To
Portfolio Committee on Home Affairs
From
Shabari Shaily Gerber
Subject
Pending spousal permit renewal application to work in SA
Date
4 September 2023 9:54 a.m.
Dear Portfolio Committee on Home Affairs,

I take note of the recent committee meeting on 29 August 2023. I'd like to bring to the committee's attention that the Department of Home Affairs statement that the majority backlog is in Relative's Visa, which has low economic impact, is contentious at best. I work at the British High Commission and received a Spousal permit which allows me to work about 7 years ago. I last applied to renew it in May 2022 so that I can continue to work legally in SA and contribute to SA economy as I am a tax paying foreigner. I have intended to buy a house and invest in other ways however, since Home Affairs has to date not processed my application which was for a straightforward renewal, I am left helpless.
I do not agree that the spousal visa backlog has NO impact on SA's economy as has been the case presented by the Home Affairs. Many of us have built a life in SA as our spouses are South Africans and have been contributing to the economy through business, employment and education.

I'd like to petition the committee to please emphasise the negative impact of DHA delaying the processing of Spousal permits as much as any other visa categories.

I may have to resort to legal action as it has now been 18 months since I submitted my Permanent Residency and 15 months since the temporary residency renewal for 11.6 category. However, it is a costly exercise and I find it highly unconstitutional for the Department to prevent me from continuing to work in SA and live with my spouse. Furthermore, DHA has instituted a bizarre policy that while we are allowed to stay in SA legally waiting for the outcome under the blanket extension, if I was to leave the country I must apply or a visa to re-enter. Please advise how is this sensible!! I have not left the country since last year June because if I do - even though I am employed full-time in SA - I will have to apply for a tourist visa as an Indian national, which is simply ridiculous.

I would appreciate if the committee takes note of this plea and undertakes necessary steps to resolve this.

Best
Shabari Shaily-Gerber