Inconsistencies between SA Home Affairs Departments and Embassies abroad
Published by Gareth on May 16th, 2008 in South Africa
During my time in South Africa, working as an immigration consultant in Cape Town, I became accustomed to the way things worked. I knew that we could lodge certain applications for visas using a particular method and this would ensure a positive outcome.
The Immigration Act of 2002 has been amended twice and new regulations have been implemented ensuring that there is a clear and distinct understanding on the processes involved in putting forward applications for foreigners wishing to reside in South Africa.
I have now been working for Global Visas in London for 7 months and have built up an extremely good relationship with the High Commission. We’ve established an open line of communication with the staff and things are going well. However, I’ve noticed a fundamental flaw in the way that they have perceived these changes in the Act and as a result have developed inconsistent methods in approving visas.
For example: In South Africa, if a married couple wanted to pursue a spousal visa for the husband or wife, it is possible to lodge an application with an employment contract and get sub-conditional working rights on that visa allowing the foreigner to conduct work. This makes sense as this person would probably be contributing to the household income and supporting the family.
In the UK, however, the High Commission is reluctant to give working rights to life partners of South African citizens. Why is this? If the departments abroad and locally are supposed to run on the same regulations, surely the visa with working rights should be as easily available in the UK as it is in SA.
What we are forced to do is convince our clients in this situation to enter South Africa on visitors visas and apply once they are in the country. This brings about its own set of issues as according to the law, a foreigner must not enter South Africa based on falsified intentions
i.e. If you are intending on working, conducting business or studying in South Africa before your departure for the republic, you must submit the necessary application in the country where you are domiciled so you can enter on the correct visa.
by Robbie Ragless
May 28th, 2008 at 7:21 pm
I find your statement quite hard to believe. I am a spouse of a South African and followed the visa process to the word of the law through South African House London, to apply for a work permit based on a work contract for South Africa, before I entered South Africa. My visa was granted.
I do not believe that they use inconsistent methods - but use an interpretation of the Act that works for spouses outside of SA, which worked for me.
I would not convince your clients to enter South Africa on visitors visas - this is irresponsible.
If you have such a good relationship with SA house discuss it with them logically - exactly as I did.
August 14th, 2008 at 10:42 am
Hi Hannah,
What you are saying is partly true. Yes, they do grant working rights to spouses of south african citizens abroad however the rate at which these grants are issued is much lower than if one had to lodge in South Africa.
Having personally experienced local and international immigration industries, my general understanding from within the immigration community in SA is that embassies abroad are reluctant to grant working rights partly because of the administrative hassle of researching the credibility of the companies involved etc. However it doesnt mean that they are not able.
Other inconstincies regarding life partners include the embassies aborad making use of notarial contracts to prove the relationship. In SA, these are not allowed.