19 Jun Good Cause Visa Appeals: Attorneys Only, Says DHA

Recently, the Department of Home Affairs (DHA) has put out a notice declaring that it will no longer be accepting application submissions from immigration consultants and agents. Only applications from either the applicant, an attorney, or a registered immigration practitioner will be accepted.

While applicants are permitted to handle the application process themselves, DHA officials at regional offices are handling self-represented applicants with increasing scrutiny. This is due to the fact that the process of applying for a Good Cause Visa often requires complex legal motivation. Hence, it is often strongly advised to work with a qualified legal professional.

What is a Good Cause Visa Appeal?

The Good Cause Visa Appeal serves as a formal request to the Director-General of the DHA for temporary authorisation to remain in South Africa, despite being an illegal foreigner due to remaining in the country after your visa has expired. If approved, this authorisation enables foreign nationals to finalise and submit an application for a valid visa or status from within the country.

While a Good Cause authorisation grants you permission to stay in South Africa while your new visa is being processed, it does not confer any rights or benefits associated with any specific visa category.

What to Expect from the Application Process?

Foreign nationals who still reside in South Africa, who have not been declared an ‘undesirable person’ due to visa overstays, have not been detained or ordered to depart from the country by the DHA, may apply for a Good Cause Visa Appeal.  This application allows the applicant to provide evidence of exceptional circumstances that prevented them from submitting an application before the expiration of their previous visa.

Required Documentation:

• Motivational letter outlining the circumstances beyond your control that led to your illegal status (e.g. medical emergency, severe DHA system delays).
• Relevant documentation that supports your claim (e.g. medical certificates, official correspondence, etc.).
• Certified copy of your passport.
• Copy of last valid visa/permit.
• Comprehensive information regarding the new visa application you intend to submit; and
• Proof of financial means to support yourself during the application process (3 months’ bank statements).

Do You Require an Attorney for a Good Cause Visa Appeal?

Although applicants may handle the application themselves, it is usually strongly advised to seek professional legal assistance when applying for a Good Cause. Regional DHA offices will immediately reject an application if the motivation is interpreted as weak, which will inevitably result in an inability to remedy your status from within the country. Most of the time, these applications are extremely complex and often require professional legal guidance.

At June Luna Immigration Attorneys, our experienced team’s thorough understanding of South African immigration law and meticulous preparation will allow you to present a compelling, well-documented case.

Are you in the process of starting your Good Cause Application? CONTACT us at June Luna Immigration Attorneys and allow our expert team to assist you in a favourable outcome.