The reasons for the delays are causing people many problems
Relative visas (any category) and Sec 11(6) my experience is that DHA taking anything from 18-24 months to process these applications.
The delay is creating the following challenges to people :
- with Sec 11(6) employers do not want foreigner to commence work without valid visas and cannot wait so long. Often this results in offer / contract revoked. This delay therefore affects SA companies as well.
The concession in many cases does not help for the above affected foreigner as some are on relative visas who have changed to sec 11(6) as they started a new job / some are on a Sec 11(6) which has company A’s details on bit moved to company B hence the new sec 11(6) visa was submitted. The current concession only extends the current expired visa which is of no use then to these foreigners and their new / prospective employers.
- some sec 11(6) holders working for same employer cannot travel for business purposes as they are from visa NON exempt countries so cannot come back as they are not always traveling to their country of origin when traveling for business.
- in general the sec 11(6) and relative delay is also taking away the opportunity for many to apply for PR as they have to wait for the outcome of temporary residence .
- passports that were valid for 12-24 months expire while waiting and then rejections are issued. This waited over a year just to have it put back into the system and flooding the appeal section.
- Home Affairs have referred all Spouse / Life partners temporary residence visas to Department of Labour and DTI to check on work if a South African can do the job and business to DTI to see if person invested R5 million which is in contradiction to 3 Constitutional Court rulings that says this test is not required and DTI and labour don’t have the manpower to action which means it will be stuck for a long time unresolved .
What are my options?
Most of our clients after 6 months or so want to go to court and we can do that . In PTA for example the unopposed motion (other applications) roll is packed. The dates we currently get is in April 2024, ie 6 months from now . The court order gives the DHA 10 days then to attend and finalise application and gives a punitive cost order.
DHA have a tendency to finalise the application either just after the court order is served or just ( within a month or a few days before the court date).
So if we go legal route based on the above it is 8-12 months from date of court submission processes to outcome. And that is because of the court application or court order having been served on them.
What will it cost me . We have fixed fees so do not charge per hour or per copy, message etc. like our specialist legal attorney firms work .
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
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