Legal Discussions With Vengai Madzima: Foreign Visa Applications

NewZimbabwe.com has invited Mr. Vengai Madzima, the Senior Partner at Madzima Chidyausiku Museta Legal Practitioners (MCM Legal) to discuss with us legal issues that affect Zimbabweans living in the diaspora. The discussions are of a general nature and those seeking specific legal advice should contact their lawyer.

Reporter: Welcome back Mr. Madzima and compliments of the new season, we want to continue our discussion on Immigration Law, specifically focusing on foreign Visa applications which we understand you can also assist people with. What are the common requirements in Visa applications to foreign destinations from Zimbabwe? 

VM: Compliments of the new season.

Generally, most preferred destinations for Zimbabweans that require visas before entry commonly require the applicants to possess a passport valid for at least 6 months beyond the intended stay. Applicants are naturally required to complete application forms which will list the varying requirements of the country of interest. These requirements commonly include passport-sized photos, proof of financial means, your bank statement or sponsorship letters et cetera and invitation letters or hotel bookings for tourists.

Reporter: What are the common ‘red flags’ for visa denial in Zimbabwe

 VM: The issue of ‘red flags’ has to be analyzed in totality. Zimbabwe was and to an extent remains under sanctions as some members of its leadership are still under sanctions. I say this intentionally because our visa applications are looked at carefully as a result of this background.

Further, a lot of our citizens left Zimbabwe to seek greener pastures under different guises in their applications which has a bearing on current and future applications to visa-requiring countries.

This has to be balanced against the visa officer’s duty to protect his or her country against undesirables when considering your application.

It therefore behoves an applicant to be circumspect when drafting applications. You cannot have incomplete applications with missing information, documents or inconsistencies. Your proof of financial means should align with your intended purpose of visit, where it raises suspicion, such visas are generally denied.

It is important to understand that the visa application is considered as a whole, so your reason for the visit, previous immigration violations and the reasons for such violations, criminal records, inadequate travel insurance, suspicion of intent to overstay, inconsistent travel history and no ties to home country are all considerations which may raise ‘red flags’ when considering an application.

Reporter: You mention criminal records as a potential red flag, is an arrest without conviction in such applications a criminal record and are ex-convicts able to get visa?

VM: Normally the applications require applicants to only state convictions. However, where the application provides for issues to do with fingerprints having been recorded after arrest, then the production of a certificate of acquittal will be useful.

As regards ex-convicts, visas may still be granted depending on the nature of the conviction and the policies of the destination country.

However, it is helpful for applicants to be comprehensive and transparent in disclosing their legal history. 

Reporter: You also mentioned ‘ties with the home country,’ how do you prove these ties?

VM:  For certain applications, especially tourist visas, you must be able to show and prove that you will be returning to Zimbabwe after the visit. With this in mind, you can include your current employment, professional or economic ties to Zimbabwe, family and social ties, property and financial ties, community and cultural ties and any other ties that you may consider to be relevant for the visa officer considering your application. I always say that being granted on first application is better than on appeal

Reporter: The dreaded word, appeal, what steps should I take when appealing a visa denial?

VM:  The first and critical step is to understand the reason for the denial.

Embassies normally provide a detailed written response outlining the grounds for the refusal. Having understood the grounds for denial, if the grounds are capable of remedy, then the appeal has to address the grounds, providing further evidence and explanations as to why the initial application failed to address the issues raised on denial properly.

This may include gathering and providing further documentation and proof to satisfy the visa officer from his or her previous misgivings.

The appeal will also have to be submitted within time and if there are prescribed rules on how the appeal should be submitted, those rules will have to be followed to the letter.

Alternatively, it may be more practical to submit a new application instead of pursuing an appeal. The circumstances dictate the best option.

Reporter: Thank you, Mr. Madzima we have run out of time.

VM: Thank you.

Related: 

• Legal Discussions with Vengai Madzima: Immigration, Citizenship and Deportation in Zimbabwe
• Legal Discussions with Vengai Madzima: Laws Affecting Returning Residents to Zimbabwe    

You can contact Vengai Madzima on vengai@mcmlegal.co.zw or at www.mcmlegal.co.zw.