt, your estate administration would be relatively simple. Complications could, however, arise where you are co-owner of property with another person or persons.
Regardless of your marital status, it is always advisable to have a valid will in place to ensure that your loved ones know your intentions in the event of death. Note that if you are unmarried but in a life partnership, dying without a valid will in place could inadvertently leave them financially prejudiced.
 
Divorced
If you are divorced, it is crucial to consider the provisions of your divorce order, especially regarding asset division or maintenance obligations in the event of your death. The terms of the divorce order are legally binding and will be taken into account by your executor when administering your estate. According to Section 2B of the Wills Act, you have a three-month window after your divorce to update your will. If you do not update it within this period and your ex-spouse remains a beneficiary, it will be assumed that you intended for them to benefit under your will.
 
Religious marriages
A religious marriage is one entered into in terms of a religion, such as Islamic or Hindu, and such partners are not considered to be spouses when it comes to marital property. There is no community of property in a religious marriage, meaning that such a union is treated as an out-of-community marriage with no accrual system. That said, note that in terms of the Income Tax Tact, partners to a religious marriage fall within the definition of ‘spouse’. This is because the Act determines that the spouse of a taxpayer includes anyone in a union recognised in accordance with the tenets of any religion.
 
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