Spousal visa delay gets mother banned

Source: Cape Times, 29/12/2015

A LOCAL father has blamed bureaucratic bungling by the Department of
Home Affairs for his New Zealand-born wife being banned from entering
South Africa for a year.


David Vollenhoven said after several years living overseas he had
returned at the end of 2013 with his wife and their infant daughter to
live permanently in Cape Town.


His wife Kelly was granted a two-year spousal visa in 2013 and she
applied to renew it on July 31. The couple had also informed Home
Affairs of their plans to holiday in New Zealand in December and that
the issue of a spousal visa was urgent.


But they got no joy and with
their flights to New Zealand drawing closer, Vollenhoven hired an
immigration attorney to assist with expediting his wife`s spousal visa
application. The lawyer confirmed her two-year spousal visa had been
approved and printed in Pretoria, but that it had not been dispatched
to Visa Facilitation Services (VFS) in Cape Town.


"On November 25 I sought assistance via e-mail from one of the senior
officials at Home Affairs. He replied on December 8 that the matter
would be attended to and resolved within four working days (if not
done so already). I replied that we fly out on December 11 and that
four days would be too long. To date I have not received any further
reply," says Vollenhoven.


Now desperate, he went to the Home Affairs office in central Cape Town
on December 11, and was promised the visa could be reprinted and
dispatched to the Johannesburg office of VFS by midday on December 11.



The couple were shocked to find, despite promises, that immigration
officials at OR Tambo had not flagged her. And when she and the
children left for New Zealand, she was instead declared an
"undesirable person" and banned from entering South Africa for a year.



While his immigration lawyer lodged an appeal with Home Affairs,
Vollenhoven says the ban meant his wife could not return to Cape Town
next week.


"We acted in good faith at all times. The decision is
unconstitutional. There is a lack of accountability within the DHA and
VFS and no support for South African citizens," said Vollenhoven.



Home Affairs Department spokesperson Thabo Makgola referred enquiries
to Home Affairs Minister Malusi Gigaba`s spokesperson, Mayihlome
Tshwete, who did not respond to several calls and text messages.