# Permanent Residence Compliance Process for section 26(B) - Spouse



## explorer1 (Dec 1, 2013)

Hello,

My spouse obtained a PRP a couple of years ago, and there are some conditions on the PRP certificate: "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."

What documents do I submit to prove that "the good faith spousal relationship subsist" what are the time line, do I have to apply for compliance exactly at the end of two years, or can I apply anytime after two years as long as the relationship subsist? 

Do I submit the following:
1) PRP Certificate copies.
2) Marriage Certificate
3) Passport and Permit Copies (PRP and QWP).
4) Affidavit from me and another from my spouse?

Regards,
EXP1


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## Spiggles (Mar 19, 2014)

I also would like to know as I recently got my permit approved.

From what I understand:
"(6) 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.”

But also, I heard that "you do not have to submit to an interview. You would only need to send or provide a sworn affidavit that your relationship still exists."

So I am still unclear as to the procedure required.


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## explorer1 (Dec 1, 2013)

Spiggles said:


> I also would like to know as I recently got my permit approved.
> 
> From what I understand:
> "(6) A foreigner contemplated in section 26(b) of the Act who has been issued with a
> ...


Thank you for the feedback. 

I hope I am not in a tight spot now, the permit was issued in 2013 and the certificate was not too specific about the reporting in the last 6 months before end of year two nor does it say one needs to follow a compliance process in order to ensure compliance.

If one did not meet this compliance requirement you as per the information you supplied what does it mean?

Due to lack of clarity on the conditions with regards to one having to apply for compliance within a certain period what are the chances on leanance if one is still in the same good faith spousal relationship 5 years later?

Tx Exp1


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## Ncube family (Feb 19, 2017)

Good day

As l was going through DHA website, l came across the below,

To prove that you have complied with the conditions endorsed on your Permanent Residence permit, please e-mail the documentation as endorsed on your Permanent Residence permit to

[email protected]


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## jollem (Nov 9, 2016)

just do the compliance process now. Dont wait any longer. The fact that it is more than 2 years later shouldnt be a problem.


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## ZSA (Jun 13, 2015)

jollem said:


> just do the compliance process now. Dont wait any longer. The fact that it is more than 2 years later shouldnt be a problem.


hey Jollem
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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## mawire (Jan 27, 2018)

ZSA said:


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


I quote the below reply....



jollem said:


> just do the compliance process now. Dont wait any longer. The fact that it is more than 2 years later shouldnt be a problem.



I think you should just email the required documents to [email protected] and then apply for a "replacement ID" after maybe 6 months, just to see if your PR is still Valid.


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## ZSA (Jun 13, 2015)

mawire said:


> ZSA said:
> 
> 
> > hey Jollem
> ...





Thanks 
But what is the required documents?


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## SA Explorer (Jun 25, 2019)

Good day Mawire,
I am in a similar situation. I emailed my documents to permitcomliance and waiting for their reply.
What do you mean by "replacement ID"? Do I need to apply for a new ID book after DHA issue me with the compliance letter confirming that I comply with the conditions specified in PRP.
My SA ID was issued 6 months following the issuance of the permit.


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## SA Explorer (Jun 25, 2019)

explorer1 said:


> Thank you for the feedback.
> 
> I hope I am not in a tight spot now, the permit was issued in 2013 and the certificate was not too specific about the reporting in the last 6 months before end of year two nor does it say one needs to follow a compliance process in order to ensure compliance.
> 
> ...




Good day, Explorer1
Just wondering if you received any feedback from the Permit Compliance Unit.
I submitted my documents 2 months ago, but no reply....


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## SA Explorer (Jun 25, 2019)

ZSA said:


> Thanks
> But what is the required documents?


Good day ZSA,
I was advised by DHA that copies of the following documents must be sent to Permit Compliance:
1) Affidavit, stating that your marriage had been existing within two years following the issuance of the PRP
2) Copy of PRP 
3) Copy of Marriage Certificate
4) Copy of your passport
5) Copy of your ID and your spouse's ID


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## ZSA (Jun 13, 2015)

SA Explorer said:


> ZSA said:
> 
> 
> > Thanks
> ...



Thanks 
Do I need to send it after 2 years?
I'm PR for 5 years now


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## mawire (Jan 27, 2018)

SA Explorer said:


> Good day Mawire,
> I am in a similar situation. I emailed my documents to permitcomliance and waiting for their reply.
> What do you mean by "replacement ID"? Do I need to apply for a new ID book after DHA issue me with the compliance letter confirming that I comply with the conditions specified in PRP.
> My SA ID was issued 6 months following the issuance of the permit.


People usually find out that their PRs are no longer valid when they try to replace their lost IDs. So, I'm saying apply for a replacement ID (as if you lost your current one), and see how it goes.


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## SA Explorer (Jun 25, 2019)

jollem said:


> just do the compliance process now. Dont wait any longer. The fact that it is more than 2 years later shouldnt be a problem.


Good day Jollem
Do you perhaps know how long the permit compliance process might take?
Can I travel overseas whilst waiting for the compliance conformation from DHA? 
I would really appreciate any advice/info regarding the permit compliance process.
Thank you.


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## SA Explorer (Jun 25, 2019)

mawire said:


> People usually find out that their PRs are no longer valid when they try to replace their lost IDs. So, I'm saying apply for a replacement ID (as if you lost your current one), and see how it goes.


Thank you for clarification.


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## SA Explorer (Jun 25, 2019)

ZSA said:


> Thanks
> Do I need to send it after 2 years?
> I'm PR for 5 years now


According to Immigration Regulation 2014:
"A foreigner contemplated in section 26(b) 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.”

I contacted the DHA and I was advised that I do not have to submit to an interview, they advised that I send copies of my documents to [email protected]

I would suggest that you still send your documents to the permit compliance as long as you can prove that your marriage existed within 2 years following the issuing the permit.


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## SA Explorer (Jun 25, 2019)

Dear Friends,
I would really appreciate any advice regarding the permit compliance process, time-frames, possible complications due to late documents submission (over 2 years) etc.
Thank you!


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## mawire (Jan 27, 2018)

SA Explorer said:


> Good day Jollem
> Do you perhaps know how long the permit compliance process might take?
> Can I travel overseas whilst waiting for the compliance conformation from DHA?
> I would really appreciate any advice/info regarding the permit compliance process.
> Thank you.


The travelling system will never see that a PR is no longer Valid, it's only the internal system like IDs and Citizenship application that will catch that. That's why sometimes at the boarder/Airport they will ask for your ID. So, you can travel without issues.


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## ZSA (Jun 13, 2015)

SA Explorer said:


> ZSA said:
> 
> 
> > Thanks
> ...



When did u apply and is there any feedback from HS


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## SA Explorer (Jun 25, 2019)

ZSA said:


> When did u apply and is there any feedback from HS


I sent my docs in Apr 2019, but still waiting for feedback from the Permit Compliance...


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## david_meer (Oct 21, 2019)

did you ever get a reply from the email?


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## SA Explorer (Jun 25, 2019)

david_meer said:


> did you ever get a reply from the email?


No reply since April 2019 so far... 
I sent numerous follow up emails but no response...


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## SA Explorer (Jun 25, 2019)

Did anyone get any response from the DHA Permit Compliance Unit?


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## mawire (Jan 27, 2018)

SA Explorer said:


> Did anyone get any response from the DHA Permit Compliance Unit?


People hardly get responses. Just keep your proof until you become a citizen. When you interact with DHA (ID replacement, PR proof etc), they will then check through their archives for your compliance.


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## david_meer (Oct 21, 2019)

Anyone have any luck getting this or a response yet?


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## a4xiaoxiami (May 17, 2018)

SA Explorer said:


> Did anyone get any response from the DHA Permit Compliance Unit?


I think that they do not care much about your compliance unless you want to apply for citizenship. They probably will wait until then to confirm your compliance.


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## kabzadesmall (Aug 9, 2020)

what are the requirements?

MFR Souls


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