28 Apr Pending Visa in South Africa? Your Legal Options

Is your visa application taking longer than expected? Although the Department of Home Affairs (DHA) has significantly reduced its visa backlog, there are still numerous visa applicants waiting for the outcome of their applications. Navigating the complexities of the South African immigration system can be a frustrating task.

Especially considering the DHA’s reputation for poor communication and inconsistency in following up on applications. Unfortunately, there is only so much a single person can do to fight the system. If you have submitted a visa application, have undergone all necessary steps, and you’re still left without an outcome, you might want to consider professional immigration legal services.

An immigration lawyer can directly follow up with the DHA regarding your application, and if necessary, force an outcome through litigation.

Internal Remedies

Before one can undergo litigation, it is crucial that applicants have exhausted all other internal remedies. If you jump straight to court without taking all necessary steps, you run the risk of severely weakening your case.

It is vital to follow up properly on your application and to keep a clear paper trail of your communication with the DHA, including your reference numbers and proof of submission.

If your application is experiencing delays that go beyond normal processing times, you can submit a formal demand letter where you state the date of your application, what decision is outstanding, and why the delay is unreasonable. The letter should also include a reasonable deadline for their response.

This will signal that you’re taking the delays on your application seriously without yet going to court.

When to Consider Legal Action

If you’ve gone through these previous steps without obtaining an outcome on your visa application, it would be best to consider professional legal guidance. An immigration lawyer will be able to assist you under the Promotion of Administrative Justice Act (PAJA).

This Act will allow you to challenge the DHA for failing to produce an outcome and for unreasonable delay in your visa application. When taking the case to court, along with your documented communication with the DHA, the court will set out an order to make a decision within a set timeframe.

At June Luna Immigration Attorneys, our experienced team of lawyers will assist you in obtaining your desired result through litigation. As the most effective line of action, this process will guarantee an outcome to your application in a timely manner.

CONTACT US today to receive a timely outcome on your visa application.