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obtain a South African life partner visa, cohabitation for at least two
continuous years is a mandatory requirement. Below is a detailed breakdown of
the legal framework, evidence requirements, and implications: Key Requirements for Cohabitation 1. Legal Mandate for Shared Residence - Applicants must prove cohabitation with a South African citizen or permanent resident for two consecutive years before submitting the visa application1. - The relationship must be "permanent and exclusive", with both partners sharing a household and financial responsibilities 2. Proof of Cohabitation Required documentation includes: - Joint lease agreements or property ownership documents showing shared residence - Utility bills (electricity, water, internet) in both partners’ names - Affidavits from neighbours, landlords, or community leaders confirming cohabitation - Notarial cohabitation contract (Apostilled) outlining the terms of the relationship, mutual financial support, and exclusivity 3. Financial Interdependence - Joint bank account statements demonstrating shared expenses - Spousal relationship affidavit detailing financial contributions (e.g., rent, school fees, medical bills) - Proof of a combined monthly income (unless the sponsoring partner is a South African citizen/permanent resident) Exceptions and Special Cases 1. Applications from Abroad - If applying from outside South Africa, the foreign partner must submit proof of prior cohabitation (e.g., shared leases from another country ) - Applications within South Africa are only permitted if the applicant holds a valid temporary visa (e.g., work or study visa) Exceptions to Cohabitation Requirement While cohabitation is often considered an important factor, there may be exceptions. For example: 1. Cultural or religious reasons: In some cultures or religions, it may be customary for couples to live apart until marriage. 2. Work or study commitments: Couples may be living apart due to work or study commitments, but still maintain a committed and exclusive relationship. 3. Health or disability reasons: Couples may be living apart due to health or disability reasons, but still maintain a committed and exclusive relationship. 2. Endorsements for Work/Study - While cohabitation is mandatory, the foreign partner can apply for work or study endorsements on the life partner visa without leaving South Africa - Endorsements require additional documentation (e.g., employment contracts, business registration) Consequences of Non-Compliance - Failure to prove cohabitation results in automatic rejection of the visa application. - If the relationship ends after visa issuance, the visa lapses immediately, requiring the foreign partner to leave South Africa or apply for a new visa category. Important Documents - Notarial contracts are now mandatory for all life partner visa applications - Police clearance certificates Summary Cohabitation for two years is non-negotiable for a South African life partner visa. Applicants must provide robust evidence of shared residence, financial interdependence, and a committed relationship. While the process involves significant documentation, exemptions for parental responsibilities or domestic abuse may offer limited flexibility under recent constitutional rulings Consulting an immigration practitioner such as ourselves is advisable for complex cases. How can we help you , please email us to info@samigration.com whatsapp message me on:  +27 82 373 8415, where are you now? check our website : www.samigration.com Please rate us by clinking on this links : Sa Migration Visas https://g.page/SAMigration?gm |