I'm pregnant. What visa options are available to let my boyfriend stay in SA longer than 3 months?

A life partner visa is a temporary residence permit that a foreigner who is not married but is in a permanent relationship with a South African citizen can apply for.

The short answer

He could apply for a number of visas: work, critical skills, life partner or (eventually) a relative visa

The whole question

Dear ?

I have been in a relationship with my Serbian boyfriend for almost two years now. We recently found out that I am pregnant. Although we are not quite ready for marriage yet, we would love to raise our child together.

What options do we have in terms of him coming to stay in South Africa for longer than three months at a time on a tourist visa?

The long answer

There are a number of visas that he could apply for, including a work visa, a critical skills visa, a life partner visa or a relative visa. Given the pandemic, however, and the suspension of many services by Home Affairs during the lockdown, all applications are bound to take even longer than usual.

For all the visas he would need passport, completed visa application form and various police and medical clearances.

*For a work visa*, he would need to have a written offer of employment from a South African employer who would need to prove that a suitable South African could not be found to fill the advertised position. A work visa is valid for the period of the contract but not exceeding five years.

*For a critical skills visa*, he would have to list one of the skills on the new critical skills list and the required certification proving his qualifications, as well as proof that he has the financial means to support himself while he looks for employment. The critical skills visa is also valid for up to five years.

A life partner visa is a temporary residence permit that a foreigner who is not married but is in a permanent relationship with a South African citizen can apply for. The application must be made from the applicant’s country unless he is here on a temporary visa like the general work permit. You would have to prove that the two of you had been in a long-term relationship for two years and that you are a couple that is emotionally and financially dependent on each other. You would need to show shared financial arrangements and provide letters of support for the application from family and friends. You would have to have separate interviews with Home Affairs officials to establish the authenticity of your relationship. This is a temporary residence permit that is typically given for two to three years but can be extended if you can prove that the relationship is still viable. One of the advantages of this kind of permit is that he can apply for an endorsement for work if he gets a suitable offer of employment when he has been granted the life partner visa, without going through the onerous business of getting a South African employer to prove that he could find no suitable South African to fill an advertised post. He can also apply for an endorsement to study.

South African child. As the South African citizen, you would need to prove that you have the financial resources to support him. This visa is issued for up to two years at a time and he would not be allowed to study, open a business or work during the two years.

At the present time, all international travellers must present a valid certificate of a negative test result for Covid-19 that is less than 72hours old at th e time of departure.

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Illegal in South Africa - Lockdown – Cannot get asylum - Law enforcement bothering you - Legal Immigration Services

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Controversial law to restrict foreign workers in South Africa

Employment and Labour minister Thulas Nxesi says that his department will introduce a new labour migration policy that regulates foreign workers in South Africa.

In a briefing to parliament on Friday (5 March), Nxesi said that the policy would be submitted to president Cyril Ramaphosa’s cabinet for approval soon, and that an official pronouncement would follow.

Nxesi said that the policy would primarily deal with low-skilled workers, with government expecting a ‘big debate’ given the tensions around foreigners in the country.

“We are going to be needing a balancing act – how do we ensure that we do not violate the Constitution in terms of the Bill of Rights and the right of everybody to work?

“There are various international conventions we have signed giving rights to refugees, both legally and illegally. But how do we also respond to the pressure of the mass employment of our people at the lower levels.”

Nxesi said that South African employers deliberately prefer foreign workers as a source of cheap labour, as they are willing to take ‘anything’ for wages.

The minister indicated that a number of interventions were being considered as part of the policy, but confirmed that his department was considering the introduction of quotas that would specify how many foreign workers could be hired in a given sector.

Based on previous comments by Nxesi, the sectors which are likely to be directed impacted by the labour migration policy include:

  • The hospitality sector;
  • Restaurants;
  • Security;
  • Farming and agriculture.

Specific jobs such as restaurant waiters and truck drivers are also likely to come under scrutiny as they have previously been identified by the department as having a high concentration of foreign workers.

The Quarterly Labour Force Survey (QLFS) published at the end of February shows that South Africa’s unemployment rate is now 32.5% – its highest point since the survey was started.

The unemployment rate according to the expanded definition of unemployment decreased by 0.5 of a percentage point to 42.6% in Q4 compared to Q3.

The results of the QLFS show that around one million people moved from the ‘not economically active’ segment of the population – which is broadly defined, but includes those who lost work during the Covid-19 lockdown – back into the workforce.

However, the split between those who returned to employment and those who are now classified as unemployed, leans heavily towards the latter.

The number of employed persons increased by 333,000 to 15 million in the fourth quarter of 2020, it said. Meanwhile, the number of unemployed persons increased by 701,000 to 7.2 million compared to the third quarter of 2020.

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Home Affairs, UN Refugee Agency project seeks to clear SA asylum seeker backlog

CAPE TOWN - Asylum applications could be streamlined with the launch of the Asylum Backlog Project.

It's a joint endeavour by the Home Affairs Department and the UN Refugee Agency.

It aims to eliminate the backlog in South Africa’s asylum system by 2024.

Home Affairs Minister Aaron Motsoaledi said that the Asylum Backlog Project would include hiring more staff to help deal with a backlog.

"We provided a sum of U$9.6 million for this project over a period of four years. They'll also provide technical assistance in the form of training. The money will be used to employ 36 extra lawyers because at the moment there are only three."

Motsoaledi said that when the Refugee Act came into effect in 1998, the country had 11,000 asylum applications and in 2006 it reached 53,000.

"In 2008, it increased fourfold - 207,000 people just arrived and said they're looking for asylum. Now while the system was still shocked, the following year another 223,000 followed, which means there's still 400,000 people within a period of two years. Since that time, the system has never recovered."

He said that they'd still not been able to clear that backlog.

"The number of people now who must be cleared via this backlogs is 163,000 applications."

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International travel from England still banned as Boris Johnson announces easing of lockdown

UK Primer Minister Boris Johnson has announced a phased plan for  easing England's lockdown.

  • International travel is still, however, barred.
  • England has, meanwhile, began vaccinations.

British Prime Minister Boris Johnson set out a phased plan on Monday to end England's Covid-19 lockdown, offering a "cautious" approach to try to prevent a return to wholesale restrictions that have hobbled the economy.

International travel from England will be banned until 17 May at the earliest, Johnson said.

In its roadmap for easing restrictions, the government announced a review of travel which will report on April 12 with recommendations about how international travel should resume, while managing the risks f new variants of coronavirus.

 

Britain is looking at a system of allowing vaccinated individuals to travel more freely internationally, it added.

Johnson, under pressure to allow more freedoms to millions of people stuck at home and offer hope to shuttered businesses, said the first stage would prioritise schools returning on 8 March when only minimal socialising outdoors would be allowed.

The so-called roadmap would then pass through four stages, with five weeks in-between, and the final step, when most restrictions would be lifted, not starting until 21 June at the earliest.

"The threat remains substantial", Johnson told parliament, saying it was crucial the roadmap was cautious but irreversible.

"We're able to take these steps because of the resolve of the British public and the extraordinary success of our NHS (National Health Service) in vaccinating more than 17.5 million people across the UK."

With almost 130,000 fatalities, Britain has suffered the world's fifth-highest official death toll from the pandemic and its $3 trillion economy has seen its biggest crash in over 300 years.

But Johnson said the fast start to the vaccine roll-out plus a sharp fall in infections can now set out a cautious easing of England's tough national lockdown, which started on 5 January.

As the plan unfolds, lawmakers will have a chance to vote on specific steps. Authorities in Scotland, Wales and Northern Ireland, which are responsible for their own public health, will also ease restrictions over the coming months.

*Vaccinations*

A total of 17.7 million people have received their first dose of a Covid-19 vaccine, official data released on Monday showed.

Britain also reported a further 10 641 cases and 178 deaths within 28 days of a positive test.That compares with 9 834 and 215 respectively on Sunday.

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