# Waiting for PR and Spousal visa renewal same time



## harman007 (Mar 13, 2015)

Hi all, I applied for my PR last year. Then, had to apply for renewal of spousal visa as its expiring on May 15. 

Now what happens if my spousal visa renewal is declined, I don't apeal and after couple of months my PR arrives? (If its possible) Will I be undesired still or DHA can reject my PR too? 

I couldn't attach the police clearance when I applied for the renewal, I did attach the receipt of Police clearance application with an affaidavait stating why I couldn't attach the police clearance (south african). 

My PR application was complete and there is nothing short. I even attached my SAQA certificate with the PR application. 

I will appreciate all the suggestions.


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## oceanracer (Mar 10, 2015)

Hi harman007,
This is exactly what happened to me.. read my previous posts. I applied for PRP and while waiting I had to renew my TRP which was arbitrary denied (foreign police clearance issue). I had to appeal and I am still waiting for the results of DHA arbitrary decision (read Tony56 excellent post on that titled "Rejection and Appeals: What to do when your application has been rejected.") . Anticipating when you will get any results from DHA is a Wild-Ass Guess and required a lots of patience. perhaps hiring an immigration consultant might speed things up. I have been waiting for more than 3 months now. Good luck with your dealing with DHA.


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## MrTshiko (May 27, 2014)

Was it an option to apply for the TR renewal at the same time you applied for the PR?

I will be in a similar situation later this year. I have a TR visa through my wife. Come September 2015 we will be married for five years, so at that time I will apply for the PR. My TR Permit expires in April 2016. I know the PR process is long, so I imagine my TR will expire before my PR arrives.

1 - Will I be able to apply for a TR renewal at the same time I apply for PR? Or will they make me do them separately? 

2 - What happens if I apply for the TR renewal after I apply for PR? Will doing so mess up my PR application? 

3 - Should I perhaps apply for the TR renewal first and then the PR?

4 - Is there a limit on how early I can apply for a TR renewal? Like, can I apply for it a whole year before my current TR expires?

5 - Also, can someone confirm that I won't have to leave SA to apply for my PR if I am currently living in SA on a TR?

THANKS!


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## oceanracer (Mar 10, 2015)

Hi MrTshiko,
I can only speak from my own experience.
I was in a similar situation back in October 2014. I went to VFS to log my PRP application (I have been married for 10 years) we moved (back) to SA 2 years ago. While logging my PRP application which took place ~ 3 months before my TRP weas due to expire, I was told at the VFS office it would take 6 to 8 months to process my PRP (after my recent experience with DHA it will most likely be more like 18 to 24 months). Anyway, I had to apply at the same time to renew my TPR to avoid being illegal 3 months later. in my case it got a bit complicated when my renewal application was denied because someone at DHA made an arbitrary decision (I base that statement on the current Immigration regulations of 2014). Unfortunately it seems that no one is immuned to that how ever good your application is, so be prepared. I don't think DHA staff are well prepared to handle applications and I suspect they do not even know the regulations themselves . Now I am stuck here and cannot leave the country to do my job until I get my appeal result.
So, you should apply to your PRP and TRP renewal at the same time and no, you do not have to leave the country unless like me you need to travel for your job and worry that they are going to mess up your renewal and force you to appeal, etc.... you need to apply to your TRP renewal 90 days (I think but check to be safe) before it is due to expire. good luck!


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## MrTshiko (May 27, 2014)

Thanks so much for the response. I definitely won't wait to the last minute to apply for the TR renewal. I was moreso just hoping I could apply for TR renewal and PR at the same time. I assume it will possibly confuse the HA representative. That is why I am perhaps thinking of using a lawyer.


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## harman007 (Mar 13, 2015)

Hi Oceanracer, thanks for the reply. I don't worry if appeal takes even 5 years. What I would like to know is: if my Relatives visa/appeal is declined, will it affect my PR application in any manner? Can they halt the results of my PR untill the appeal results are finalized or PR app process will continue seperately?

Actually I wish my Visa renewal could take an year so that my PR could arrive before the visa declined


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## oceanracer (Mar 10, 2015)

Hi harman007,
If you are applying for PRP and you have all the paperwork required for it the worse thing that might happen is for you to become persona non-grata while waiting for it. if your TRP appeal is denied i.e. you haven't been successful in renewing your TRP which expired then you might be forced to leave the country.. there might be ways to appeal for that too but I do not know more about it. Some people in this forum are much better informed than me to give you advice on that one.
In your case I believe that if your appeal fails and your TRP already expired, you will have to leave the country immediately. I am not sure what are the implications for your pending PRP application. better talk to an immigration specialist on that one too. It usually takes a rather long time for the PRP application to go through(at least judging what people are saying in this forum) so unless you are either in good standing in the country while waiting for your PRP or overseas, I'll would make sure that my appeal goes through to avoid deportation. but again, in doubt, ask the specialist. good luck


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## zizebra (Mar 11, 2012)

I am afraid I have to agree with most of what has been said. We are in the same position. We applied for renewal and got denied due to a lousy reason. Our application for PRP was subsequently denied after 1 month in the system because the TRP had expired. Now we waiting for the appeal. Its been 4 months


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## MrTshiko (May 27, 2014)

Can you all help me. I just emailed home affairs. This is what I said:

I am currently living in the United States. I am a U.S. Citizen. My wife is a South African citizen. I was issued a relatives permit to reside in South Africa by the SouthAfrican Consulate in Washington DC. My wife and I are planning to move to South Africa in July of this year, 2015. My relatives permit expires November 14, 2016. Come September 3rd of 2015 my wife and I will have been married for five years (we married on September 3, 2010). I want to ask the following: on September 3, 2015, When my wife and I will have been married for five years, and when we will be in South Africa, can I go to a home affairs office and apply for a renewal of my relatives permit and at the same time apply for a permanent residence permit? I want to do both at the same time and I want to verify that I won't have to leave SA to do so. I want to apply for the renewal so early just so I can be sure my relatives permit won't expire whilst waiting for my permanent residence permit.

Home affairs replied to my email with the following response:

"You can apply for the extension of your relatives permit in South Africa 60 days prior to the expiry date. Kindly note that you must have five years on your Relatives permit to qualify for permanent residence."

Is this correct?

Don't I qualify for PR as soon as I have been married to my South African wife for five years regardless of how long I have had my relatives permit?

Also, am I not allowed to apply to renew my relatives permit until it is WITHIN 60 days of expiry or must I apply for renewal BEFORE it is within 60 days of expiry?

Thanks!


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## ernal (Jul 16, 2014)

You can apply before 60days and you can go ahead an apply for the PR as well. Goodluck


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