# PRP 26B,,life partner???



## colesbergkhn (Jun 27, 2016)

hi,,,a friend of mine need sm help,,, he got his pr on 26b base on sa life partner,,,now he has non citizen sa id more then 3 years now,,,,problem now the sa life partner dont wana stay with him anymore n now if now he go for another lady from his country to apply for her visa does he have to produce some sort of separation letter from the previous sa life partner bcoz they were not married??


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## jollem (Nov 9, 2016)

if he has had the SA ID for more than 2 years he doesnt need to do anything. He can change ladies all he wants nothing affects his PRP status. Only if he had left in under 2 years was it going to be a problem


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## explorer1 (Dec 1, 2013)

jollem said:


> if he has had the SA ID for more than 2 years he doesnt need to do anything. He can change ladies all he wants nothing affects his PRP status. Only if he had left in under 2 years was it going to be a problem


But he needs to ensure that he has submitted Part (B) of Form 12 to ensure compliance with requirements for Section 26(B) PR, got interviewed and has letter of compliance. Otherwise he might have problems in future. There are similar court cases where PR permits have been withdrawn.

Otherwise happy gallivanting...


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## colesbergkhn (Jun 27, 2016)

jollem said:


> if he has had the SA ID for more than 2 years he doesnt need to do anything. He can change ladies all he wants nothing affects his PRP status. Only if he had left in under 2 years was it going to be a problem


tnx for reply,,, ya he told me after its almost 3 years now he has that non citizen sa id


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## colesbergkhn (Jun 27, 2016)

explorer1 said:


> But he needs to ensure that he has submitted Part (B) of Form 12 to ensure compliance with requirements for Section 26(B) PR, got interviewed and has letter of compliance. Otherwise he might have problems in future. There are similar court cases where PR permits have been withdrawn.
> 
> Otherwise happy gallivanting...


hi there can u plz explain me about that,,,,,where does he need tosubmitted Part (B) of Form 12 to ensure compliance with requirements for Section 26(B) PR,,, n how n where he must get the letter of compliance???????


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## jollem (Nov 9, 2016)

Ya, I agree he should have done that process at 2 years. Now that he has had an ID for more than 3 year probably means he has had a PR for close to 4 years or for more than years. If he hadnt done that form 12 process then he is in trouble. coz i dont see the lady cooperating since she doenst want to stay with him anymore.


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## colesbergkhn (Jun 27, 2016)

jollem said:


> Ya, I agree he should have done that process at 2 years. Now that he has had an ID for more than 3 year probably means he has had a PR for close to 4 years or for more than years. If he hadnt done that form 12 process then he is in trouble. coz i dont see the lady cooperating since she doenst want to stay with him anymore.


ok so what do u think what shoud he do now????


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## explorer1 (Dec 1, 2013)

colesbergkhn said:


> ok so what do u think what shoud he do now????


See attached form, on your PR Certificate there should be a condition that:
"This permit shall lapse if at any time within two years from the issuing of the permit the good faith spousal relationship no longer subsist, save for the case of death."

To comply to this condition your friend must have noted that "Please note that a foreigner contemplated in section 26(b) of the Act who has been issued with a permanent residence permit shall, within the last six months of the second year following the issuing of that permit, avail himself or herself for an interview at any office of the Department of Home Affairs."

If your friend submitted an application before May 2014 there might have some room to maneuver as there is a possibility that you never signed Form 12 Part A. 

However if your friend submitted an application after May 2014, because they are a life partner and I assume not married then they agreed to follow the stipulated process which is as follows:

Submit the following documents to [email protected]:
1) Certified copies of PRP Certificate.
2) Affidavit - Form 12 Part B, signed by both parties to a "good faith spousal relationship" see attachment.
3) Certified Copies of Passport, PR Sticker if exist and SA Partner ID. 

Above all the most important part is that your friend's partner should vouch for your friend. The logic if push comes to shovel (in cases of complication/legal route) is to prove the relationship existed.

Your friend can choose not to take the compliance root but its not advised coz this can always catch-up, e.g if your friend looses their ID, they might refer to your friend's file and also if your friend intends to Naturalize/Get Citizenship, then the compliance issue will like come back to haunt your friend.


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## colesbergkhn (Jun 27, 2016)

explorer1 said:


> See attached form, on your PR Certificate there should be a condition that:
> "This permit shall lapse if at any time within two years from the issuing of the permit the good faith spousal relationship no longer subsist, save for the case of death."
> 
> To comply to this condition your friend must have noted that "Please note that a foreigner contemplated in section 26(b) of the Act who has been issued with a permanent residence permit shall, within the last six months of the second year following the issuing of that permit, avail himself or herself for an interview at any office of the Department of Home Affairs."
> ...


tnx alot for ur help,,, i checked his PR it was issued 01/06/2016..... n he did not submit any form12 part B letter ,,,,so can he submit the documents now also?n other thing with his sa life partner he is still ok i mean its only now she want to move on with other guy but she is still standing with this guy coz this guy is still supporting her


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## ZSA (Jun 13, 2015)

explorer1 said:


> See attached form, on your PR Certificate there should be a condition that:
> "This permit shall lapse if at any time within two years from the issuing of the permit the good faith spousal relationship no longer subsist, save for the case of death."
> 
> To comply to this condition your friend must have noted that "Please note that a foreigner contemplated in section 26(b) of the Act who has been issued with a permanent residence permit shall, within the last six months of the second year following the issuing of that permit, avail himself or herself for an interview at any office of the Department of Home Affairs."
> ...


hey explorer1
im PRP holdersince 2015under 26B married to SA citizen
but havent submit any forms since 2015 nor interview what do you advise?


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