# Life Partner Visa - Confusing Messages



## Mazdo (Apr 26, 2011)

Hi all,

I have had a quick browse through the pages but I can't find anything aplicable to my situation. I apologise if it has been asked before and I missed it!

I am looking to move to SA to be with my girlfriend. She has called the SA Home Affairs and they say that a Life Partner Visa is the way to go (with future work endorsement) and that I should apply for that whilst in the UK before I move.

Whilst gathering as much information as I can about the Life Partner Visa and it's requirements I see that an affidavit and proof of co-habitation is required and even that living together is advisable prior to application (can't link but it's on the Intergate Immigration site)!

So I am at a loss...is it best to move to SA on a tourist visa (3 months) and then apply for my Life Partner Visa or apply for my Life Partner Visa in the UK then move? :confused2:

Thanks in advance!


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## Stevan (Jun 30, 2009)

i think you will find you now have to apply through the embassy in your country of origin, so would not be able to apply here. there are those on here far more upto date than me on these matters. im sure they will post for you soon.


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## Mazdo (Apr 26, 2011)

Thanks Stevan, I was pretty sure I had to apply in the UK too.

I'm just curious about this "proof of co-habitation" and having to sign the affidvat together. I can't prove that I live in South Africa if I haven't moved there yet


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## Guest (Apr 28, 2011)

Mazdo said:


> Hi all,
> 
> I have had a quick browse through the pages but I can't find anything aplicable to my situation. I apologise if it has been asked before and I missed it!
> 
> ...


Hi

I work for Intergate, and I will gladly provide some info, as I see that there is some confusion. You can also gladly refer to other posts of mine on this forum.

*Submitting before you come to SA*

At the moment it is still possible to submit an application in South Africa while you are on a tourist visa. Once the new Immigration Amendment Act comes into effect (we are expecting this to be after 19 June), no foreign national can submit an application at Home Affairs if he/she is on a tourist visa.
*
Cohabitation*

This requirement is not contained in the legisaltion. However, it is a requirements sought by Home Affairs and a number of SA embassies. The reason is that the Life Partner Permit has in the past been misused by some foreign nationals in order to gain residency in South Africa. 

It has happened that some foreign nationals applied for a Life Partner Permit although they and their "partner" had never met before.

Thus, proof of shared financial responsibilities is a vital requirement as it proves the legitimacy of the relationship.

The spousal affidavit or notarial agreements are also required. Although these are important and legally binding documents, Home Affairs seems to insist on proof of cohabitation.

This, of course, does pose a problem for many life partners, who have never lived together (for various reasons such as religion, for example).
*
Work Endorsement*

It is correct that if an applicant has a job offer, a work endorsement can be added to the Life Partner Permit. However, it is important that the job offer is included with the Life Partner application. If not, or a job offer is only available at a later stage, an entirely new application will need to be submitted.

Instead of the Work Endorsement, the applicant can add a Business Endorsement, which would allow the applicant to run their own business.

Hope this clarifies things. But do let me know if there is anything else.

Regards

Joachim Schuckmann


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## Guest (Apr 28, 2011)

*Cohabitation continued*

The problem with not having lived together is actually a common one. 

There are two options:

Either the applicant comes to South Africa on holiday and obtains proof of cohabitation, and the application is prepared while the applicant is in SA. 

The 90 day visa can be extended by another 90 days.

After this time, the applicant would return to his/her home country and submit the application there.

The other option would be to see how Home Affairs and the embassy will interpret the cohabitation requirement once the amendment law becomes effective. There is, however, not certainty that this will fal away.

Again, because thise permit has been misused in the past, requirements have become more strict. And like any other country these requirements will need to be met in order to qualify.

For the UK, for example, a couple needs to prove that they have been in a legitimate relationship for 2 years in order to the non-UK partner to qualify. Similar requirements exist for other countries as well.


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## Mazdo (Apr 26, 2011)

Hi Joaschim,

Thanks for the long and detailed response.

From what you're saying, I gather that the most secure route for me to take is to move to SA on a tourist visa and prepare my visa application there. During this time I can gather proof of cohabitation and the affidvat.

If I cannot submit my visa (for whatever reason) before the the new Immigration Ammendment Act (June 19th onwards) I should return to UK to apply. If I can sumbit before that date, I should be able to remain in SA untill the visa is processed.

Is that correct?

Thanks again, I really appreciate the help.


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## Ewelina. (May 12, 2011)

*life partner visa*



Joaschim said:


> Hi
> 
> I work for Intergate, and I will gladly provide some info, as I see that there is some confusion. You can also gladly refer to other posts of mine on this forum.
> 
> ...


Good evening,
looks i might found a right place to get anwser to my doubts...
i carefully read your post but i have few questions.
you all speak about 90 days tourist visa which can be extended.i am polish and as far as i am concerned i have tourist visa only for 30days?how does it work then?what should i do to get a 90 days one?
as well there has been metioned that if u apply for life partner visa while on tourist visa and you wont provide cohabiation proof (we lived together for 2 years,but have a year of gap basiclly as he needed to move back to sa year ago)will i still need to go back to uk and apply for it here? the problem is,as i mention, i am polish and only live here for past year.in that case should i return to poland and apply from there? confusion confusion confusion..please can you help?
thank you


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## Jinx (Jul 2, 2010)

Thanks for this post guys. I had posted earlier and Joaschim helped me but I later stumbled upon the cohabitation contingency as well and was confused by it.

I don't plan on moving to SA for a few more years but the closest my bf and I lived together was in the same building when he lived in Dubai.

Is it at all possible to stay in SA for the 180 days, do a visa run, come back and then apply for the Life Partner visa? I actually plan on moving directly to SA from Dubai when I leave my job... a roundtrip ticket back to the US from SA is not cheap...


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## Mazdo (Apr 26, 2011)

Jinx said:


> Thanks for this post guys. I had posted earlier and Joaschim helped me but I later stumbled upon the cohabitation contingency as well and was confused by it.
> 
> I don't plan on moving to SA for a few more years but the closest my bf and I lived together was in the same building when he lived in Dubai.
> 
> Is it at all possible to stay in SA for the 180 days, do a visa run, come back and then apply for the Life Partner visa? I actually plan on moving directly to SA from Dubai when I leave my job... a roundtrip ticket back to the US from SA is not cheap...


Hey, a bit confused about your post, you mean apply for your visa back in Dubai? I can't imagine one embassay is different from another aslong as you have right of abode in Dubai but it may be worth contacting them to be sure.

Regarding my situation, I just want to say thank you for all the information. I used this to speed up my plans and I am currently all set to move to Cape Town in early June and apply for my visa before the new bill comes in!


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## Guest (May 16, 2011)

Mazdo said:


> Hey, a bit confused about your post, you mean apply for your visa back in Dubai? I can't imagine one embassay is different from another aslong as you have right of abode in Dubai but it may be worth contacting them to be sure.
> 
> Regarding my situation, I just want to say thank you for all the information. I used this to speed up my plans and I am currently all set to move to Cape Town in early June and apply for my visa before the new bill comes in!


Every South African embassy is different to the next. Even two embassy offices in the same country are not the same, unfortunately.


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## Jinx (Jul 2, 2010)

Mazdo - I mean, leaving Dubai to live in SA. Staying for 6 months on a tourist visa and apply for the life partner visa, and then making a visa run (if possible) to somewhere nearby and then staying in SA until my visa approves... although I imagine that's not going to be allowed.

I just don't want to have to go to SA for 6 months and then have to head back to US to wait for my visa to be approved. I wouldn't be able to go back to Dubai to wait it out, unless I could stay with friends until it got sorted.


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## Guest (May 19, 2011)

Jinx said:


> Mazdo - I mean, leaving Dubai to live in SA. Staying for 6 months on a tourist visa and apply for the life partner visa, and then making a visa run (if possible) to somewhere nearby and then staying in SA until my visa approves... although I imagine that's not going to be allowed.
> 
> I just don't want to have to go to SA for 6 months and then have to head back to US to wait for my visa to be approved. I wouldn't be able to go back to Dubai to wait it out, unless I could stay with friends until it got sorted.


Hi

Unfortunately it seems that you are running in circles at the moment. 

If you do not have the proof of cohabitation, Home Affairs will NOT accept your Life Partner application. The Life Partner Permit has been misused too much in the past, so proof of cohabitation is seen as the best evidence of a legitimate relationship.

As indicated on a number of posts, once the new Immigration Law comes into effect, no foreign national will be able to submit an application in South Africa if they are on a tourist visa. Parliament will sit one last time on this mid June, after which the Amendment Bill needs to be signed, which we expect to happen quite quickly.

Thus, yes you may come to South Africa on a tourist visa and this can be extended, givingyou 180 days in total, but after this you would need to leave the country. Visiting a neighbouring country and then coming back to South Africa will not ensure you get a new 90 day tourist visa.

What I would suggest is coming to South Africa on a tourist visa, obtain the proof of cohabitation, and then have the application prepared and ready for submission. If it is still possible to submit within SA, then perfect. If not, then you will need to return to your home country or country of residency where the application will need to be submitted at the South African embassy.

Alternatively you can take up a course at a college or university and could then apply for a study permit. When you change to a Life Partner Permit, you will not need to leave South Africa.

These are your options unfortunately. Like any other country, there are immigration requirements that will need to be met in order for an applicant to quailfy. Home Affairs does not take individual circumstances into consideration and exceptions are not made. Consequently, in order to successfully apply for residency in South Africa, an applicant will need to meet the requirements of the permit they are applying for.


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## Jinx (Jul 2, 2010)

I see. Thanks for the info, Joaschim. I think based on this I will probably change my plans that I had with my bf. It won't be for a few years still, so I know things could still change.


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## BiancaW (May 31, 2011)

Joaschim said:


> Hi
> 
> I work for Intergate, and I will gladly provide some info, as I see that there is some confusion. You can also gladly refer to other posts of mine on this forum.
> 
> ...



Hi Joachim

Just found your comprehensive explanation on the immigration process for a life partner permit. May I just ask some more questions on this topic?

I've been living and working in SA since 2009. I hold a General Work Permit.

I am in a relationship with a SA since 2007. He stays in Durban, I am in Joburg - so I travel at least twice a month. Still - as we 'officially' don't live together we could not apply for the life partner permit (proof of cohabitation). Now I plan to move down to Durban by end of this year and would like to apply for the Life Partner Permit with an endorsement for setting up my own business. Basically change the permit to make the process of changing jobs easier.

Now the questions: What happens to the exisiting (and valid) General Work Permit when the application for the Life Partner Permit has been lodged? Will it only become invalid once the new permit has been finalised or does this already happen with lodging the new application?
Does the new immigration act that you've mentioned have any impact in my case?
What do I need to take into consideration when it comes to my current employer? Provided they still want to employ me what needs to be done to change the status from employee into contractor? 
When I work as a contractor - do my employers / customers need to provide Home Affairs with some kind of proof that they could not find a SA citizen to take over the job (like for General Work Permit)?

Hope my questions make sense to you. Would be great if you can send me some answers to my questions. Thanks a million!

Regards
Bianca


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## Guest (Jun 1, 2011)

BiancaW said:


> Hi Joachim
> 
> Just found your comprehensive explanation on the immigration process for a life partner permit. May I just ask some more questions on this topic?
> 
> ...


Hi

If you wish to work for the same employer, then I would advise a Life Partner Permit with a *work endorsement*.

The Business Endorsement does allow you to run your own business, and if you register as a sole prop you can basically do consulting work, however no more than 80% of your income can come from only one source, i.e. you cannot consult only one company.

If you go with the work endorsement, prospective employers will not need to prove that they advertised or that no South African could be found.


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## BiancaW (May 31, 2011)

Joaschim said:


> Hi
> 
> If you wish to work for the same employer, then I would advise a Life Partner Permit with a *work endorsement*.
> 
> ...



Thanks for this info. Does this mean that I can change jobs without starting the whole application process again - on the work endorsement?


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## Guest (Jun 1, 2011)

BiancaW said:


> Thanks for this info. Does this mean that I can change jobs without starting the whole application process again - on the work endorsement?


Unfortunately you will need to submit a new application every time you change jobs until you have Permanent Residency.


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## BiancaW (May 31, 2011)

Joaschim said:


> Unfortunately you will need to submit a new application every time you change jobs until you have Permanent Residency.


Mhhh... Guess I better start making a pro/con list.

Thanks once again for your quick reply, Joachim!


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