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You can read the transcript of the July edition of the monthly Intergate Immigration podcast below.
Intergate Immigration Service – Podcast July 2012 Edition
Hi I am Claus Lauter from Intergate Immigration, thanks for joining me on our monthly podcast.
Last month we discussed the many foreigners that are coming to South Africa with their returning South African partners.
As we learn’t married, unmarried and same sex partners all qualify for either a life partner permit if unmarried and a spousal permit if married.
Importantly though these permits only allow the foreign partner to enter and stay in South Africa, in fact they are very much like a very long tourist visa. If they want to study, work or run a business they need to apply for an endorsement.
Lets start with the most common situation, a partner who wants to work in South Africa. Lets assume they already have in their possession a temporary spousal permit and have just been offered a job by ABC limited.
Before they are able to start work the partner needs to get their spousal permit endorsed by the Department of Home Affairs. There is some good news here:
1. There are none of the requirements of a normal work permit that pertain to the employer having to first see if a South African can be recruited.
2. There are also no requirements or obligation on the employer offering the position.
The only additional item to a normal spousal application would be the actual job offer.
The endorsement is specific to this particular job, so it needs to be remembered that should the permit holder change jobs, they would need to get a new endorsement before commencing their new duties.
Its good practise for a copy of the permit to be given to the employer in case of enquires from the Department of Home Affairs.
Now lets know turn our attention to those partners who see their move to South Africa as a good opportunity to further their studies.
Again, and in keeping with the regulations around the work permit, the parter permit holder cannot commence their studies until in possession of the appropriate endorsement.
To apply for the endorsement the partner needs to have been formally accepted by the learning institute. In this case the endorsement will be valid for the length of the course or until the expiry of the permit if shorter.
When moving from one learning institution to another the partner will again need the endorsement altered accordingly. This will require not just acceptance from the new learning institution but also a letter of release from the current one.
Lastly for the entrepreneurs, a business endorsement will be required. The proof to be submitted for this takes the form of company registration documents. Applicants need to be aware that this can take 4 – 6 weeks to get the company registration documents, in addition to the time the actual endorsement takes. Therefore as you cannot commence your business until the endorsement is received ample time should be allowed.
As per study and work, if you should change businesses you will need to obtain a new endorsement.
So we have covered work, study and business. Now just to cover a few common questions we get asked often.
In terms of how long an endorsement is valid for it varies on your situation:
A work endorsement is valid for either the length of the job offer or permit expiry date which ever is the shorter.
For a study endorsement the length of the course or permit expiry date which ever is the shorter.
For a business endorsement as long as the permit is valid.
Renewals of the permit and endorsement should be applied for in ample time, say 6 months prior to expiry.
If you should receive you permanent residency then the need for endorsements will drop away. Remember this can be applied for after 5 years of marriage or of being life partners.
Lastly lets talk a little about the application process. Applications should be made in your country of residence prior to coming to South Africa. If you already have a job, a place at a learning institute or a business set up, then the endorsement can be applied for at the same time.
If not, then the endorsement can be made later when you are in South Africa.
For those followers of our podcasts we thank you for joining us again this month and those newcomers welcome and we hope to see you become a regular.
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We look forward to seeing you online and at our next podcast when we are going to give you our top 10 tips for a successful immigration to South Africa.