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11-year battle for residency is over

Source: Cape Times, 12/03/2018

KIRSTENHOF resident Margaret Ferguson, 77, won an 11-year battle to
acquire South African residency after the Western Cape High Court ruled
in her favour.
Ferguson arrived in 2002 from the UK on a missionary visa and decided
to continue her volunteer work. She bought a property in Kirstenhof and
worked with a ministry at Pollsmoor Prison.
Ferguson said she applied in 2007 for permanent residency after her
missionary visa expired. She appointed a visa application agency to
handle it.
â€œI applied for a second temporary visa and there was confusion between
Home Affairs Cape Town and Pretoria. Cape Town said on record it showed
I already had a permanent visa, which was wrong and sent the temporary
one back to Pretoria who told my agent they did not receive it,â€ said
Ferguson.
She said she had been informed her situation was a complex one. With no
visa in her passport, she faced the possibility of being arrested as an
illegal immigrant and thus sought the assistance of an immigration
expert.
Immigration lawyer Craig Smith said Fergusonâ€™s matter was one of the
longest outstanding applications he had assisted.
â€œDue to the new immigration laws, Margaret faced being banned for five
years if she decided to visit the UK, and was in legal limbo, as she
was in fact an illegal immigrant. I informed her that we had no other
recourse but to take the matter to the High Court and force Home
Affairs to issue her with permanent residency, which they have done,â€
said Smith.
He said the department had not opposed the application.
Smith said there seemed to be a strong trend within the Home Affairs to
refuse retirement visa applicants.
Approached for comment, the department said the query relating to
Fergusonâ€™s matter was referred to its legal department, which had not
responded to questions before deadline.

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