# Form 20, Relative Visa rejection through minor



## Aussieabroad (Jul 13, 2015)

Hi there,

My family and I are in quite a mess and I would appreciate any advice or feedback! We get different answers every time we phone VFS, and the websites between VFS and Home Affairs don't give the same information.

My partner (SA born and bred) and I are not legally married, but have been in a permanent spousal relationship for over 5 years (since June 2010) and plan to continue this. We have 2 children together, both are South African citizens, born in South Africa. 

Previously, I was issued a Temporary Residence Permit under a Relatives Visa through our South African daughter. However, my Permanent Residency under the same Relative's Visa was denied, under Section 27(g) of the immigration Act, in that our child is a minor and it was not satisfied she could financially support me (although we submitted all the documents to prove my partner could financially support me). 

While my permanent residence permit was pending for over a year, my temporary relatives permit expired in July 2014.

We were given the wrong advice from Home Affairs, who said that we were unable to apply for an additional temporary permit, while my permanent residence permit was pending. As soon as we realised that this was untrue and I was classed as an 'undesirable person', we started the process to legalise me in January 2015.

Last week, we finally heard back from Home Affairs and were ordered to go to court. Thankfully, the state prosecutor decided to withdraw the court case and I was issued a Form 20.

Here's a series of questions I'm trying to figure out..

1) With the Form 20, do we apply for an extension of the same Temporary Visa that she was issued previously and lapsed or do we begin the applications again?

2) What type of Temporary Permit (and Permanent Residency Permit thereafter) do we apply for? 

We have been advised that the Temporary Visa under a Relative's Permit through our daughter will be rejected for the same reason above that my permanent residency was rejected. If it is a renewal - are we able to apply for a Spousal Visa now that we are eligible or does it have to be exactly the same category for a renewal?

3) Do you need to be legally married for 5 years before applying for Permanent Residency in a Spousal relationship? Previously I know it was ok to be in a 'life-partner' relationship, but I have been told you now have to be married for 5 years (not just in the permanent relationship).

4) Do we need a Police Clearance from every country I have lived in since she was 18 years of age? We have done this with all her previous applications, however since she has not left South Africa in two years since these applications were submitted, do we need to get them? We were informed by your colleagues that if she has not left the country in 12 months, there is no need for her Australian police clearance - is this correct?

Your prompt response to any of these quesitions would be appreciated. We only have until 7th August and we want to ensure we have all the correct documents.

As you can imagine, this is very stressful! I'm a mother that just wants to live in the same country as my partner and our 2 small children!

Thank-you for your time and consideration.


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## Spiggles (Mar 19, 2014)

Aussieabroad said:


> Hi there,
> 
> My family and I are in quite a mess and I would appreciate any advice or feedback! We get different answers every time we phone VFS, and the websites between VFS and Home Affairs don't give the same information.
> 
> ...


Hi Aussieabroad,

I am so sorry to hear of your experience
I can imagine how stressful it has been.

Regarding Form 20, I am not sure what the form allow you to do in SA as I have seen the form only before the change of the immigration law (2014).
However, these are the things I know...

1) If Form 20 allows you to apply for a Visa within SA, you should start doing a NEW application again as your Temporary Visa you had is expired.

2) You should be able to apply for a Relative Visa(Life-Partner),a Relative Visa(through your SA child) or a Visitor11(6) (Spouse/ Partner with work endorsement if you have a singed contract).
You CAN apply for a Temporary Relative Visa through your SA child, it is stated clearly in the new immigration law under 17(2) regarding financial assurance : '_Provided that the financial assurance shall not be required where the South African citizen or permanent resident is a dependent child_.' - However, this is not stated in the section for a Permanent Resident Permit, that is why you can not apply PR through your SA child unless he/she can financially support you. 
You cannot 'renew' a visa as your Temporary Visa you had is expired.

3) You can apply for a Permanent Resident Permit through your SA spouse if you can prove either married for 5 years or Spousal relationship for 5 years as a Life partnership has equal rights to a married couple.

As far as I know from reading in various different places, this has not changed.

4) I read somewhere that if one is renewing a visa and one has not been to the outside of SA since the issue of one's current visa, you do not need to get a new police clearance. 
However, I am not sure as you are not applying for a renewal, but new application all together. 
If I were you, I will be careful and apply all the Police clearance from all the countries you have lived longer than 12 months since the age of 18 years.


I hope this helps.
Good luck! :fingerscrossed:


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## joe117 (Sep 10, 2012)

well stated Spiggles!


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