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You can read the transcript of the June edition of the monthly Intergate Immigration podcast below.
Intergate Immigration Service – Podcast June 2012 Edition
Hi I am Claus Lauter from Intergate Immigration, thanks for joining me on our monthly podcast.
Many South Africans head abroad for work experience and travel opportunities. Of course during the period abroad, some meet the person with whom they wish to partner with for the rest of their life’s.
But what is the situation if they choose, as many do, to settle in South Africa?
First of all let have a look at what constitutes a partner in terms of South African immigration rules and just who can apply.
Firstly a partner can be one part of a married couple. Unlike some countries there is no minimum period of time you must have been married for to obtain temporary residency.
Secondly South Africa recognises that not all couples wish to get married so offers a life partner permit. Again there is not a time criteria as such but of course adequate proof must be given demonstrating the relationship is for life and akin to marriage.
Thirdly South Africa does not discriminate between hetrosexual or same sex couples. In other words applications can be made for same sex couples under the same criteria as hetrosexual couples would.
So the establishing the type of perm it to apply for is as simple as whether or not you are married.
Lets have a look at the spousal permit in a little more detail:
Spousal permits can be applied for under both temporary and permanent residency applications. Both permits require that the relationship must proven to be legitimate. This proof obviously includes your marriage certificate and can also include items such as proof of cohabitation, joint financial commitments and affidavits from friends and family.
Permanent applications would require the same level of proof, but please note applications for permanent residency can only be made after you have been married for a minimum of 5 years.
For Life partners, again the ability to apply for both temporary and permanent residency applies. In this case the relationship would need to have been continuous for a minimum of 5 years.
For life partner applications there may well be an added burden of proof, as the Department of Home Affairs seeks to ensure the relationship is indeed legitimate. This is common with most countries as life partner permits tend to be one of the most abused ones. Items such as a partner affidavit will be required and indeed interviewing both the South African and their foreign partner are very common.
Importantly approval of an application, for either spousal or life partner, does not provide any other rights to the permit holder other than to reside in South Africa with their South African partner. It does not mean that the permit holder is able to work, study or run a business.
If the foreign partner wishes to undertake any of these activities then an endorsement must be applied for allowing this.
Next month we will explore all the endorsement options that are available to partners. Of course if you need information beforehand feel free to e-mail us on firstname.lastname@example.org or visit our website on http://www.intergate-immigration.com. Whilst you are there why not subscribe to our newsletters and social media groups.
We look forward to seeing you online and at our next podcast.