This typ e of South Africa Spouse or life partner permit is available to people in either heterosexual or same-sex relationships and can be applied for as either a spouse temporary residence permit or a permanent residence permit depending on the length of the marriage or relationship in question.

Foreigners who are spouses of South African citizensor permanent resident holders may apply for permanent residence. To obtain permanent residence, you would have to have been with your partner for more than 5 years.

Being one of the most progressive countries in the world in recognizing same-sex couples and affording them equal rights to that of heterosexual unions South Africa grants spousal permits to life partners in both same-sex and heterosexual relationships.

• The spousal permit is classified under the relative’s visa category and is renewable.
• The spousal visa is issued for a period of 36 months at a time. An added factor is the expiry date of the passport , ie the visa cannot be longer than expiry date of passport.
• It is a temporary residency visa and is only issued to foreign nationals who can prove a committed relationship with a South African citizen or person holding permanent residency.
• The couple must be abl e to prove a relationship longer than two years

If you would like to study or work while in the Republic you may do so but you would have to apply for working rights to be added to your visa. Persons on a spousal permit may also only apply to have either study, or business or working rights added to their visa, but not all three. This means that if you added a working rights endorsement to your visa you may only work for an employer.

SAPeople has collaborated with the Democratic Alliance (DA) to petition South Africa’s Home Affairs Minister to resolve the passport renewal crisis that is currently brewing abroad.

SAPeople is inundated daily with cries for help from South Africans abroad who are unable to contact their own Embassies, and whose passports are expiring – putting their jobs, their health care and their ability to remain overseas with their families in jeopardy.

SAPeople Editor Jenni Baxter said: “We have tried contacting the official channels for urgent help on behalf of these desperate South Africans, but have largely been met with curt replies or silence, despite even offering to assist. As the matter is urgent, we have collaborated with the DA who will be able to use this petition to raise the issue in Parliament and hopefully resolve this situation as soon as possible for South African citizens abroad. We call on all those affected, as well as their families and friends to please sign the petition, so that we can move this frustrating situation forward for them.”

A residency permit crisis looms for South Africans living abroad as some have started to get orders to leave due to expired passports.

South Africans living, working and studying abroad wait six to twelve months for their passport renewals. In stark comparison, India recently announced a two day to two week turnaround time for their nationals renewing passports abroad!

The Covid-19 pandemic has only worsened an already unacceptable situation with South African embassies closed and South Africans citizens stranded, said DA MP Adrian Roos and DA Abroad Leader Dr Rory Jubber in a joint statement on Tuesday.

Many embassies that are now open have four to six week waiting lists just to apply for a passport renewal.

Section 21(4) of the Constitution grants every citizen the right to a passport and for those South Africans living abroad the expiry of their passport means their visa expires and they are subject to daily fines and deportation.

It is an untenable situation and the DA wrote to the Minister of Home Affairs, Aaron Motsoaledi, to request that his department finds some mechanism to grant South Africans an emergency validity extension to their passports.

“From media statements by the Minister, it is clear he does not understand the problems that South Africans living abroad are confronted with when they are unable to renew their documents in a timely manner. South Africans living abroad do not only need their passports to return to South Africa.

“They need their South African passports and other documents to be able to function legally in their countries of residence; to work, to remain as legal residents and to access vital services like healthcare and education,” said the statement.

Therefore, to assist South Africans abroad, the DA and SAPeople will petition the Minister of Home Affairs to:

• Ensure South Africans living, working and studying abroad who are facing long waits for their renewed passports have an emergency extension to their passport that covers the 6-12 month average wait.
• Co-ordinate with the Department of International Relations and Cooperation to ensure all facilities where applications are made abroad are fully open for business and are Covid-19 safety compliant.
• Put in place measures to reduce the turnaround time for passport applications from abroad including electronic applications at larger missions and the option to courier applications.

SAPeople receives a deluge of desperate emails daily, and can no longer stand back and just report on this matter. We hope that by collaborating with the DA – who also do not want to stand idly by while South African citizens are in need – that this petition will ensure this matter reaches the highest offices, and can soon be resolved.

www.samigration.com

Life Partner visa is issued to someone in a long term relationship.

This type of South Africa life partner visa is available to people in either heterosexual or same-sex relationships and can apply for a life partner temporary residence visa or a permanent residence depending on the length of the relationship in question.

An application for temporary residence life partner visa requires that the partners are in a proven relationship for 2 years. Foreigners who are life partners of South African citizens or permanent resident holders may apply for permanent residence if they have been together for 5 years or more in terms the Immigration Act.

To obtain permanent residence, you would have to have been living with your partner for more than 5 years. This came about with the new regulations.

The life partner visa is very similar to the spousal visa but accommodates same sex partnerships. You will have to prove financial and emotional support and may be called upon to be interviewed by the department.

SA Migration Intl will guide you through the entire process and make sure that your application is fully compliant with the immigration law to ensure a successful outcome. Once your application has been submitted we ensure you will be able to track the progress of said application either directly via VFS or via our followup processes via our application tracking system and be kept fully up to date with the progress of your application.

Once we confirm that you will qualify for the visa we will ensure you have a successful application.

www.samigration.com

Although you do not have to use a registered migration agent to lodge your visa application, they might be able to help you if your case is complex or you require immigration assistance.

Registered migration agents are required to:
• have a sound knowledge of migration law and procedure
• act professionally and in a timely manner
• abide by the Code of Conduct for registered migration agents
• have appropriate insurance
• be a fit and proper person to give immigration assistance and be a person of integrity (this will involve criminal history checks).
If you have a problem with a registered agent, you can make a complaint to the Authority – FIPSA .

Why shouldn’t I use an unregistered migration agent?

In South Africa, unregistered people working as migration agents are not breaking the law but are unregulated and you have no recourse for poor advice which will have devasting consequences on your application and your future in South Africa .
This is because people who are not registered might:
• not know about current South African legislation and procedures
• give you incorrect advice
• make false claims about your chances of success.
Advantages of a registered Immigration Practitioner:
• knows the current South African Immigration legislation and procedures
• writes a licensing exam and is registered with FIPSA / Law Society
• will always give you correct advice
• will be honest about your chances of success
• will go for regular training with Department of Home Affairs, Department of Labour, VFS and Department of Trade and Industry.
Applying in South Africa: if you want to report an unregistered person, you can contact us (free of charge).

Applying outside South Africa: if you are outside South Africa and suspect that an unregistered person has broken the law, you can report them to your local law enforcement authority and tell your nearest immigration office or SA Embassy .

If you think that a migration agent is acting unprofessionally, you should also tell your nearest immigration office ( Department of Home Affairs ) .

SA Migration International is registered with FIPSA ( Forum of Immigration Practitioners ) and the Department of Home Affairs

www.samigration.com

An alternative to the Retirement Visa route exists in the financially independent visa for which candidates would need to be able to demonstrate a net asset value totalling not less that R12 million.

In addition, it would also be necessary to demonstrate proof of payment of R120,000 as a non-refundable sum to the Director General of Home Affairs. The application for a financially independent visa will lead to permanent residence.

• A retired persons visa may be issued for a period exceeding three months to a foreigner who intends to retire in the Republic, provided that the foreigner provide proof that such foreigner has the right to a pension or an annuity or retirement account which will give such foreigner a prescribed minimum payment for the rest of his or her life from the country of his or her origin; or a minimum prescribed net worth.
• The Department may authorise the holder of a retired person Visa to conduct work under terms and conditions as the Department may deem fit to determine under the circumstances.
• A retired person visa may allow its holder to sojourn in the Republic on a seasonal or continuous basis; and not exceed a four-year period, at the expiry of which it may be renewed one or more times.

www.samigration.com