The short answer
You might need legal assistance
The whole question
I’ve
lived in South Africa for six years and I've had the same asylum
seeker's issue for several years. When I arrived, I applied for a study
permit and paid half of my tuition fee before the start of the semester.
I did this before submitting my application to Home Affairs for an
asylum seekers permit. After six months, I was informed that my
application was unsuccessful, stating that I had insufficient funds to
study. Since Home Affairs couldn’t give me a study permit, I was unable
to complete my studies. That’s when I applied for an asylum seekers
permit, which I’ve been renewing since.
I also got married in 2017
and since then, my wife and I have been trying to formalise our
marriage, but it’s been from pillar to post. The refugee centre told us
to go to Home Affairs, but every Home Affairs office I’ve visited has
been unable to help us. They informed us that if we plan on getting
anything, such as property, it would be unsuccessful because we are not
legally married. When our son was born, the hospital refused to put my
name on his birth certificate because I have an asylum seekers permit. I
don't want my children to experience such difficulties in the future
and I want my family to live a normal life. What can I do to formalise
my marriage?
The long answer
Many asylum seekers have faced the same difficulties in formalising their marriages.
This is the story behind it:
In
2017 Home Affairs officials said that according to a recent circular
they were not allowed to marry asylum seekers whose applications for
asylum had not yet been finalised.
A couple who had been waiting for
five years to formalise their marriage then took Home Affairs to court.
The Eastern Cape Division High Court found that the Home Affairs
circular undermined the fundamental right to equality and that it was
therefore unconstitutional. The court ordered that the couple should be
allowed to marry.
But Home Affairs appealed the judgement and took it to the Supreme Court of Appeal.