Can I apply for a visa extension after expiry?

SA Migration | 06 Dec 2022

No, you may not apply for a renewal after it has expired. This means that you would be illegal in the country and declared an undesirable person when exiting the country. You must ensure that you apply for a renewal in advance before your visa expires as set out in the regulations.

The only applicants exempt from applying for a renewal after their visas have expired are foreign nationals whose visas have expired during the lockdown. These applicants have up to the 30th of September to renew their visas or else they would be declared undesirable.

If you apply for a renewal with an expired visa, officials from VFS will refuse to accept your application.

If you are in the country with an expired visa, the best option is to leave the country and upon exit, you will receive a letter stating that you are banned from South Africa for 12 months or 5 years depending on how long you overstayed. Once you received your letter, you may appeal the decision to lift the ban.

To appeal the decision, the applicant must submit the following documents to the overstay appeals department:

1. Written Representation
2. A copy of the declaration of undesirability (form 19) that was issued at the port of entry.
3. Copy of the relevant pages of the passport, including the bio page.
4. Acknowledgement of receipt (In cases where the applicant applied for a permit and the visa is still pending)
5. If the applicant overstayed due to medical reasons, then a medical certificate must be submitted.

Once you have all the necessary documents, then your appeal application must be emailed to overstayappeals@dha.gov.za and you can contact the IMS deportations department at 012-406 4985 to confirm if your application has been received.

For more information, Please contact us on :

Tel No landline CT  :  +27 (0) 21 879 5560

Tel No landline JHB : +27 (0) 12 880 1490

Whatsapp  Tel No : +27 (0) 82 373 8415 - (Whatsapp messages only, No calls)

Tel No office : +27 (0) 82 373 8415 (Whatsapp messages only, No calls)  

Tel No admin : +27 (0) 64 126 3073 – (Whatsapp calls only – No Messages) 

Tel No sales : +27 (0) 74 0366127 - (Whatsapp calls only – No Messages)

Email:info@samigration.com

www.samigration.com

What is ChatGPT: The new AI chatbot that can code, compose music, write essays, and more

Business Insider | 06 Dec 2022

• ChatGPT is a new chatbot that answers questions in a conversational, human-like way.
• People shared conversations with ChatGPT, showing it writing social media posts and explaining code.
• It reached over one million users in five days — but has its limitations.

A new artificial intelligence chatbot called ChatGPT is answering questions and taking instructions from users in a conversational, human-like way. OpenAI — the company that's also behind AI-art generator Dall-E — launched an early demo of ChatGPT last week and amassed over 1 million users in five days, according to Sam Altman, CEO of OpenAI. ChatGPT is not only conversational, but well-versed in a large range of topics. It can create code, social media posts, and even scripts for television shows.

In its blog post about the launch of ChatGPT, OpenAI said its "dialogue format makes it possible for ChatGPT to answer followup questions, admit its mistakes, challenge incorrect premises, and reject inappropriate requests." The AI language model "is a sibling" to InstructGPT, a model that also responds in detail to a user's instructions, and a newer version of  GPT-3.5, AI that predicts what words will come next after a user starts typing text. ChatGPT was trained with "Reinforcement Learning from Human Feedback," according to OpenAI's website.  "We trained an initial model using supervised fine-tuning: human AI trainers provided conversations in which they played both sides—the user and an AI assistant," the website says.

The human trainers would rank and rate the chatbot responses, then feed those ratings back to the chatbot so it could learn what kind of responses were wanted. The company is now depending on user feedback to improve the technology.

Altman responded to Piantadosi on Twitter, telling him to "hit the thumbs down on these and help us improve!". The OpenAI CEO asked Twitter users what features and improvements they want to see with ChatGPT, then responded that the company would work on "a lot of this" before Christmas. "Language interfaces are going to be a big deal," he said on Twitter. "Talk to the computer (voice or text) and get what you want, for increasingly complex definitions of "want"! this is an early demo of what's possible (still a lot of limitations — it's very much a research release)."

www.samigration.com

Visa Extension South Africa

SA Migration |  06 Dec 2022

What is a visa extension?

A SA visa extension is an application to renew your existing visa to extend your stay in South Africa. The visa extension is an entirely new application. Applicants must get the necessary paperwork to submit to VFS who collects the visa applications on behalf of the Department of Home Affairs. A submission for a visa renewal does not mean that you will automatically receive an extension as the Department of Home Affairs will decide to either approve or reject your visa. If your visa has been rejected then you need to follow the visa appeal process South Africa.

Not all visas can be renewed or extended and in this particular scenario, the applicant must leave the country before their visa expires or you might receive a penalty for overstaying in South Africa on an expired visa.

The visas that may not be extended:

• Corporate Workers Visa.
• Tourists visas with a condition not being allowed to extend.

Depending on your visa and the conditions attached, you may or may not be allowed to extend it. Temporary residence visas, on the other hand, can be extended and no limit is applied to the number of times you can apply for a renewal.

www.samigration.com

Visa Appeal Process South Africa

SA Migration | 05 Dec 2022

It is incredibly heartbreaking to know that your application for a visa has been rejected by the Department of Home Affairs and not to imagine the anxiety you must be feeling at this point.

We understand all the effort you have dedicated towards this and now you need to deal with the rejection. It could feel like your dreams are crushed, but not to worry.

Today we are discussing the ins and outs of a refused visa and what you can do about it.

Before we get into the nitty-gritty, let us discuss something you should know before appealing.

What you need to know:

• What you need to know:

• South Africa visa rejection reasons

• How to appeal for a visa refusal in South Africa

o We recommend the following steps:

 Step 1: Read the refusal letter

 Step 2: Check your documents for any errors

 Things you need to check for:

 Step 3: Writing a refusal letter:

• What documents are required for a visa appeal?

• VFS Appeal Fee South Africa

o Submitting Abroad:

 Fees for an appeal:

• VFS appeal processing time

According to the immigration regulation sections 8(4) and 8(6), an applicant can appeal a rejected visa application.

The applicant has 2 chances to appeal, where the first appeal is sent to the Director General of Home Affairs and the second appeal is directly sent to the Minister of Home Affairs.

The applicant has 10 working days (weekends not included) to appeal the outcome and this regulation counts locally in South Africa including abroad at a South African embassy.

South Africa visa rejection reasons

 There are many reasons why visas or permits are rejected but we will list here whatever springs to mind:

• The applicant does not qualify for the visa being applied for

• Omitted documents from the visa application

• Submitting with a fake existing visa

• The Department of Home Affairs incorrectly adjudicated the visa and misinterpreted the immigration act

• Did not satisfy all the requirements

• Submitting expired time-sensitive documents

• Submitting an application in SA on a visit visa

• Criminal record

• Mental or serious illness

These are just some of the reasons we could think of but there are many reasons why applicants’ visas could be rejected.

How to appeal for a visa refusal in South Africa

The first thing you would need to do is collect your outcome from VFS at the centre you initially submitted it.

At this point, you won’t know what the outcome of your is at this point.

Once you have received the outcome, you would have 10 days to submit the appeal.

We understand at this point you would be freaking out and feeling disappointed.

The relatives visa South Africa processing time can take about 5 months to process and a normal temporary residence visa could also take about 5 months.

We recommend the following steps:

Step 1: Read the refusal letter

You need to thoroughly read through the refusal letter to find out why your application has been refused. The Department of Home Affairs would cite the reason why your visa or permit application has been rejected and mention the 10-day time frame.

We recommend that you obtain or satisfy the reason why your visa or permit has been rejected.

Once you have completed this, we would advise you to navigate to the VFS website and print the list of requirements for the visa you are applying for.

Once you have the list, double-check your application against the list to see that you have all the required documents.

Step 2: Check your documents for any errors

The next thing you need to do is check every document for any errors.

Things you need to check for:

1. All your information is consistent throughout the application like names, surnames, passport numbers etc.

2. Ensure that all your documents are still valid and not expired medical, and radiology are not older than 6 months and certified documents are not older than 3 months.

3. Ensure that all documents are certified or notarised by a notary or commissioner of oaths.

4. All foreign qualifications must be accompanied by a SAQA certificate.

5. All letters and 3rd party letters are in the format that Home Affairs requires them to be.

6. Ensure that all 3rd party processes are complete and include proof thereof when applying for work visas.

Checking your entire visa application allows you to eliminate any errors which might lead to rejection again. So we want to eliminate any possible causes further down the line as we are only allowed to submit 2 appeals and wasting them would be detrimental to you.

If you do not qualify for the visa or permit you are applying for, then there is no way you can appeal it. You must seek an alternative visa which you qualify for and apply for it.

Submitting an application with a fake visa or you have overstayed your visa, then you must first rectify this by submitting an appeal for that and once this has been cleared from your name then only can you go ahead and apply for the visa.

Step 3: Writing a refusal letter:

You will need to write and sign your representation/motivation appeal letter which must include information that will assist the Director General or Minister in making a fair decision.

Your letter must contain the following:

• Address to the Department of Home Affairs Pretoria (Head Office)

• Date

• Addressed to the Director General or Minister

• Cite your response

• include signature

• Thank the Department

What documents are required for a visa appeal?

 You can only appeal once you have collected the outcome of the refusal.

The following documents must be submitted:

• Completed VFS Online Form

• Have original documents on hand for verification while submitting photocopies for any visa/permit

• Valid passport

• Copy of the rejection letter from the Department of Home Affairs

• Copy of your passport and copy of your latest visa/permit that was issued to you

• Your written signed representation/motivation for an appeal in response to the rejection letter which includes any information that would assist the Director General or Minister to make an informed decision when considering your appeal.

• Supporting documents that you wish to include.

• Proof of the VFS funds paid.

VFS Appeal Fee South Africa

Once you are complete with your application and happy that it is 100%, the next step is scheduling your appointment with VFS to submit your appeal for processing.

Protip: If there are no appointments available within the 10-day mark, we suggest you go to VFS and insist that you want to submit.

VFS will not accept your appeal after the 10-day mark, they will simply refuse to assist you.

If there are appointments within the 10 days, we recommend that you book a slot and then submit your application.

Submitting Abroad:

Submitting a refusal appeal abroad works slightly different. If the South African embassy is not contracted to VFS then you would need to find out how they prefer submission for appeals.

Some South African embassies would request form 49 to be accompanied with your application.

Fees for an appeal:

VFS Fees – R 1550.00

Home Affairs – No fees

Remember to include your receipt within your application.

VFS appeal processing time

Your appeal could take anything between 5 months to nearly 2 years.

We advise that after 1 month of waiting, you follow up with them by consistently emailing them every week.

For example the relative visa South Africa processing time takes about 5 to 8 months because of Covid 19.

Once a week is enough as you do not want to irritate them. Set a reminder to mail them every Monday and include the following details in your email:

• You reference number (Include a scanned copy)

• Name & Surname

• Type of application

• When you submitted

Do this every week and you are sure to receive a reply from them. The most important thing is you need to be consistent. Even if there is no reply, you need to be consistent.

Contact us today to assist you with your immigration needs. We have years of experience working on overturning a refusal and we can give you the best advice for your situation. Refused applications do not need to be complex and let us take the stress out of the application for you this refusal will be a walk in the park for you,

Temporary residence refusal and permanent residence refusal are what we specialize in. Contact us today for our refusal service

How can we help you , please email us to info@samigration.com whatsapp message me on: 

 +27 82 373 8415, where are you now? check our website : www.samigration.com

What you need to know about fake work permits in South Africa

SA Migration |  05 Dec 2022

You might have obtained your work permit recently and second-guessing whether your visa is valid or not, this is a tricky situation to be in. There are many people out there who pretend to be immigration consultants or immigration lawyers only to scam you and issue you with a fake visa. The worst is being arrested or being detained in South Africa for something that you are not responsible and the Department of Home Affairs is coming down hard on these individuals.

Many who don’t qualify for the critical skills are always looking at applying for the general work visa for South Africa and thus one of the most popular options to forge it because of how difficult it is to obtain it. While this could be true many temporary residence permits are forged throughout South Africa. How to apply for a General Work Permit in South Africa or apply for a work permit South Africa the right way.

Beware of people who guarantee you a visa, as no one in this industry can do that, not even the most experienced immigration consultant or immigration lawyer. There has been news of many immigration consultants who have promised people a permit and blackmailed immigration officials to approve these cases. Be careful of which services you make use of and always apply due diligence. The South African Department of Home Affairs will hold you accountable for any forged documents.

If you are considering applying for temporary permits then you need to ensure that you are making use of professional services. If you wondering how much does a work permit cost in South Africa. We created a blog post in detail about the cost.

To avoid getting a fake work visa, using reputable immigration agents South Africa will assist in getting a valid visa for you.

Many foreigners are working without a work permit in South Africa.

We have created a handy guide for you to read and to keep close, we would advise that you bookmark this blog post so that you can always reference it back and forth when you need the information.

Is my work permit fake?

Table of Contents

• Is my work permit fake?

o How do I know if my work permit is real?

• How do I check if my work permit is valid?

o You can use the following methods to verify:

o I would recommend keeping the following proof:

o Which visas can be obtained fraudulently?

• So when can you be arrested in SA?

• What to do if you are arrested with a fraudulent visa?

So currently there are two ways that a work visa can be forged and it’s important to understand the differences. Once you understand the different methods of fraudulent ways then you have a starting point to investigate from.

1. A work permit can be forged to look like a real visa, but this has not been printed and entered into the Department of Home Affairs system. So there is no record that it has been issued and details of your particulars.

2. Another way of obtaining a “permit” is through a corrupt Home Affairs official who you pay to illegally issue you a permit. The visa is entered onto DHA’s systems but your application has not been screened against the requirements.

How do I know if my work permit is real?

If you made use of an agency or person to get your visa and are worried if its a fraudulent visa then there are certain things you can look at with regards to the visas:

• The words used on the visa would differ from the standard wording on a legally obtained visa.

• There will be colour variations between a fraudulent and legally obtained visa.

• The fonts would be different.

• Your particulars would not be stored or listed on the Department of Home Affairs systems.

• Extremely high fees to get the permit.

Furthermore, there are more important things you can take into consideration if your permit is fraudulent:

• If the person representing you has not requested you to submit your application through VFS then this is a major red flag. All applicants in South Africa are required to submit their applications through VFS.

• You are not allowed to apply for a change of status in SA meaning that if you are on a visit visa then you cannot apply for a work permit.

• Have yourself assessed with an alternative immigration agency to find out if you qualify

If you are paying a home affairs official to get your visa, then you would be held responsible when caught and can face deportation or imprisonment.

Our advice is that it’s better to go the legal route, even though it might take longer and not as quick as you would like. The immigration agent or lawyer can tell you immediately if you qualify or what you need to do to qualify.

How do I check if my work permit is valid?

There are various ways you can check if your work permit is valid in South Africa but you have to tread carefully as the Department of Home Affairs will hold you accountable for this in which you could be banned, fined or imprisoned. Therefore it is in your best interest to check if the person assisting you has a registered business, registered for tax and VAT.

You can use the following methods to verify:

• Email the verifications department: VisaVerifications.Missions@dha.gov.za

• Call the verifications department: 012 406 – 4432

• Walk into the Department of Home Affairs to find out from an immigration officer.

When making use of a representative to apply on your behalf we recommend that you keep a trail of paperwork and any communication. This is the best way so that you have proof if ever you are arrested and detained, in this way a lawyer can represent you which you would have proof.

Before you apply make sure that you have applied your due diligence to the person representing you. 

You can verify if your family visa South Africa is valid for example.

I would recommend keeping the following proof:

• Email trails

• Record all phone calls

• Keep invoices

• Record all in-person meetings

The more proof you have the better and keep these in a safe place where they are easily accessible should you need them in future.

We recommend that corporate businesses verify an applicants work permit as they can be held accountable for employing a foreign national with fraudulent papers.

Accompanying spouses in South Africa must apply for their own independent work visa as they are not allowed to work whilst on a dependent visa. There is no such thing as a accompanying spouse work permit in South Africa.

Which visas can be obtained fraudulently?

• General Work Visas

• Spouse Visas

• Life Partner Permits

• Study Permits

• Retirement Permits

• Critical Skills Visas

• Corporate Visas

• Intra-company transfer visas

• Relatives permits

• Permanent residence permits

So when can you be arrested in SA?

The South African immigration act mentions the following when you are considered to be in contravention of the act:

• In possession of a fraudulent or fake permit

• Expired permit

• Not adhering to the conditions of your visa.

• Not in possession of a visa

The experience of being arrested in SA is not a good one and therefore always ensure that you are on the right side of the law. You will never be asked to show your papers but immigration officers have the right to request to see them at any given time. Remember that if you are committing a crime in any sense, you will be imprisoned.

The best thing to do is always keep your passport and permit with you wherever you go and have a telephone or mobile number of someone you can call in SA preferably in the same town as you to help you if you are arrested. We would advise that you beforehand give the person a copy of your passport bio page, permit stamps, contact details for a family member back in your country of residence. The last thing I recommend is giving the person the details of your embassy or consulate in SA to assist you.

What to do if you are arrested with a fraudulent visa?

The South African government together with DHA are cracking down on fraudulent visas and when caught you will be locked up immediately. Our advice does not to try and fight the police or officials and don’t be abusive towards them either. You will be taken to the nearest police station and you will be kept separate.

• Call a family member to let them know you’ve been arrested.

• Ask them to hire an attorney

• Instruct your family member on how to get access to your funds should the need arise

Contact Sa Migration if you need us to verify your visa and we can assist you with our immigration services. We are more than happy to discuss with you how we can assist you throughout and how we can obtain it the legal way for.

Please contact us on :

Tel No landline CT  :  +27 (0) 21 879 5560

Tel No landline JHB : +27 (0) 12 880 1490

Whatsapp  Tel No : +27 (0) 82 373 8415 - ( Whatsapp messages only, No calls )

Tel No office : +27 (0) 82 373 8415 ( Whatsapp messages only, No calls )  

Tel No admin : +27 (0) 64 126 3073 – ( Whatsapp calls only – No Messages ) 

Tel No sales : +27 (0) 74 0366127 - ( Whatsapp calls only – No Messages )

Please email us to info@samigration.com

www.samigration.com