11-year battle for residency is over

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.

“I 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,” 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 Ferguson’s matter was one of the longest outstanding applications he had assisted.

“Due 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,” 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 Ferguson’s matter was referred to its legal department, which had not responded to questions before deadline.