NEWS

The PM Immigration Pty Ltd News page is used to circulate newsworthy items for individuals considering immigration to South Africa as well as individuals currently living in South Africa. These posts are aimed at keeping you informed about topics and issues related to immigration, immigration procedures, immigration applications, VISA updates and more as the information becomes available to us.

Common Reasons Why Australian Partner Visa Application Gets Refused

No Evidence of a Relationship between the Applicants

The first reason is lack of evidence to prove your marital relationship a genuine one in the eyes of immigration. For instance, you don’t have any pictures together, no joined bank accounts, no records of previous text messages or phone calls, you didn’t travel together or the sponsor never even came to see you in the country you stay in. You cannot provide solid details of the relationship, or the details do not match up. All are clear reasons for a refused visa.

Inconsistency in information provided to the Department

If you give Immigration a dishonest or bogus documentation, this will result in you being qualified for the public interest criteria. An example of this would be, when you try to create a fraudulent divorce certificate from your previous marriage, fake marriage certificate from your country, or fake information and documents to show the evidence of your relationship and thought that Immigration might not be aware of or verify it. You would be entirely wrong, mainly because every little bit of information you provide, and all documents you submit will go through their legitimate and honesty check.

 Inability to show the commitment to each other due to significant, age, cultural and social differences

Abnormal differences between partners may encourage suspicion of the immigration about your matrimonial relationship. Significant differences in linguistic, age, cultural and social differences between the parties would lead immigration to assume the applicant and sponsor are not in an authentic relationship, as they may not even know each other.

At PM Immigration our team combines unique core capabilities and strengths with years of experience in various fields and industries and we’ve put them together to create a trustworthy, dependable group of representatives working for you and allow the specialists to help you.

Firms with foreigners doing work incompatible with visas can be fined

Institute for Race Relations CEO Frans Cronje said it was always a good thing to attract highly skilled migrants, particularly those who start businesses.

The head of immigration at Immigration & Business Solutions, Sue-Allan Mehl, told The Citizen there was a serious skills shortage in South Africa in a number of fields.

Yet it seems from the Gupta e-mails that the Department of Home Affairs barely understands its own paperwork, issuing visitors visas for people coming to work here and work visas for people in one capacity who are ultimately employed in another.

Mehl agreed that if the company was raided and the paperwork – as issued by Home Affairs – was at odds with the employee’s reason for being here, this would create a problem for the company.

“The company can be fined and a representative can be jailed as the business would need to prove that they had no knowledge of the person being on the wrong visa. The first thing the human resources department should check is the validity of the foreign national’s visa.”

Mehl noted the time it generally took to issue a visa varied widely, even if the paperwork was in order.

“It depends on where the submission takes place. Some SA submissions abroad take five to 10 working days, others take six to eight weeks. Home Affairs itself takes approximately six to eight weeks to process temporary residence visa applications. We find that critical skills work visa applications usually go quicker.”

Speaking in general terms, Institute for Race Relations CEO Frans Cronje said it was always a good thing to attract highly skilled migrants, particularly those who start businesses, invest or have experience a country cannot reasonably produce itself.

“The example we always quote is that of welders who worked on some of the big power station projects, which were technical artisan type people. We could quite reasonably have trained them ourselves, but we didn’t. For instance, some of the welders who worked on Medupi (power station) were imported from Asia,” Cronje noted.

“In the community around Medupi and Kusile (the other mega Eskom power station project) as well, where you have unemployment rates which approach 50% of the local population, it’s a problem.”

 

https://citizen.co.za/news/south-africa/1699094/firms-with-foreigners-doing-work-incompatible-with-visas-can-be-fined/

Asylum seekers aggrieved by visa ruling

Asylum seekers may no longer apply for any type of visa while they are in South Africa. They must do so before entering.

So the Supreme Court of Appeal found earlier this week.

The judgment comes after Home Affairs Minister Hlengiwe Buhle Mkhize and department director-general Mkuseli Apleni appealed a previous high court ruling 
that asylum seekers were entitled to apply for visitors and work visas while in the country.

The matter was brought to the Western Cape High Court in 2003 by the Legal Resources Centre on behalf of 13 asylum seekers. It was settled, and an order, which came to be known as the “Dabone Order”, was agreed on between the parties. 

Following the Dabone Order, the director-general soon issued a directive that asylum seekers in possession of a permit could apply for one of the temporary residence permits, as well as permanent residency.

However, on February 3, 2016, the Department of Home Affairs issued a new directive stating that that would not longer be the case.

This lead to the denial of visa applications made by Arifa Musaddik Fahme, Kuzikesa Jules Valery Swinda and Jabbar Ahmed.

Fahme, Swinda and Ahmed became the respondents against the department in the Supreme Court of Appeal matter this week. 

Home Affairs spokesperson David Hlabane said: “We are very pleased with the judgment as the department was of the considered view that the Western Cape Division of the High Court erred in its judgment, and the Supreme Court of Appeal has concurred with the department in this regard.”

“The respondents did not comply with the general rule laid down by section 10 (2) 
of the Immigration Act read with regulation 9 (2) of the immigration regulations that applications for visas must be made abroad.”

Hlabane said the department would oppose an appeal on this judgment as it “fully agreed” with the Supreme Court of Appeal on the matter. 

Tashriq Ahmed, human rights attorney for the asylum seekers, said he and his clients would appeal the judgment.

Ahmed said: “We are definitely going to appeal. We are aggrieved but we always knew this matter would ultimately end up at the Constitutional Court because it is a constitutional matter.”  

He said for the past 13 to 15 years they were allowed to apply for visas and then things suddenly changed, hence they felt this ruling was “not fair”. 

 

https://www.iol.co.za/capetimes/news/asylum-seekers-aggrieved-by-visa-ruling-11383414

Home Affairs Ordered to Re-Open Cape Town Refugee Office

The Department of Home Affairs has been ordered to re-open and maintain a refugee office in Cape Town by March 2018. In a ruling on 29 September, the Supreme Court of Appeal declared unlawful the decision by Home Affairs to close the Cape Town Refugee Reception Office in 2012.

The Legal Resources Centre, on behalf of the Scalabrini Centre, the Somali Association for South Africa and asylum seekers, had appealed against a ruling by the Western Cape High Court in favour of the department.

In a statement this week the LRC said the court had found that the decision to close the Cape Town Refugee Reception Office was ” irrational and unlawful”. The director general of Home Affairs had “ignored relevant factors when making his decision”. “He also failed to properly consider whether the Cape Town Refugee Reception Office was necessary for the purposes of the [Refugees] Act.”

The court found that the Department’s arguments about the difficulty of fnding premises and about the need for substantial additional resources had no merit, the LRC said.

 
 

The court had also referred to the international obligations of the Department in providing opportunities for refugees and asylum seekers to exercise their rights.

The department had been ordered to supply the court with periodic updates about progress in re-opening the centre.

“This judgment is crucial in upholding the rights and dignity of asylum seekers and refugees, who have been prejudiced by the policy decisions of the DHA (Department of Home Affairs)”, the LRC said.

Asylum seekers had “struggled immensely” to access basic services since the unlawful closure of the centre in 2012, said Miranda Madikane, director of the Scalabrini Centre..

She said asylum seekers had been forced to travel to the remaining three centres every three to six month while they waited for their claims to be processed. The closure of the centres had undermined the asylum process, Madikane said.

http://allafrica.com/stories/201709300060.html

 

Zimbabwe Exemption Permit will not be for new applicants!

New permit is valid until end of 2021

On Friday, Minister of Home Affairs Hlengiwe Mkhize announced in Pretoria that the new Zimbabwe Exemption Permit (ZEP), which is valid until 31 December 2021, is only open to current Zimbabwe Special Permit (ZSP) holders.

Many undocumented Zimbabweans who are working in South Africa had hoped that the ZSP programme would be extended to new applicants when the Minister announced the conditions for the ZEP.

The initial permit of this kind was approved in April 2009 to document Zimbabwean nationals who were in South Africa illegally. The current ZSP expires on 31 December 2017. On 1 August 2017, Cabinet gave the green light to the Department of Home Affairs to open a reapplication process for current ZSP holders under certain conditions.

Chairman of the Zimbabwe Community in South Africa Ngqabutho Nicholas Mabhena said, “We want to extend our gratitude to the Minister and the South African government for allowing us to remain in South Africa for the next four years. We would have wished that the Minister would have considered the many undocumented Zimbabweans who are working in South Africa. We hope the Minister will at some point attend to this request.”

“We call on all the holders of the Zimbabwe Special Permit to apply in time for the ZEP,” he said.

 

Implementation of the ZEP

The ZEP application process will begin online on 15 September 2017 through the VFS website. The deadline for application submissions is 30 November 2017. Administrative fees are R1,090 per application. Applicants will be allocated appointments for the required submission of fingerprints and supporting documents to VFS offices from 1 October 2017. Applicants need to submit a valid Zimbabwean passport, evidence of employment in the case of a work permit, evidence of business in the case of an application for a business permit, and evidence of admission letter from a recognised learning institution in the case of a study permit.

In her media statement, Mkhize said that the condition of the ZEP entitles the holder to work, study and or conduct business, but does not entitle the holder to the right to apply for permanent residence irrespective of the period of stay in South Africa. It will not be renewable or extendable and does not allow a holder to change the conditions of his or her permit while in South Africa.

A ZSP applicant will be allowed to travel using the ZEP receipt and the expired ZSP permit until such time as the ZEP permit is issued without being declared undesirable.

The minister also said, “We believe that migrants play an important role in respect of economic development and enriching social and cultural life.”

ZSP holders may apply for the ZEP in various provinces. Below are the places and addresses:

 

Durban: Musgrave towers, Musgrave Shopping mall, 5th Floor Musgrave.

Cape Town: 2 Long street, 7th Floor.

Port Elizabeth: Office 7C, 1st floor, Corner 17th Avenue and Main Road.

Johannesburg: The link, Old Pretoria Road, Halfway House, Midrand.

Rustenburg: Corner of Boom and Fatima Bayet Street.

Kimberly: Unit 3, Building 2, Agri Office Park, N12.

Polokwane: Thornhill Shopping Centre, Veldspaat and Munnik Avenue, Bendor Park.

Nelspruit: Office 5F, Nedbank Building, 30 Brown Street.

Bloemfontein: Suit 4, The Park, 14 Reid Street, Westdene.

George: Unit 5 Eagle View, Progress Street.

 

 

source: https://www.groundup.org.za/article/zimbabwe-exemption-permit-will-not-be-extended-new-applicants/?ct=t(GroundUp_News_15_September_20179_14_2017)

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