Frequently Asked Questions

Visa Escalation and Litigation Services

Why do visa applications experience delays at the Department of Home Affairs?

Visa processing delays occur due to administrative backlogs, procedural inefficiencies, and increased application volumes. In some cases, applications remain pending without explanation, causing disruptions to business and personal plans.

If a visa or Permanent Residence Permit application has been pending beyond the normal processing time, applicants should first verify the application’s status, ensure all required documents were submitted correctly, and consider formal escalation if there is no progress.

The Diagnostic Assessment involves a detailed review of your application, verification of submission history, identification of procedural errors, and compilation of a report outlining the best course of action.

It is specifically designed to provide an overview of the recommended course of action, applicable to each individual’s circumstances, particularly in light of whether the pending application has sufficient merit and whether escalation and litigation would be feasible.

Escalatory letters are formal legal communications addressed to the Department of Home Affairs. We issue a series of letters emphasizing the urgency of your application and notifying the Department that legal action will be pursued if adjudication is not completed within the required timeframe.

If escalation in and of itself does not yield the desired result, litigation may be employed, whereby a High Court application to compel the Department of Home Affairs is served and filed in the High Court of South Africa to finalise the outcome of the pending application. The court may issue either a Substitution Order (directing immediate visa issuance) or an Alternative Order (mandating a decision within a set timeframe).

Xpatweb has maintained a 100% success rate in securing favorable outcomes for clients through strategic litigation.

  • Expertise in immigration law and Department of Home Affairs procedures.
  • Proven track record in resolving long-pending visa applications.
  • Tailored, case-specific legal strategies.
  • End-to-end support throughout the escalation and litigation process.

Visa and Permit Appeal Applications

What should I do if my visa or permit application is rejected?

You can either submit an appeal or reapply, depending on the reasons for the rejection. A professional assessment of your case is recommended to determine the best course of action.

Rejections often occur due to missing documents, non-compliance with visa requirements, or adjudication errors by the Department of Home Affairs.

Upon rejection, an appeal can be lodged with the Department of Home Affairs, requesting reconsideration. Whereby the Department may then either grant the visa or uphold the rejection.

In some cases, reapplying may be a better option than appealing. This depends on the nature of the rejection, the location of submission, and the status of your current visa.

If an appeal is rejected, a second appeal can be submitted. If that also fails, litigation may be considered if there are legal grounds to challenge the decisions that were made.

Legal action is appropriate when all administrative remedies (appeals or reapplications) have been exhausted, and there is strong evidence of an unjust rejection or procedural failure by the Department of Home Affairs.

To minimise the risk of rejection, ensure all required documents are submitted from the start and the application complies with all the relevant provisions of the Immigration Act and the Immigration Regulations.  In most instances, it is advisable to seek professional assistance to ensure successful first-time processing.

Processing times vary, but appeals can take several weeks to months, depending on the complexity of the case and the Department of Home Affairs’ backlog.

The average processing times for appeal applications are between 8 – 12 months; however, the processing times of applications submitted to the Department of Home Affairs have significantly improved.

In most cases, it is recommended for Applicants to remain in country pending the adjudication of their applications submitted within South Africa. 

If the Applicant is in possession of a valid visa, which has not reached its expiry date, they may depart South Africa without the consequence of being declared as an undesirable person.

CONTACT US

Scroll to Top