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1. Immediate Legal Obligations - Mandatory Notification: The visa holder must inform the South African Department of Home Affairs (DHA) of the relationship’s termination within 30–60 days (exact timeframe depends on current regulations). Failure to report the breakup can result in penalties, visa revocation, or future immigration bans. o Submit a written notification to the nearest DHA office or Visa Facilitation Services (VFS) center. o Provide supporting evidence of the relationship’s dissolution (e.g., sworn affidavits from both parties, legal separation agreements, or court orders if applicable). - Loss of Visa Validity: The Life Partner Visa is automatically invalidated once the relationship ends. The foreign national no longer qualifies for this visa category and must either: 1. Leave South Africa before the visa’s expiry date, or 2. Apply for a different visa (e.g., work, study, or critical skills visa) to remain legally in the country. 2. Consequences of Overstaying If the visa holder remains in South Africa after the relationship ends without regularizing their status: - They will be classified as "overstaying", which is a violation of immigration laws. - Penalties may include: o Fines. o Deportation at their own expense. o A 12-month to 5-year ban on re-entering South Africa. o Difficulty obtaining future visas for South Africa or other countries due to the immigration violation record. 3. Options to Remain Legally in South Africa If the visa holder wishes to stay, they must switch to another visa category before the Life Partner Visa expires. Common alternatives include: a. General Work Visa - Requires a formal job offer from a South African employer and proof of qualifications. - The employer must prove that no South African citizen/permanent resident could fill the role. b. Critical Skills Visa - Available if the applicant’s occupation is listed on South Africa’s Critical Skills List. c. Study Visa - Requires proof of enrollment at an accredited South African educational institution. d. Business Visa - For entrepreneurs investing in a South African business (requires a minimum investment and job creation for locals). e. Parental Visa - If the couple has a child who is a South African citizen, the foreign parent may apply for a visa based on parenthood (subject to specific requirements). 4. Special Considerations Abuse or Unfair Termination - If the relationship ended due to domestic abuse or exploitation by the South African partner, the foreign national may qualify for an exemption under humanitarian grounds. - Submit evidence (e.g., police reports, medical records, or affidavits) to the DHA to request a temporary visa extension or alternative status. Children Born in the Relationship - If the couple has children who are South African citizens (by birth or descent), the foreign parent may apply for residency based on their parental rights. 5. Permanent Residency Implications - If the Life Partner Visa holder was in the process of applying for permanent residency (after 5 years on a temporary visa), the breakup nullifies the application. Permanent residency under the life partner category requires the relationship to remain intact. 6. Practical Steps to Take 1. Consult an Immigration Attorney: o Seek legal advice immediately to explore visa options, avoid penalties, and ensure compliance. 2. Gather Documentation: o Collect proof of the relationship’s termination (e.g., affidavits, communication records, or legal separation documents). 3. Apply for an Alternative Visa: o Start the process before the current visa expires to avoid a gap in legal status. 4. Voluntary Departure: o If no alternative visa is feasible, leave South Africa within the grace period to avoid penalties. 7. Key Takeaways - The Life Partner Visa is conditional on the relationship’s existence. - Failure to act promptly after a breakup can lead to severe immigration consequences. - Always prioritize legal compliance and consult professionals to navigate complex scenarios. For the most up-to-date information, refer to a registered immigration practitioner. Please rate us by clinking on this links : Sa Migration Visas https://g.page/SAMigration?gm |
