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Immigration and visa advice

Posted in South Africa forum

As someone working in an immigration lawyer firm, I'm here for anyone needing immigration and visa advice, and I'm happy to answer questions on this forum, plus any other related to South Africa or Cape Town.

Looking forward to getting involved and helping people out!

  • Go to Aleks Surogina's profile

    Sa Visa Taking Longer Than Expected

    posted by  Aleks Surogina in South Africa forum 

    Hi Jess, I applied for a long-term Visitors VISA (to work in film industry) at the SA Embassy in Moscow on 22.11.17. When my application was accepted I was told it would take about 1 week. It is now 01.02.18 and I am still being told on the phone the application is under process. I have missed my first day of work (as indicated on contracts provided), missed my proposed flight date etc. This is the first time in 20 years I decided to renew VISA out of South Africa ... any idea how long I can expect to wait? Could they hold on to my documents forever? (Massive over-exaggeration but the embassy cannot tell me how much longer all of this can be).

  • Jess Green

    posted by  in South Africa forum 

    Linda,

    You keep saying your husband is a citizen. Is he already?

    If your husband is a citizen already (on paper), then it doesn't matter how he got this citizenship. You are able to apply for relatives visas for yourself and your children. (Your father-in-law is not involved in this situation.)

    If your husband is a citizen, he can do anything in South Africa, even vote in general elections. You, however, won't be able to run a business without a business visa or a business endorsement on your relatives visa.

    Good luck!
    (call the office for more info - +27 21 422 3720)

  • Go to Linda Canter's profile

    Married to a Sa citizen by descent and thinking about moving

    posted by  Linda Canter in South Africa forum 

    Hi Jess,

    My husband's father (my father in law) is South African. My husband is a South African citizen by descent born in 82. We (husband, our two kids and I) are thinking about moving to PE. Since my husband is a citizen, we were wondering what the best visa for me would be. Would that be a visa and a spousal permit later? We've been married for almost six years. We are also wondering if it's a problem het isn't born in SA, but is a citizen by descent.

    Another question: we both own our own business. He and I both want to continue our businesses. We won't work an international company or an SA company. Would that be a problem? We don't want to stop with our businesses.

    Thanks in advance!

  • Go to Sarah McBride's profile

    posted by  in South Africa forum 

    I would like to obtain a study visa for PhD study. As regards the police clearance: will a state issued police clearance with Apostille of The Hague Convention seal work? Or must I get a FBI clearance? My concern is some old drink driving that shows on the FBI but not the state police clearance. I believe the consulate in the USA requires a FBI but if I am in SA on a tourist visa could a state police clearance work for the study visa?

  • Go to Stephanie de Boer's profile

    Problems with repatriation deposit

    posted by  Stephanie de Boer in South Africa forum 

    Dear Jess,

    I am a student who has travelled to South Africa for her studies on a Student Visa last year. I am trying to claim back my repatriation deposit for my visa, but had a lot of trouble with the South African government and its local embassy (The Hague, The Netherlands). Could you please give me legal advice and advice me on the best steps to take next.

    At the time of my visa application I still had to pay the deposit of €750,- to my local South African Embassy. In October 2014 the South African government changed its legislation on the topic of the "repatriation deposit", not requiring one anymore for new applications. They also set a deadline for the retrieval of this deposit for current visas (28 February 2015). (further info about these changes is given by the South African government here: http://www.dha.gov.za/index.php/immigration-services/repatri
    ation-refunds)

    I arrived back from South Africa on 16th of January 2015, unaware of the changes in legislation and the deadline. This meant that I only tried to apply for the return of my deposit after the deadline. Ever since I have tried to get into contact with the South African office dealing with this issue, but have only once been able to get them on the phone through there information desk (012 406 2668), after which I submitted application forms and deposit slips. It has been 2 months since this application.

    I have tried to find other people with similar issues (who must exist) but have to been able to find anyone online.

    Could your please advice me on what to do? And whether it would be viable to take legal action if nothing works?

    Thank you for any help you might be able to give!

    Kind regards, Stephanie

  • Jess Green

    posted by  in South Africa forum 

    You can check the critical skills list here: http://www.immigrationsouthafrica.org/blog/update-ict-and-cr
    itical-skills-work-visa/.

    Your mother can apply for PR if she is the direct relative of a SA PR holder.

    You can simply contact us for any advice: www.immigrationsouthafrica.org.

  • Go to Sahil Sood's profile

    Intra-company transfer VIsa

    posted by  Sahil Sood in South Africa forum 

    Hi! I am working in a company who want me to deploy in South Africa, and I take this as a fruitful step in my life. The problem is I have a record of minor Assault and trespassing in United states which was a result of a 1 min fight with a friend during a party. Abiding the law at united states I took responsibility of my actions plead guilty for it. I didnt serve the jail, I paid the fine and the charges are closed. I dont have any pending charges on me. Now I am not sure how much would it affect me to get a Business visa or Intra-company work visa and if so what are the remedies for it. I have never ever had even a traffic ticket in my 28 years of age. I really want to move on in life and get myself together.

  • posted by  in South Africa forum 

    my boyfriend lives in PE and I want to join him as soon as possible. he is a SA PR holder and although he has offered to support me financially, I would prefer not to be dependent on him and apply the correct way and be able to work. I have been told I cannot apply for Life Partner as we have not been in a relationship for very long and have no co-habitation. My mom is applying for PR but I don't want to wait until she has been accepted for me to apply. I currently work in healthcare as an emergency medical technician, I was wondering if I fall under the critical skills with my background.

    What are the ways to apply? for a work permit, I need a job offer which I don't have. I also heard my mom can apply for citizenship by decent or PR being a child of a SA PR holder. I just want to move as quickly as possible. I have some savings, but would prefer to keep this as a nest egg.

  • Jess Green

    posted by  in South Africa forum 

    Hi Joche

    You could re-enter SA and receive a Visitor's Visa, but you won't be able to change your status from that visa type.

    You become undesirable immediately once your visa expires.

  • Go to Jochebed Perez's profile

    posted by  in South Africa forum 

    Hi again Jess,
    Thanks for responding to my earlier mail. To confirm with you my visa/permit expires on the 25th. I am very concerned about facing the risk of being banned from entering SA if I overstay, but would it be possible for me to come back on a Tourist Visa ( as opposed to applying for spousal visa via the embassy) change the status when I'm in SA and redo the TRV and PR application then? How long after my visa expires can i stay in the country before I become an undesirable?

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