Here’s a detailed explanation of who qualifies as a dependent in a South African permanent residency (PR) application, based on the Immigration Act (2002) and Department of Home Affairs (DHA) regulations:

Definition of a Dependent

A dependent is a person who relies on the main applicant for financial support and is included in their PR application. Dependents must meet specific criteria to qualify under South African immigration law.

Who Qualifies as a Dependent?

The following individuals are recognized as dependents in a South African PR application:

1. Spouse or Life Partner

• Spouse: A legally married partner (same or opposite sex).

• Life Partner: A partner in a permanent relationship (unmarried but cohabiting).

o Must provide proof of a committed relationship (e.g., shared finances, joint property, affidavits from family/friends).

o The relationship must be genuine and ongoing for at least 2 years.

2. Children

• Biological or Adopted Children: Under the age of 18.

• Stepchildren: If the main applicant is married to the child’s parent.

• Children Over 18: Only qualify if they are financially dependent due to a disability or full-time study.

o Proof of dependency (e.g., medical reports, university enrollment) is required.

3. Parents

• Parents of the main applicant may qualify if they are financially dependent on the applicant.

o Proof of dependency (e.g., bank statements, affidavits) is required.

o Parents must not have other means of financial support.

Requirements for Dependents

Each dependent must meet the following requirements to be included in the PR application:

1. Documentation

• Spouse/Life Partner:

o Marriage certificate (for spouses).

o Proof of cohabitation and shared responsibilities (for life partners).

• Children:

o Birth certificate (showing both parents’ names).

o Adoption papers (if applicable).

o Proof of full-time study or disability (for children over 18).

• Parents:

o Birth certificate of the main applicant (to prove the parent-child relationship).

o Proof of financial dependency (e.g., bank statements, affidavits).

2. Medical and Police Clearance

• Medical Certificate

• Police Clearance Certificate

3. Financial Dependency Proof

• Evidence that the dependent relies on the main applicant for financial support (e.g., bank statements, affidavits, or proof of regular remittances).

4. Process for Including Dependents

1. Main Application: The main applicant submits their PR application under one of the categories (e.g., work, business, retirement, or family).

2. Dependent Applications: Dependents are included in the same application. 

3. Processing: The DHA evaluates the main applicant’s eligibility and the dependents’ dependency status.

Key Notes

• Dependent PR Status: If the main applicant’s PR is approved, dependents will also receive PR status.

• Withdrawal of Dependency: If a dependent no longer qualifies (e.g., a child turns 18 and is no longer studying), they must inform the DHA.

• Divorce or Separation: If the main applicant and spouse/life partner separate, the dependent’s PR status may be revoked unless they qualify independently.

Common Pitfalls

1. Insufficient Proof of Dependency: Ensure all financial and relationship evidence is thorough and up-to-date.

2. Incomplete Documentation: Missing documents (e.g., police clearance) can delay or derail the application.

3. Expired Passports: Ensure all dependents’ passports are valid for at least 6 months.

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