Yes, your life partner can apply for a Spousal Visa (technically referred to as a Life Partner Visa) to immigrate to South Africa, even if you hold dual citizenship. South African immigration law allows both spouses and life partners of South African citizens (including those with dual citizenship) or permanent residents to apply for temporary or permanent residence visas based on their relationship.
However, there are specific requirements, especially regarding the duration of the relationship, that determine eligibility for temporary and permanent residence under the Life Partner Visa category. The following provides a detailed explanation of this process, including eligibility criteria, restrictions, and benefits.

1. Eligibility Criteria for a Life Partner Visa

1.    Definition of Life Partner:
o    A life partner is defined as someone in a permanent, committed relationship with a South African citizen or permanent resident, but who is not legally married to them.
o    Both heterosexual and same-sex relationships are recognized under South African law.

2.    Proof of Relationship:
o    Applicants must demonstrate a genuine and long-term relationship by providing supporting documents, including:
 -    Joint financial commitments such as bank accounts, leases, or property ownership.
 -     Affidavits from both partners confirming the authenticity of the relationship.
 -     Evidence of cohabitation, such as utility bills or rental agreements in both names.
 -     Photographs, communication records, or letters from friends and family affirming the relationship.

3.    Sponsor’s Citizenship Status:
o    As the South African partner, you must prove that you are either:
 -     A South African citizen (ID book, passport).
 -     A permanent resident of South Africa (permanent residence certificate).
 -     If you hold dual citizenship, you must provide proof that you retained your South African citizenship when acquiring foreign citizenship (e.g., Retention of Citizenship Certificate).

4.    Financial Support Requirement:
o    The South African sponsor must demonstrate the financial ability to support the applicant during their stay in South Africa.

5.    Good Standing Requirement:
o    The applicant must provide police clearance certificates for all countries where they have lived for more than 12 months for the past 5 years .
o    Medical and radiological reports confirming good health are also required.

2. Temporary Residence vs Permanent Residence – Relationship Duration Requirements
The eligibility requirements for temporary residence and permanent residence under the Life Partner Visa depend on the duration of the relationship at the time of application:

Temporary Residence
•    Minimum Duration of Relationship:
o    For a temporary residence Life Partner Visa, there is a strict minimum duration requirement of 2 years for how long the couple must have been in a relationship.
o    However, immigration authorities generally expect some evidence of cohabitation for the 2 years of cohabitation or proof of commitment to approve the application.
o    Shorter relationships may face more scrutiny, requiring additional evidence of the partnership's legitimacy.
•    Validity of the Visa:
o    The visa is typically granted for 2–3 years, with the possibility of renewal as long as the relationship remains valid.
•    Endorsements for Work, Study, or Business:
o    Applicants can apply for an endorsement on their visa to work, study, or run a business in South Africa without needing a separate work or business visa.

Permanent Residence
•    Minimum Duration of Relationship:
o    For permanent residence, the couple must prove they have been in a relationship for at least 5 years at the time of the application.
o    The 5-year requirement applies whether the couple has cohabitated continuously or has maintained the relationship in other forms, but cohabitation strengthens the application.
•    Processing Time:
o    Permanent residence applications can take significantly longer (6–12 months or more), so many applicants start with a temporary residence visa first and later upgrade to permanent residence once they meet the 5-year requirement.
•    Validity:
o    Permanent residence does not expire and does not require renewal, offering long-term stability.

3. Benefits of a Life Partner Visa
1.    Flexible Options for Work, Study, or Business:
o    Both temporary and permanent Life Partner Visas allow applicants to apply for endorsements to work, study, or run a business without needing a separate visa.

2.    Path to Permanent Residence:
o    Even if starting with a temporary residence visa, applicants can transition to permanent residence after 5 years of proving the relationship's stability.

3.    Family Reunification:
o    It enables life partners to live together in South Africa without requiring marriage, providing flexibility for couples who choose not to marry.

4.    Simpler Application Process Compared to Work Visas:
o    The process is generally faster and easier than applying for a work visa, which requires employer sponsorship, labor market testing, or proof of scarce skills.

4. Challenges and Restrictions
1.    Proof of Relationship Scrutiny:
o    Life partnerships may face higher scrutiny than marriages, as there is no legal certificate to automatically verify the relationship.
o    Extensive evidence may be required to demonstrate the relationship’s authenticity, especially if the couple has not cohabitated for a long period.

2.    Dependency on the Relationship:
o    The visa is tied to the validity of the relationship. If the partnership ends, the visa becomes invalid, and the foreign partner may need to leave South Africa or apply for a different visa.

3.    Renewal Requirements:
o    Temporary residence visas require periodic renewals, and the couple must continuously prove that the relationship is ongoing, which can be administratively burdensome.

4.    Processing Delays:
o    Delays at the Department of Home Affairs are common, especially for permanent residence applications, which may take 12 months or longer to finalize.

5. Final Thoughts
In summary, your life partner can apply for a Life Partner Visa to immigrate to South Africa, even if you hold dual citizenship, provided you can prove you retained your South African citizenship.
•    For temporary residence, there is no fixed minimum duration for the relationship, but 2 years is often expected as proof of stability.
•    For permanent residence, the couple must have been in a relationship for at least 5 years before applying.

The Life Partner Visa provides flexibility for work, study, and business, but applicants must be prepared to prove the relationship's authenticity and navigate the administrative process, which can involve delays.
For smooth processing, it is highly recommended to consult an immigration expert to ensure compliance with all documentation requirements and to manage any complexities related to dual citizenship.
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