Understand Reason for Delay

Winning a citizenship delay appeal requires a strategic, evidence-based approach. As a measured first step, applications should carefully review all communication they have received from the DHA to understand the exact reason for the delay. This will be your starting point for building a strong and targeted appeal.

Gather Relevant Documentation

Your appeal should consist of more than just a request to reevaluate your application. It should include a formal letter that directly counters the reasons for the delay provided by the DHA. This letter should also underline administrative errors and cite relevant laws, such as the Promotion of Administrative Justice Act, which requires government decisions to be lawful, reasonable, and procedurally fair. When appealing a delay, it is important to provide evidence that you have followed up on your application.

Be Meticulous and Detailed

When dealing with delayed applications, it is generally a good idea to build a ‘paper trail’. This entails that applicants consistently send follow-up emails every 2-3 months to create a documented history of their communications. Additionally, proof of submission that retains their VFS receipt and any tracking numbers may also be required. Overall, applicants should document all correspondence and keep a record of processing times. This documentation will assist in building a strong case against administrative delays. Here is professional insight on when to consider litigation for your visa application.

Seek Professional Legal Assistance

When undertaking a citizenship delay appeal, working with an experienced immigration lawyer in South Africa can significantly increase your chances of success. Regrettably, there is only so much an individual can do to push for the outcome of their application. GREENBERG HATHWAY MACMILLAN can help with taking legal action on outstanding DHA applications. Our skilled and knowledgeable lawyers will assist you through the litigation process and offer guidance on the best proceedings that offer the highest possibility of success.

CONTACT US and let our our experienced team assist you if you require any further information about how litigation for pending DHA applications in South Africa can help you.

The post Tips for Winning a Citizenship Delay Appeal first appeared on GHM.

High Court Litigation

There are various reasons as to why one would consider undergoing litigation. If your visa application is delayed beyond the usual processing time and repeated follow-ups have not led to an outcome, you might want to consider taking this step.

While litigation may seem excessive, High Court appearances are frequently the most effective line of action for addressing and resolving concerns for an application that has been pending or has been left unsettled for an unreasonably long period of time. Obtaining orders from the High Court forces the DHA to adhere to a deadline for finalising an application. Although litigation compels the DHA to process and evaluate your application, it does not guarantee that your application will be approved.

At GREENBERG HATHWAY MACMILLAN, our experienced and knowledgeable lawyers have an excellent track record of successfully obtaining desired results for our clients through the litigation process. No matter if it’s to resolve pending temporary or permanent residency applications, our attorneys are well-versed in the inner workings and processes of the DHA and will obtain results in a timely manner.

Our skilled team will review your documentation to ensure that all is in order for your case and offer advice and guidance to enhance your likelihood of success. Our attorneys will put the facts of your case in an affidavit, which will be handed to the Minister and Director-General of the DHA. After which, if no further obstructions arise, your litigator will agree on a court date and receive a court order to have the application completed.

GREENBERG HATHWAY MACMILLAN has expertise in accelerating application outcomes through litigation against the DHA. Contact us and let our dedicated team of attorneys assist you throughout your litigation process.

Once an application for temporary or permanent residency is submitted, it is up to the Department of Home Affairs (DHA) to adjudicate and determine whether the visa application is approved or rejected. In compliance with sections 8(4) and 8(6) of the Immigration Act, if the application is rejected, an applicant can apply to appeal the rejection of the application. However, an appeal can take as little as two months or up to two years to receive an outcome. Legal assistance during this process can help accelerate unreasonable or delayed decisions.

High Court Litigation

There are various reasons as to why one would consider undergoing litigation. If your visa application is delayed beyond the usual processing time and repeated follow-ups have not led to an outcome, you might want to consider taking this step.

While litigation for pending DHA applications may seem excessive, High Court appearances are frequently the most effective line of action for addressing and resolving concerns for an application that has been pending or has been left unsettled for an unreasonably long period of time. Obtaining orders from the High Court forces the DHA to adhere to a deadline for finalising an application. Although litigation compels the DHA to process and evaluate your application, it does not guarantee that your application will be approved.

At GREENBERG HATHWAY MACMILLAN, our experienced and knowledgeable lawyers have an excellent track record of successfully obtaining desired results for our clients through the litigation process. No matter if it’s to resolve pending temporary residency or permanent residency applications, our attorneys are well-versed in the inner workings and processes of the DHA and will obtain results in a timely manner.

Our skilled team will review your documentation to ensure that all is in order for your case and offer advice and guidance to enhance your likelihood of success. Our attorneys will put the facts of your case in an affidavit, which will be handed to the Minister and Director-General of the DHA. After which, if no further obstructions arise, your litigator will agree on a court date and receive a court order to have the application completed.

GREENBERG HATHWAY MACMILLAN has expertise in accelerating application outcomes through litigation against the DHA. CONTACT US and let our dedicated team of attorneys assist you throughout your litigation process.

The post How GHM Helps with Pending Visa Appeals first appeared on GHM.

The proposed facility follows ongoing public frustration and scrutiny regarding access to essential civic services. Residents of Cape Town have been facing difficulty regarding booking system failures, inadequate communication causing confusion over confirmed appointments, and frustrating long queues at certain Cape Town branches. It is for this reason that city officials have presented the proposition as a practical response to long-standing service pressures, especially at existing Home Affairs offices in the city centre.

If all goes as planned, the proposition is expected to be submitted for Council consideration and approval in March. The City has already confirmed that it was approached by the Ministry of Home Affairs to establish a dedicated appointment-based office, which is to be located on the second floor of the Civic Centre. If approved, the Department of Home Affairs will enter into a formal lease agreement with the City. Afterwards, the department will be granted early occupation of the premises to begin internal construction and prepare the new site for operational readiness.

Mayoral Committee Member for Economic Growth, Alderman James Vos, has commented that “By optimising our property assets, we ensure that City-owned land and buildings are leveraged in a way that delivers the greatest possible benefit to communities, supports economic activity, and unlocks long-term value for residents…”

The new Home Affairs office is set to enhance service delivery by providing residents of Cape Town with streamlined, appointment-based access to essential government services within a secure, centrally located facility. The Civic Centre offers strong public transport connectivity, which includes the MyCiTi bus service, Cape Town Station, and the Station Deck minibus-taxi facility. By situating the new offices in an accessible and well-connected public facility, the Ministry of Home Affairs hope to provide residents with a safe, efficient, and respectful environment in which to access critical documentation.

Are you preparing to relocate to South Africa? Let GREENBERG HATHWAY MACMILLAN assist you on your journey to achieving temporary residency or permanent residency while avoiding costly delays. Our clients can rest assured that our team will assist in gaining residency through the most efficient means at our disposal. CONTACT US today for professional guidance throughout the application process and immigration assistance.

The post Appointment-Only Home Affairs Office Proposed to Improve Access to Essential Civic Services first appeared on GHM.

A visa is an official endorsement or document placed within your passport that allows you to enter, stay in, or leave a country for a specific purpose and period of time. The document is typically granted by the government of the country you wish to visit and indicates that you are authorised to be there under certain circumstances. Let our dedicated GREENBERG HATHWAY MACMILLAN team help you with the permanent residency process in South Africa.

Determine The Correct Visa Type

If you are planning to visit South Africa, one of the very first things you should do is determine which type of visa you will need. You also need to determine whether you will be needing a visa for a short-term period, generally less than 90 days, or a temporary residence permit, which is related to stays exceeding 90 days, or a permanent residency visa if you intend to settle in South Africa. It is important to note that there are a variety of visas you can apply for, all depending on the purpose of your visit.

These visa types include:

1. Tourist Visa – This particular visa, also known as a visitor’s visa, is used by applicants planning to visit their South African family and friends, or simply to visit the country for a holiday.
2. Work Visa – A work visa is specifically related to employment or job transfers from a foreign entity to South Africa.
3. Student Visa – A student visa, also known as a study visa, is usually applied for when you wish to further your education at one of the academic institutions in South Africa.
4. Transit Visa – This type of visa is typically issued in situations where a person is passing through a country en route to another.

Each of the above-mentioned visas or permits has its own subcategories of different kinds as well as requirements and validity.  For more information regarding these different types of visas, you can consult our immigration attorneys at GHM or consult the South African Department of Home Affairs.

Locate the South African embassy, consulate, or VFS Global Centre

You can visit official websites such as the South African Department of International Relations and Cooperation (DIRCO), and if you go to “Missions Abroad” on their website, you will find an entire list of South African embassies and consulates by country.  Alternatively, you can visit the VFS Global website and select “Apply for a visa”, choose “South Africa” and your current country to find your nearest Visa Application Centre.

Note that embassies or consulates handle decisions and emergencies, VFS Centres handle logistics and submissions only, they do not issue or decide visas, and lastly, always check the latest contact details and appointment requirements on the official sites, as they can vary by country.

It is important to note that you can only make an application for a visa from your country of citizenship or residency, and very rarely can you make an application from a tourist visa to a long-term visa from within South Africa.

Book an appointment

When planning a visit to South African missions, it is important to note that appointments typically need to be scheduled in advance. To ensure a smooth experience and avoid any potential delays, it is advisable to book your appointment online through the embassy’s online portal or to send an email to schedule an appointment.

Gather the necessary documents

The documents required will sometimes vary depending on the type of visa you wish to apply for, such as a flight itinerary, proof of accommodation, an invitation letter, bank statements, etc.

The documents typically include:

• A valid passport
• A completed visa application form
• Passport-style photographs
• Payment of the visa fee
• The SA embassy requires proof of a return prepaid envelope

Submit your application and await processing

After you have gathered all the necessary documentation needed, you can visit the designated South African embassy, consulate of the VFS Global centre on the date of your appointment. After you have successfully completed your application and handed in your passport for the processing of your application, you should be able to track the status of your application if done through VFS, otherwise you will wait to hear from the Embassy directly.

Collect your Passport

Once your visa has been approved, you will be required to collect your passport, which may include your visa, from the relevant embassy or consulate.

GREENBERG HATHWAY MACMILLAN provides comprehensive support throughout the visa application process. If you have any questions or need clarification on how to apply for a South African Visa, we encourage you to reach out to our team of dedicated experts. We are ready to guide you and ensure a smooth application experience.

The post How To Apply for an SA Visa from Your Home Country first appeared on GHM.

GREENBERG HATHWAY MACMILLAN provides tailored immigration solutions to overcome the roadblocks – if any – you might face. Our team provides a high level of personable, professional service. With GHM, you’ll always feel that you’re with a firm you can trust, one that’s on your side and fighting at the frontlines of your immigration battle alongside you. We are just as passionate about your cause as you are.

About GREENBERG HATHWAY MACMILLAN

GREENBERG HATHWAY MACMILLAN is the managing partner of GREENBERG HATHWAY MACMILLAN (GHM). An American national, she graduated from the University of Cape Town with a postgraduate LLB degree in 2012. After working with a boutique law firm and in legal publishing, she was admitted as a practising attorney in the Republic of South Africa.

Over the last decade, she has exclusively worked in immigration law and helped thousands achieve their immigration goals, whether visa extensions, applications for South African citizenship, or resumption of citizenship.

She has personal and professional experience with the workings of South Africa’s Department of Home Affairs and so is well-acquainted with the processes of helping foreigners apply for visas and South Africans with civic services, including ID books, passports, birth certificates, death certificates, marriage interviews, marriages, and the registration of foreign births.

About Our Team

The GHM team is familiar with the rules and regulations surrounding South African immigration law, which are constantly changing. Since we only focus on immigration law, we trump our competitors in expertise and deep knowledge of the Home Affairs system.

We can help you expedite your application when it gets stuck in the system, ensuring your immigration is as stress and hassle-free as possible.

How We Help

We assist with immigration to South Africa, temporary residency, permanent residency, proof of permanent residency, applications for citizenship, retirement visa applications, litigation against Home Affairs, visa rejection appeals, overturning declarations of undesirability, civic services (such as attaining marriage certificates, identity documents, etc.), visa waivers, and immigration to the United States of America.

Let us assist you with all your immigration needs, making your immigration and stay in South Africa effortless. With GREENBERG HATHWAY MACMILLAN, you won’t have to undergo the arduous process of visa extensions, appealing visa rejections, or waiting years for outcomes. We get the job done properly, quickly, and without a fuss.

Choose the Best Immigration Lawyers: Choose GHM

Over the years, GREENBERG HATHWAY MACMILLAN and her team have assisted thousands of immigration applicants with getting their visas approved, navigating the workings of Home Affairs, and expediting their applications.

Together, let’s make your immigration effortless. Contact GREENBERG HATHWAY MACMILLAN today.

The post Why We’re the Best Immigration Lawyers first appeared on GHM.

Our attorneys have extensive experience helping foreign nationals get approved for spousal visas, ensuring they can stay with their spouses for more than a few months at a time. No more needless trips overseas, reapplying for a visitor’s visa, and not seeing your partner for weeks at a time.

You’ll finally be able to build a life together in South Africa. Your visa will be valid for three years and can be extended. After you’ve been married for at least five years, you’ll be able to apply for permanent residency.

This post discusses the various requirements to attain a spousal visa: the documents you’ll need, eligibility criteria, how long the visa will last, an overview of the process, and the outcomes you can expect.

Eligibility Criteria for Spousal Visa

Did you know? You don’t have to be married to get a spousal visa in South Africa. The law also recognises life partnerships as an alternative to marriage. After two years of partnership, you can apply for temporary residence. After five years of partnership, you’re eligible for permanent residence.

Documents Needed for a Spousal Visa

You’ll need the following documents when applying for a spousal visa. The documents are the same regarding heterosexual and homosexual relationships, as homosexual relationships are recognised under South African law.

• A personal statement stating your purpose and duration of your stay here.
• Indication from your South African spouse regarding their source of income.
• A signed cover letter from the South African spouse confirming financial support and accommodation, along with a certified copy of the spouse’s passport or South African visa (the certified copy should not be older than 3 months).
• Proof of the South African spouse’s financial assurance (currently R8,500 per person per month). They’ll have to submit certified bank statements that are no older than seven days and must be stamped or verified by their bank.
• If applicable, a translated copy from a sworn translator of your unabridged marriage certificate.
• An original relationship affidavit (DHA –Form 12) that’s been completed and certified by a commissioner of oaths. You must also submit a notarial agreement.
• An affidavit outlining your relationship to your South African spouse including documentation proving cohabitation, shared financial responsibilities, and details of any children in the relationship.
• If you have children together, you may need to submit a paternity test and unabridged birth certificates.
• A notarial agreement signed by both parties stating that your relationship has lasted for two (or five, depending on the application) years before the date of application and that no other person is involved in your relationship – the relationship must be monogamous.

The application requirements differ by whether your South African spouse is a citizen or permanent residence holder. Reach out to GREENBERG HATHWAY MACMILLAN Immigration Attorneys for more information on this.

Contact GREENBERG HATHWAY MACMILLAN

We’re some of the country’s most established immigration attorneys. For years, we’ve helped South Africans and their spouses achieve permanent and temporary residence through spousal visas.

Our specialists will ensure you gather all relevant documents and that your application isn’t rejected. We’ll also conduct follow-ups on your behalf during the application, ensuring your application is reviewed and approved as soon as possible. For more information, contact GREENBERG HATHWAY MACMILLAN. We’re glad to be of service!

The post What Are the Spousal Visa Requirements in South Africa? first appeared on GHM.

● Create a VFS account and fill out the form.
● Schedule and pay for your appointment.
● Print all your documents.
● Attend your appointment and collect your receipt.
● Wait for your outcome.
● Collect the verdict from VFS.

You’ll have more time to explore our stunning landscapes, spend time with friends and loved ones, immerse yourself in our dynamic culture, and experience uninterrupted adventure. Ninety days just isn’t enough to soak in all that South Africa offers.

Read on for a more in-depth guide to immigration and extending your travel visa. We’ll discuss how to deal with VFS, how to extend it, and what to do if your extension application gets denied.

How Do You Apply for a South Africa Visa Extension?

First, you’ll need to make an account with VFS, South Africa’s visa extension service. VFS is the channel through which expats submit applications to the Department of Home Affairs—South Africa’s Centre of Civil Services.

Visa Renewal Details

You’ll need to apply for a Temporary Residence Visa, which grants you an extra 90 days. We recommend booking your appointment for the 30th day of your stay in South Africa, as your extension usually starts from the day of your outcome decision.

When the system requests your application subtype, input “TRV – renewal visa”.

After that, you’ll need to complete your citizenship details: your name, the country you’re from, marital details, and more. You should also include proof you have enough funds to stay in South Africa, at least €5,000.

Pay for and Schedule Your Appointment

You can’t make a visa appointment until you’ve paid the R1,975 fee. The fee is made up of two charges, R1,550 online and R425 at your appointment. After that, you’ll be taken to a calendar screen where you choose the location and date of where you would like your appointment. Be sure to choose an appointment that’s available at least 60 days before your visa expires, as VFS takes at least two months to reach a decision outcome.

Be sure to print and keep your receipt and appointment letter safe.

Attend Your Appointment

Your appointment will probably take an hour or two. An agent will check all of your documents are present and in order. If they are, you’ll submit your documents to a second agent and you’ll pay R425 (if you didn’t pay for it online). You’ll get a signed receipt to keep with your other documents, which you should keep very safe.

Wait for Your Outcome

When your outcome has been decided, VFS will email you. You can also track your application online using your tracking number and surname. You can find your tracking number in your appointment confirmation email.

To obtain your outcome, you’ll need to make another VFS appointment and wait in line again. If your appointment is approved, you’ll receive a sticker in your passport.

What If My Visa Extension Application Is Declined?

If your visa extension application is denied, you’ll receive a letter explaining why and the documents you must bring to appeal the decision.

If your extension is declined and you’ve overstayed your initial visa, bring all your documents to the airport to prove you did everything legally. You will have ten working days in which to leave South Africa. Should you like to appeal the decision, you must appeal at VFS and submit another visa application.

GREENBERG HATHWAY MACMILLAN can help you with your visa extension. From helping you collect documents and proving funds to appealing visa outcomes, we’ll assist you in your endeavours to stay in one of the world’s most beautiful countries. Contact us for prompt immigration help from experts.

The post How to Extend Your South African Tourist Visa first appeared on GHM.

Our director, GREENBERG HATHWAY MACMILLAN, has worked exclusively in immigration law for over a decade. She’s helped thousands of people move to beautiful South Africa to retire, study, join their spouses, or visit. She’s renowned for her commitment to excellence, warmth, due diligence, and critical thinking abilities.

She has a vast knowledge of Home Affairs’ workings and is extensively qualified to help you with visa applications, ID books, passports, birth certificates, death certificates, marriage interviews, marriages and the registration of foreign births.

Immigration doesn’t have to be a hassle. Let GREENBERG HATHWAY MACMILLAN and her industry-leading immigration attorneys make legalities accessible and pain-free.

South Africa: the Perfect Place for a New Start

South Africa is the perfect place to immigrate to. Our country is a rainbow of cultures, ethnicities, nationalities, and languages, making the country easy to integrate into and feel at home in. Its people are warm-hearted, friendly, and kind. South Africa’s scenery is as beautiful as its heart, whether that’s the picturesque view of Table Mountain over the bay, the Eastern Cape’s technicolour landscape, or the hustle and bustle of South Africa’s New York, Johannesburg.

South Africa is a popular choice among expats globally for its currency: the Euro and Dollar are far stronger than the Rand, making your money stretch further in our assortment of world-class restaurants and attractions.

Step into Your Future

Take the first steps into a beautiful future. Enlist GREENBERG HATHWAY MACMILLAN and her team to help you with your immigration queries, visa applications, appeals, and more today. Contact us – we would be delighted to lend a hand.

The post Happy Festive Season first appeared on GHM.

It’s crucial that you renew your visa before VFS closes for the festive season, or you may be declared undesirable upon departure or being banned from re-entering South Africa. Depending on the severity of your overstay, you could face a one to five-year ban, or even a prohibition from reentering.

GREENBERG HATHWAY MACMILLAN will close for the festive season, too.

GREENBERG HATHWAY MACMILLAN 2024 Closure Dates

To best serve you in the new year, our hard-working immigration team must take time off to rest. June’s attorneys work tirelessly throughout the year to fight for immigration justice, defend you from Home Affairs’s missteps, and ensure you stay in South Africa stress-free.

We will close for the festive season on the 19th of December until the 6th of January. Our attorneys will be back in office from the 7th of January.

Department of Home Affairs 2024 Closure Dates

Since the Department of Home Affairs is a government initiative, it will only close on public holidays:

• Christmas Day: the 25th of December
• The Day of Goodwill: the 26th of December
• New Year’s Day: the 1st of January 2025

Before VFS Global closes, remember to apply for a visa extension or renewal. The Immigration Act sets out that if you overstay your visa by more than a month, you will be banned from reentering South Africa for five years. If you overstay by less than 30 days, you could be banned from re-entering for a year.

If you have any immigration queries, contact GREENBERG HATHWAY MACMILLAN. We wish you a stress-free festive season!

The post VFS Closures for Visa Applications first appeared on GHM.

The stampede occurred as a large crowd of foreign nationals gathered in the hopes of renewing or reapplying for asylum or refugee documentation, a process riddled with inefficiencies and corruption.

This event is not an isolated incident but part of a broader systemic issue affecting thousands of migrants. Many find themselves living as undocumented individuals due to delays, long waiting periods, and the disarray that plagues the Department of Home Affairs (DHA). For these migrants, the process of securing legal documentation can stretch for years, during which they remain vulnerable to exploitation and are often forced to endure prison-like conditions just to have their paperwork processed.

A System Under Pressure

Migrants queuing outside the Marabastad office describe a chaotic environment where people start lining up as early as 5 a.m., often without receiving assistance. The desperation to secure a place in line can quickly escalate into a dangerous situation, as evidenced by the recent stampede. Many asylum seekers report feeling helpless, often waiting months or even years without any meaningful progress on their cases. During this time, they live in constant fear of being deported, detained, or further marginalised.

One asylum seeker, who witnessed the stampede, shared his experience of spending years in these queues. He described how the disorder begins as soon as officials arrive, with people pushing and shoving out of desperation. “Once you’re in, you can’t leave, even for a bathroom break, because you lose your spot,” he said, adding that many spend the night in these conditions, hoping for an opening to have their cases heard.

The situation is exacerbated by corruption within the system. Some migrants have alleged that officials demand bribes in exchange for quicker processing, forcing already desperate individuals into paying just to move forward. This is further compounded by a language barrier, as many officials are unable to effectively communicate with the migrants they are tasked with assisting, making the entire process even more arduous.

The Cost of Living Undocumented

For those living in South Africa without proper documentation, the costs, both personal and financial, are enormous. Being undocumented can affect every aspect of life, from finding employment to accessing basic services. Without documentation, migrants are often unable to open bank accounts, secure housing, or even move freely within the country. The impact on mental health is significant, with many feeling trapped in a system that seems designed to keep them out.

Despite these challenges, the government’s response has been slow. The African Diaspora Forum (ADF) has called for immediate reform, urging the South African authorities to address not only the causes of the stampede but also the broader systemic issues affecting refugee and asylum centres across the country. The Marabastad office, one of only five in South Africa that deal with refugees, is notorious for overcrowding, long queues, and inadequate facilities, creating an environment of desperation for those seeking legal status.

Image: The Africa Daily Post

How GREENBERG HATHWAY MACMILLAN Can Help

At GREENBERG HATHWAY MACMILLAN, we understand the complexities and frustrations associated with the South African immigration system. Our team is committed to providing legal assistance to migrants facing the challenges of obtaining or renewing documentation. Whether you are dealing with delays, language barriers, or corruption, we are here to help navigate the process and ensure that your rights are protected.

We offer a range of services, including visa renewals and appeals. Our goal is to alleviate the burden on migrants and provide them with the legal support they need to secure their status in South Africa. With our deep understanding of the legal framework and years of experience in immigration law, we can intervene on your behalf to prevent further delays, ensure that your case is treated fairly, and work towards a resolution that allows you to live and work in South Africa legally.

At GREENBERG HATHWAY MACMILLAN, we stand ready to assist those caught in the system and advocate for meaningful change. If you or someone you know is facing immigration challenges, contact us today for expert legal support.

The post Deadly Stampede at Home Affairs Pretoria Office first appeared on GHM.