# Life Partner Visa Going to Expire



## 2fargone (Jun 14, 2011)

I hope someone can help me!!

I have a life partner visa. It will expire next year in October. I was granted one for 2 years. 

I have been in South Africa since 2007. 

I was on a study visa then I came and left quite a few times on a 90 day visa and I would sometime renew it. I never overstayed. 

2 questions.
1. When can I apply for PR?
2. If I can't apply for PR has anyone had trouble applying for a Life Partner Visa a second time? Was your application denied for whatever reason?

Many thanks!!


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## Saartjie (Mar 1, 2010)

Poopsie23 said:


> I hope someone can help me!!
> 
> I have a life partner visa. It will expire next year in October. I was granted one for 2 years.
> 
> ...


Hi there. On what basis would you apply for PR (which section of the Immigration Act)? I am only asking so that I can try to answer your question.

I dont see a reason why you should not be able to get a new Life Partner permit. I have heard of many who have had new Spousal Permits because they still do not qualify for PR and they have had no problem at all and I would assume that there is really no difference when applying for a Life Partner Permit for a second time.


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## 2fargone (Jun 14, 2011)

Saartjie said:


> Hi there. On what basis would you apply for PR (which section of the Immigration Act)? I am only asking so that I can try to answer your question.
> 
> I dont see a reason why you should not be able to get a new Life Partner permit. I have heard of many who have had new Spousal Permits because they still do not qualify for PR and they have had no problem at all and I would assume that there is really no difference when applying for a Life Partner Permit for a second time.


I don't know the immigration act really. I guess I was asking how long you live in South Africa before you qualify for PR? I thought I read it was five years? Do the years count that I was on a visitors visa or a study visa?


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## nkall (Apr 25, 2012)

I am a non-EU. I got PhD in Swiss. I am married and I want to take along my spouse with me. I would like to know whether my spouse would be given work permit in swiss.


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## Saartjie (Mar 1, 2010)

Poopsie23 said:


> I don't know the immigration act really. I guess I was asking how long you live in South Africa before you qualify for PR? I thought I read it was five years? Do the years count that I was on a visitors visa or a study visa?


The five year rule only applies in two circumstances, either you must have been married to SA spouse for five years or you must have held a work permit for five years and been offered further permanent employment. 

Depending on your circumstances you can also get PR if you have been offered a job that only you can do (that is the company need to have advertised the position and ascertained that no SA citizen can fill your position). Alternatively if you possess a skill that is considered scarce for the time being in SA you can also get PR.

Otherwise the Act only gives PR to people who wants to establish business in the Republic (but I think you need a certain amount of net worth, or people who wish to retire (again net worth is important) or to children and some relatives of SA citizen.

You can check out the Act if you want more info. Its the Immigration Act of 2002, sections 26 and 27 deals with PR.


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## Johanna (Apr 13, 2009)

nkall said:


> I am a non-EU. I got PhD in Swiss. I am married and I want to take along my spouse with me. I would like to know whether my spouse would be given work permit in swiss.


Where?


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## Jujube (Sep 12, 2011)

Hi Saartjie,
I have just submitted my PR application a month and half ago on a basis of an 'exclusive relationship' for 5 years, i.e. you don't have to be 'married' for 5 years but prove that you were/are in an exclusive serious relationship with your SA partner in order to apply for it.

Heard other people do the same...so I just wanted to let you know.

Regards,
Julien



Saartjie said:


> The five year rule only applies in two circumstances, either you must have been married to SA spouse for five years or you must have held a work permit for five years and been offered further permanent employment.
> 
> Depending on your circumstances you can also get PR if you have been offered a job that only you can do (that is the company need to have advertised the position and ascertained that no SA citizen can fill your position). Alternatively if you possess a skill that is considered scarce for the time being in SA you can also get PR.
> 
> ...


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## 2fargone (Jun 14, 2011)

Jujube said:


> Hi Saartjie,
> I have just submitted my PR application a month and half ago on a basis of an 'exclusive relationship' for 5 years, i.e. you don't have to be 'married' for 5 years but prove that you were/are in an exclusive serious relationship with your SA partner in order to apply for it.
> 
> Heard other people do the same...so I just wanted to let you know.
> ...


I had heard that too but I didn't know if that was true. Did you do it from the time you moved in? Or the time you began your exclusive serious relationship? 

Any other info would be great!!

Did you have to get statements from your friends like you did for your Life Partnership Visa?


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## Jujube (Sep 12, 2011)

Hi Poopsie23,
just to be clear: I'm not saying that this will be approved (although very confident) but rather that my application was submitted & accepted on that basis.

The delicate part is around the 'serious exclusive' relationship: they're looking for proof that you were already committed to each other so leases, bank accounts, health insurance, contracts, property under both names...and for 5 years.

I have been with my -now- wife for more than 6 years, living together for 5 & 1/2 but only had leases as far back as 4&1/2 years, bank accounts for 4 years, health insurance for 2 - I also supplied my marriage certificate (4 months old) along with a proof of property ownership (2 months old).

I have tried to submit letters from friends/family, pictures, travel receipts but got told that this does not prove a 'serious' relationship.

Now it's wait & see...heard on this forum that PR can take up to 24 months to be processed. :-(



Poopsie23 said:


> I had heard that too but I didn't know if that was true. Did you do it from the time you moved in? Or the time you began your exclusive serious relationship?
> 
> Any other info would be great!!
> 
> Did you have to get statements from your friends like you did for your Life Partnership Visa?


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## 2fargone (Jun 14, 2011)

Jujube said:


> Hi Poopsie23,
> just to be clear: I'm not saying that this will be approved (although very confident) but rather that my application was submitted & accepted on that basis.
> 
> The delicate part is around the 'serious exclusive' relationship: they're looking for proof that you were already committed to each other so leases, bank accounts, health insurance, contracts, property under both names...and for 5 years.
> ...


Thanks Jujube. I submitted for Life Partner in the USA and they wanted 4 friends not family to submit a letter that I was in a serious relationship. I was just curious if I reapplied in SA if it would be the same. 

Hope all goes well with the PR!!


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## Saartjie (Mar 1, 2010)

Jujube said:


> Hi Saartjie,
> I have just submitted my PR application a month and half ago on a basis of an 'exclusive relationship' for 5 years, i.e. you don't have to be 'married' for 5 years but prove that you were/are in an exclusive serious relationship with your SA partner in order to apply for it.
> 
> Heard other people do the same...so I just wanted to let you know.
> ...


Hi Julien, that's really interesting and I did not know that you could do this. When I arrived here in SA in 2010 I wanted to apply for PR but I had then only been married for 4 years and 8 months although my husband and I had been together for 9 years and lived together for 8 years. Even though we could prove this I was told it was not possible and they referred me to the Immigration Act. So to hear your news is great since I think it will open up doors for a lot of people. It is so common for people these days to live together for their whole life without getting married and I do not see why they should not be allowed to stay together here. Great great news.


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## Jujube (Sep 12, 2011)

Hi Saartje,
I believe the Immigration Act must have been amended since - see this immigration

On a side note, now that I have submitted my application on the 18th April, what are the next steps? Wait to hear? Or should I contact the helpline after a certain period of time? Should they contact me?

Thanks for letting me know.

Cheers,
Julien


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## Saartjie (Mar 1, 2010)

Jujube said:


> Hi Saartje,
> I believe the Immigration Act must have been amended since - see this immigration
> 
> On a side note, now that I have submitted my application on the 18th April, what are the next steps? Wait to hear? Or should I contact the helpline after a certain period of time? Should they contact me?
> ...


I am aware that the Immigration Act is due to be amended by the Immigration Amendment Bill 2010 which has yet to be implemented however this has not happened yet thankfully as the Immigration Bill is going to make everything a lot more difficult. For example, a spouse of an SA citizen who enters SA on a visitors visa cannot then apply for TR or PR in SA but must return to their home country and apply there.

Saying that, I am glad to see that things are changing for sure. So keeping fingers crossed for you that your PR will come through quickly!

Once submitted you can now only wait. The help line is not really a help line as their information is usually inaccurate and by calling them you can usually get more confused and frustrated. I would make enquiries every three months or so just to have a record at HA that you are actively making enquiries.

The waiting time for PR at the moment is about 24 months BUT this is just a general guideline given by immigration lawyers and practitioners. People seem to have totally different experiences, some get the PR in 6 months others wait well over two years. I applied myself on the 30th November 2011 but mine is not ready yet.

Are you in South Africa at the moment? If so you will get an sms when your permit is ready. If you have applied somewhere else I am not sure how they will contact you but it is usually via sms or email.


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## Jujube (Sep 12, 2011)

I am already in South Africa, on a temporary residency valid for 3 years 

I will contact HA every 3 months, that's a good idea.

Cheers,
Julien


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## Saartjie (Mar 1, 2010)

Jujube said:


> I am already in South Africa, on a temporary residency valid for 3 years
> 
> I will contact HA every 3 months, that's a good idea.
> 
> ...


Ok so you should definitely get an sms when your permit is ready. Try to contact the office where you applied instead of the help line. Their information is usually more accurate (if you can get through that is)

Good luck and keep us posted!


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## Bvn (May 31, 2012)

Hi there,

You should have no problem applying for another temporary residence life partner permit as long as you are still in the same relationship and can verify this through evidence of your relationship.

You can also apply for permanent residence once you can comprehensively prove, to that satisfaction of the Dept. of Home Affairs, that you have been in a relationship for 5 years.

This will mean providing evidence that you have evidence showing that you have lived together 5 years ago and that had joint financial responsibility 5 years ago.

Please let me know if you have any other queries.

Bvn


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