# Can I get a permanent residency permit although I am not Married to my partner?



## VinceW (Sep 8, 2010)

Hi, My partner and I have been together for 8 years in a hetrosexual relationship. I was under the impression I could get a permanent residency permit as a civil partnership. I have just had a reply from the SA High Commission that I can only get a temporary residency permit as I am not married. Is this correct? Thanks Vince

Dear Sir/Madam



Partners of South African citizens can apply for temporary residence permit: relative’s. Form to be completed is attached.



The following documents must be obtained:

(1) Your passport

(2) Two passport photographs

(3) Original full birth certificate

(4) Original signed medical report from your General Practitioner – issued within the last six months – form attached

(5) Original signed radiological report from the radiologist – issued within the last six months – form attached

(6) Original police report in respect of all countries of residence for one year or longer, these certificates (item 4, 5 & 6 must not be older than six months at the time of submission) – issued within the last six months.

(7) Spousal Affidavit, to be completed in the presence of the Commissioner of Oath – form attached

(8) Proof of your partner’s South African citizenship, passport and identity document

(9) Undertaking by your South African partner’s regarding financial, medical, physical and emotional responsibility 

(10)Proof of funds

(11)Special stamped guaranteed addressed envelope, if submitted by post



Temporary residence permits are processed and finalised in this office. Processing period is fifteen working days, if submitted by post, ten working days, if submitted in person.



To apply for permanent residence, one of the requirements under Section 26(b) is proof that the applicant has been married for five years. Permanent residence applications are referred to Head Office for further processing and finalisation which takes over 18 months. 



Best regards


----------



## Saartjie (Mar 1, 2010)

VinceW said:


> Hi, My partner and I have been together for 8 years in a hetrosexual relationship. I was under the impression I could get a permanent residency permit as a civil partnership. I have just had a reply from the SA High Commission that I can only get a temporary residency permit as I am not married. Is this correct? Thanks Vince
> 
> Dear Sir/Madam
> 
> ...


Hi,

This is incorrect. You only need to show that you have been in a spousal relationship for a minimum of 5 years. This changed quite recently though and it is not unheard of that HA gives conflicting responses.

If you have a look at most SA embassies websites (under PR applications) they are usually up to date. I know mine (SA embassy in Sweden) is very clear on the above. You may want to use something like that as back up when you go back to HA.

Saartjie


----------



## VinceW (Sep 8, 2010)

Thanks Saartjie. I have now got an interview for Permanent Residency using the following information.

b) Has been the spouse* of a South African citizen or permanent resident for five (5) years and the Director-General is satisfied that a good faith spousal relationship exists, provided that such permit shall lapse if at any time within two (2) years from the issuing of that permit, the good faith spousal relationship no longer subsists, save for the case of death;

*A spouse means a person who is a party to:

A marriage, or a customary union; or 
A permanent homosexual or heterosexual relationship, as prescribed. 


It still deos not explain why the HC gave me the wrong information in the 1st place, and there was no apology. I wonder how many others are given incorrect advice?


----------



## Saartjie (Mar 1, 2010)

VinceW said:


> Thanks Saartjie. I have now got an interview for Permanent Residency using the following information.
> 
> b) Has been the spouse* of a South African citizen or permanent resident for five (5) years and the Director-General is satisfied that a good faith spousal relationship exists, provided that such permit shall lapse if at any time within two (2) years from the issuing of that permit, the good faith spousal relationship no longer subsists, save for the case of death;
> 
> ...


Great to hear about your interview. First rule to learn about HA is 'question everything they say'. Unfortunately you can never rely on the information provided and if something does not sound right, always investigate and query.

Let us know how you get on and good luck!


----------

