So what is letter of good cause and a Form 20 ?

A letter of good cause is a document that provides a compelling and persuasive reason for why a non-South African should be granted a specific request from the Department of Home Affairs when their visa has expired.

In the context of South Africa, a letter of good cause is often used in visa applications to explain any extenuating circumstances that may affect the applicant’s ability to comply with the requirements of the immigration act like an expired visa.

It is an opportunity for applicants to provide additional information that supports their late visa application or any reason why they could not submit it.

Writing a compelling and well-structured Letter of Good Cause is critical for a successful outcome. To ensure that your letter is effective, it is important to understand the requirements, guidelines, and best practices for writing a strong and persuasive letter.

Need to apply for a visa? These are the different South Africa visa types you can apply for.

Importance of a good cause

If you have an expired visa, it is important to submit the good cause when applying for a new visa, or an extension of your existing visa. This is because the good cause provides an opportunity to explain the reasons why your visa expired and to demonstrate that you did not intend to overstay your visa or violate the terms of your visa in any way.

Types of situations where it could be used

It can be used in a variety of situations for visa applications. Some common situations where it may be used:

• Unexpected events: If an unexpected event such as a natural disaster, family emergency, or illness impacted your ability to renew your visa or comply with the terms of your visa.

• Overstayed your visa: If you overstayed your visa, you can explain the overstay and demonstrate that it was due to extenuating circumstances and not intentional.

• Financial difficulties: If you are facing financial difficulties and you could not submit in time.

These are just a few scenarios we could think of but there are many reasons why you could be applying for one. If you have overstayed your visa due to negligence then you will be declared undesirable. You can read our what is the penalty for overstaying on an expired visa.

Eligibility Criteria:

1. The applicant has not been ordered to depart or arrested in South Africa.

2. Demonstrate that the applicant was not in the position to submit their application in the specified timeframe.

3. Demonstrate that you are now able to apply at the time of your request.

How to write the perfect letter

When writing the letter for the visa in South Africa, it is important to be clear, and concise, and to provide all relevant information. Here are some writing tips:

1. Be honest: Be honest and truthful about the situation and the circumstances leading to your visa expiration.

2. Demonstrate your commitment: Demonstrate your commitment to adhering to the terms of your visa and to maintaining good standing with the South Africa immigration authorities.

How to apply for letter of a good cause:

1. The illegal foreigner needs to approach an inspectorate at any Home Affairs office to find out if a good cause exists and whether you can apply.

2. You need to have your proof and written motivation with you on the day the immigration officer will interview you.

3. The immigration office will issue you with a notice to report DHA 1721 – Form 23 so that the authenticity of your supporting documents can be confirmed.

4. Once the immigration officer has completed a report, it must then be sent to the office head who will send it to the District Manager of Operations/Director.

5. If your outcome is positive you will then be handed an application for form 20 which you then take to VFS with your visa application.

6. If your outcome is negative, you will either face prosecution or be deported.

The most important aspect is you need to have a ready-to-submit application while waiting for your outcome from the Department of Home Affairs.

Common mistakes to avoid when writing

When writing, it is important to avoid common mistakes that can negatively impact the outcome of your visa application. Some of these mistakes include:

• Lack of detail: make it difficult for the authorities to understand your situation and make a decision on your visa application.

• Inconsistent information: Providing conflicting or inconsistent information and other visa application materials can raise red flags and make the authorities doubt the authenticity of your claims.

• Inadequate supporting documentation

• Neglecting to follow up: Failing to follow up and the status of your visa application can result in unnecessary delays and a negative outcome.

How long does a letter of good cause take

The length of time it takes to process can vary depending on several factors, including the volume of applications being processed, the complexity of the case, and the completeness of the application. On average, it may take several weeks or even months for the authorities to make a decision.

However, it is important to note that the processing time can be influenced by various factors, such as the availability of resources, staff, and processing capacity at the Home Affairs office. Additionally, some applications may take longer to process due to the need for further verification or clarification of information provided in the application.

It is recommended to follow up on the status regularly to ensure that it is being processed and to avoid any potential delays.

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Inter Company Transfer Visa

An intra-company transfer work Visa may be issued by the Department to a foreigner who is employed abroad by a business operating in the Republic in a branch, subsidiary or affiliate relationship and who by reason of his or her employment is required to conduct work in the Republic.

An important factor is that the applicant has to have been employed with the company abroad for a period of not less than 6 months.

The Intra company transfer is not designed to be a long term visa. The idea is to bring in foreign workers employed by the company abroad with a branch or subsidiary branch here in South Africa; they work or conduct training for four years, and then return home.

This Visa does not require the hassle of proving the company could not find suitable applicants and it does not require the hassle of verifying an applicant’s formal qualifications. It is based purely on employment. If you are a company that needs to transfer in foreign employers, please contact us and we will make this go as smoothly as possible.
It is important to note that this category of work Visa cannot be granted for more than four (4) years and this type of Visa is not extendable.
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Namibia’s government has denied a claim on social media that it announced a plan to deport more than 500 U.S. citizens in the country without valid visas, following a change to visa policy in April.
A Facebook post sharing the false claim on April 15 said: “Namibia has announced a shift in its immigration policy, declaring its intention to deport over 500 American nationals found to be residing in the country without valid visas.”

However, the Namibian government said the claim is false.
A spokesperson for Namibia’s presidential office referred Reuters to an April 16 statement online which reads in part: “The Presidency wishes to make it categorically clear that no such order of deportation or statement has been issued by the President and no mass deportation of American nationals is underway.”
The same day, the international relations ministry’s executive director told national media
the claim is “fake news”.

The U.S. State Department also referred Reuters to the April 16 statement from Namibia’s presidential office.
American tourists entering Namibia from April 1 are required to obtain a visa. The U.S. embassy advises its citizens to apply for the visa before traveling, though visas can also be obtained upon arrival at major ports of entry.

The Namibian Ministry of Home Affairs, Immigration, Safety and Security announced
its changes to entry requirements in May 2024, saying at the time that it would be applied to “countries that have not reciprocated the favourable treatment granted to their nationals when visiting Namibia”.

VERDICT
False. Namibia’s government said it made no announcement about deporting 500 U.S. citizens. The U.S. State Department also directed Reuters to the Namibian government’s statement.

The Critical Skills Visa South Africa is for skilled workers whose occupation is on the Critical Skills Visa List for South Africa. This list reflects the occupations that are in demand in South Africa.

The newly published "Skills or qualifications determined to be critical for the Republic of South Africa in relation to an application for a Critical Skills Visa or Permanent Residence Visa"

This category of work visa may be issued to an applicant who falls within a specific professional category or specific occupational class determined by the Minister by notice in the Government Gazette. This is done after consultation with the Minister of Labour and the Minister of Trade and Industry.

If an applicant falls within one of the professional categories listed on the critical skills list and also has the appropriate post qualification working experience in that profession then such applicant may qualify to apply for this category of work Visa.

The applicant also needs to where applicable register with the relevant South African professional accreditation body regulating that industry as stipulated by Minister of Home Affairs. Such body must also confirm the applicant’s skills, qualifications and working experience.

Furthermore, such applicant’s qualifications need to be evaluated relevant to a South African level. An applicant for a Critical Skills Visa may enter South Africa on such visa without having secured a job offer first. It is, however, required of the applicant to confirm employment with the Department of Home Affairs within a period of one (1) year upon arrival in South Africa, failing which, the Visa would automatically lapse.

The Critical Skills Work Visa is tied to an individual and not to an employer so under this Visa a person can leave from one employer to the next without obtaining a new work Visa.
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Overall, Australia needs a fundamental shift that recognises fairness contributes to, rather than detracts from efficiency.

People who apply for asylum in Australia face significant delays in having their claims processed. These delays undermine the integrity of the asylum system, erode public confidence and cause significant distress to people seeking asylum.

There are, at the time of writing, 28,691 applications for a protection visa awaiting a decision at the Department of Home Affairs. At least 43,308 applications await review at the Administrative Review Tribunal.

For people seeking asylum who have their initial applications refused and seek review in the Administrative Review Tribunal and in the Federal Circuit and Family Court, the process can often take more than ten years.

Whoever wins the upcoming election inherits the daunting task of addressing this issue.

Our research evaluated data on Australia’s previous attempts to increase efficiency of asylum processing. We also examined international best practice for designing fair and fast procedures, including lessons from recent successful asylum reforms in Switzerland.

Here are five ways to make Australia’s asylum process more efficient.

1. Recognise fairness enhances efficiency

In most countries with asylum systems, processing is neither fair nor fast.

When trying to increase efficiency, many governments have limited the ability of a person seeking asylum to fairly put forward their case.

Australia, the United States, and many countries across Europe have introduced accelerated or fast-track procedures that drop essential safeguards including:

• the right to an interview

• access to legal assistance, and

• the opportunity to respond to information that undermines their claim for asylum.

But these efforts don’t just undermine fairness. They also contribute to slower processing.

Such measures tend to lead to more appeals, and more cases being overturned by courts and tribunals. This contributes to longer delays.

Our research into Australia’s now-abolished fast-track procedures demonstrates this. This policy was introduced by the Coalition government in 2014, with the aim of speeding up processing and reducing the backlog of asylum applications.

It included the creation of a new streamlined review process before the Immigration Assessment Authority. Applicants were generally not interviewed or allowed to put forward new information.

The resulting system was not only unfair; it was also excruciatingly slow.

Four in five cases were appealed to the court. About 37% of these were overturned. The delays created by increased litigation clearly counteracted any time saved.

One of the best ways to improve the efficiency of asylum processing is to ensure applicants can present their cases effectively from the outset.

2. Fund legal representation for those who can’t afford a lawyer

Research shows legal assistance increases efficiency.

Lawyers can help assist people to prepare and present their case properly, and ensure that they get a fair hearing (reducing the chance of a lengthy appeal).

Promisingly, in 2023 the federal government announced A$48 million in funding for legal services for people seeking asylum.

It’s crucial this funding is maintained, and is sufficient to meet demand.

3. Invest in decision-makers

Once a person lodges their claim for asylum, it’s first assessed by the Department of Home Affairs. If the application is denied, the applicant can seek review at the Administrative Review Tribunal, which reassesses the merits of the application.

If the tribunal rejects the claim, the court can conduct a limited review focusing only on whether the decision was lawfully made.

A fast process is only possible if we have enough of all these decision-makers across the system.

This requires investment in training and hiring suitably qualified decision-makers who are equipped to handle the volume and complexity of asylum claims.

This is underway. The federal government has invested $58 million in October 2023 towards hiring additional Administrative Review Tribunal members and Federal Circuit and Family Court judges for asylum cases. It’s also hiring more staff at the Department of Home Affairs.

Australia’s next government should consider taking a data-driven approach to calculate the decision-making capacity required for existing and future caseload.

4. Prioritise simple cases for faster processing

Not all asylum cases are equally complex; some can be resolved relatively quickly.

Australia needs a robust and transparent triaging system to identify and prioritise simpler cases for faster processing.

This would significantly improve overall efficiency and allow decision-makers to focus on more complex cases.

The Department of Home Affairs’ current approach to triaging is a “last in, first out” system that prioritises new asylum applications for rapid processing.

However, this leads to substantial unfairness for applicants who lodged their claims earlier, who may face long processing delays.

The department needs an approach to streaming based on case complexity, to ensure all cases are finalised as quickly as possible.

5. Better coordination across decision-making bodies

The various bodies involved in asylum processing – including the Administrative Review Tribunal, the Federal Circuit and Family Court and the Department of Home Affairs – need to coordinate to improve efficiency and cut delays.

Any government reforms aimed at increasing the efficiency of asylum procedures must be system-wide.

By taking a holistic view, we can ensure that increased efficiency at one stage does not inadvertently create bottlenecks or inefficiencies in another.

A fundamental shift

Overall, Australia needs a fundamental shift that recognises fairness contributes to, rather than detracts from efficiency.

That shift is essential for developing a fair and fast asylum process that will serve the best interests of applicants, the government and the Australian public.