What to do if your South Africa Visa Application is rejected?
Considering the fact that hundreds and thousands of people continue applying for the
South Africa Visa Application, there are numerous different cases that occur regularly for either a previously deported person or the one who may be seeking to enter the country. Tracking the various decisions that have been taken by the Department of Home Affairs South Africa, there could be both positive and negative outcomes for visa applicants or foreign visitors.
Until now, there had been various decisions that have changed the entire outlook for South Africa immigration, making it even more sophisticated and positive for the SA constitution. The recent amendments that took place regarding the critical skills visa are probably the most intriguing ones. Unawareness about certain facts or several mistakes may lead to rejection of the visa application with effect to various amendments and strict regulations enforced by the DHA, South Africa.
What if your South Africa Visa Application is rejected?
You may not be really sure about what are the actual issues that are causing this rejection. It takes quite longer to understand the regulations of other countries of course. However, before you apply for your South Africa visa, make sure you have done with a few important researches. This will help you get clearer with the next steps so that you can expect an acceptance further.
Risk Assessors and Actuaries
Based on the skills that are listed along actuaries, risk assessors are often rejected. The major reason behind this rejection could be that this category is generally known to be reserved for actuaries and include careers that would require actuarial science graduates. This decision may occur even when the application has been set to renew or change the conditions for a critical skills visa.
Reading the last paragraph of the critical skills assessment letter will clear away all the questions. It clearly mentions that although performing similar functions, risk assessors and actuaries aren’t actually the same. The drafters of the Immigration Act seem to be working out considering the fact that no others than the SAQA accredited bodies would prefer the skills to identify if a person really possesses any critical skills.
Once the professional body assesses the applicant’s CV and recognize that they meet up all the stringent criteria, and issues the certificate of membership, there could be no questions made upon the applicant’s skills. In this case, it would be irrational if the adjudicator concludes that the person in this instance is not a risk assessor. The Department is dependent on the professional bodies to make out if any skills are there. The deviation from this fact would therefore mean that the decision of the professional bodies was mistaken. This may be a clear indication of why the decisions are often dealt irrationally or left aside in the court.
Corporate General Manager
Any references to the considerable sections of the Companies Act are also a reason behind a rejection. These are supposed to deal with the Board of Directors and the Memorandum of incorporation. The reliance on the Companies Act for the adjudicating visas is the actual flaw here. The Constitutional Court on the other hand stated that it was unlawful to refer to any other acts; the decisions regarding visa or any other permits are to be made considering the Immigration act and its regulations only. Furthermore with reference to the things stated earlier, if a professional body confirms that a person is a Corporate Manager, there could be no rational connections regarding the decisions for rejection of the application since it will have to consider the Immigration Act.
Trade Test for Artisans
These applicants often need to face trouble because their trade tests aren’t from one of the South African institutions. This reason could be rather termed as a bizarre because there is no such requirement actually in terms of the Act or regulations however, the applicants would surely be required to get their qualifications and trade tests verified and evaluated as per the benchmarks set by the SA qualifications authority.
Also, it would be impossible to sit for a trade test without having minimum four years of
South Africa work visa for Indian. Any such case would mean that no one can enter the borders of South Africa. This problem generally occurs with applicants who haven’t applied under the Trade category which is different from Engineering.
Business Process Outsourcing (BPO)
The critical skills list has long been just a poster child for rejection. While the base for reasoning was that the employer is not in the BPO industry, it is hard to recognize how the educational subject matter fell into the category of industries. While there are many more problems prevailing with this conclusion, its interpretation is the most difficult one. While the procedures follow, it is important to interpret the Act as a whole in order to eliminate any ambiguity with respect to the Act. Following the department’s logic would imply that there is a separate industry for every topic.
No matter whatever the reason behind the rejection of a South Africa visa application may be, it is important to clarify all the rights of the applicant beforehand so that probable actions could be taken with respect to it. While your application has been rejected, you will probably have two options, to lodge appeal to the Director General. If this is unsuccessful, you will have to appeal to the Minister with respect to the sections 8(4) and 8(6) respectively.
If you have failed in these avenues, you may approach the High Court for further procedures. While dealing with the public administrative powers, the department is expected to be reasonable, just and lawful. However, with reference to the above-discussed cases, administrative action is necessary to keep things going on well.
