# Relatives Permit/Registration of foreign marriage?



## RetKram (Jun 22, 2012)

:confused2:

Hi

I have been trying to use the search function on the forum but without much luck. Sorry if my questions have been answered many times and thanks in advance for your help!

Sorry for the massive amount of text! I am trying to pry all relevant information into this thread and I am trying to not leave out any details which however minute might be crucial.

*Background info*
I am a Danish citizen currently trying to make a life in Cape Town with my South African wife. We married in Denmark 3 years ago and relocated to Cape Town in October 2011. Wanting to apply for a relatives permit (believing that a work permit is an administrative - 30 day - item after that) we were told that we first needed to register our Danish marriage (despite the marriage certificate being in multiple languages - English included). We have had 3 or 4 case numbers since then (November 2011) - each time being told to ask for progress 3 weeks later, and each time ending up being asked to file a new application to have the marriage registered in RSA.


*So currently our status is this:*
1. I have overstayed my extended tourist visa with some months (we tried having the extension of the stay depending on the marriage registration application, but that didn't work/happen).
2. We are likely to be asked to yet again file an application to have our marriage certified/registered.
3. I am in need of an income, and feedback while applying for jobs strongly indicate that the lack of a work permit is a "show stopper".
4. Should it turn out that my foreign qualifications and 12 years of solid experience isn't enough to land a job with a decent pay, I will likely be wanting to study for an MBA, so being allowed to study might turn out to be desired.
5. My wife is capable of providing for me - but neither she nor I find that situation desirable in the long run.
6. We have been married for 3 years (cohabitating for 3½ years), but a steady couple for more than 6 years

*Questions:*
1. Are we doing the right thing in trying to get the relatives permit?
a. is the assumption that work- and study permit is purely administrative (30 day item) after that true?
b. Should be rather get the spousal permit with work-endorsement?
c. Should we try to get a Direct Residency Permit?
2. Is it true that our foreign marriage needs to be registered in RSA order for us to file an application for a relatives permit?
a. Is there any point in filing for a temporary permit knowing that the application might be lacking parts (registered foreign marriage for one)
3. How do we approach DHA so as to avoid spending more time in their endless loop of loosing files and case numbers? 
4. Could it be worth applying for a special skills work permit? I only have a BSc in Administration and Political Science + 12 years of experience with IT/Telecommunications and Technical Project Management.
5. My wife is 3 month pregnant - are we better of waiting the 6 months to apply based on that?
6. How could a lawyer/specialist be of service to us in our situation and at what possible cost?

Being a refugee of love wasn't about choice - but it seems a blessing which come with a lot of curses.

Sorry again for the wall of text and thanks for reading this far


----------



## Johanna (Apr 13, 2009)

I think you should visit the department of Home Affairs, this is a complicated situation, especially as you overstayed


----------



## RetKram (Jun 22, 2012)

Johanna said:


> I think you should visit the department of Home Affairs, this is a complicated situation, especially as you overstayed


Thanks Johanna!

I will definitely be going to the Home Affaris to sort it out.

However seeing that when I do go there I receive either conflicting or no information I would very much like to have a further grasp on how to proceed before going there again.

I am a pretty fearless guy but the idea of being caught in an endless loop pending between different lines makes a trip to the dentist look like a holiday


----------



## nicosuisse (Aug 3, 2012)

RetKram said:


> Thanks Johanna!
> 
> I will definitely be going to the Home Affaris to sort it out.
> 
> ...


Dear Retkram, 
I am not a specialist, but my wife is South Africa, I'm a French citizen (she is also pregnant but only 6 weeks) and we plan to relocate in SA in 2013, so I guess we will have similar issues when we move...
When we were in Cape Town in April I was told by a french guy also married to a South African citizen that we should absolutely get a specialized lawyer to go through the residency application. I can't remember the exact cost, but I think it was around 10 000 Rand. If this can avoid you the burden of going through the HA bureaucracy , it could be something to consider. 
I wish you and your wife all the best and I hope you will be able to sort this out quickly.


----------



## RetKram (Jun 22, 2012)

nicosuisse said:


> Dear Retkram,
> I am not a specialist, but my wife is South Africa, I'm a French citizen (she is also pregnant but only 6 weeks) and we plan to relocate in SA in 2013, so I guess we will have similar issues when we move...
> When we were in Cape Town in April I was told by a french guy also married to a South African citizen that we should absolutely get a specialized lawyer to go through the residency application. I can't remember the exact cost, but I think it was around 10 000 Rand. If this can avoid you the burden of going through the HA bureaucracy , it could be something to consider.
> I wish you and your wife all the best and I hope you will be able to sort this out quickly.


Thanks nicosuisse!

In hindsight I would also definitely hire or recommend hiring a specialist from the beginning. Even better have everything sorted out before coming to SA - going through the embassy in your country.

Me and my wife's reasoning starting out was that (finishing a study at the time) I would have plenty of time to figure these things out.

If R10000 saves you the headaches and pain of dealing with HA - and eventually get you employment a number of months earlier (if at all) than when dealing with HA yourself - then the R10000 is money very very well spend! 

Good luck with the Baby and with relocating! If you feel like meeting up for a beer or coffee when you arrive in Cape Town please do PM me.


----------



## bavwidinsi (Sep 6, 2015)

i had been married to my South African born husband in Zimbabwe cohabiting from 1990 and registered our Civil Marriage (chapter 37) in 1993.We had our son the following year in 1994.My then husband(now divorced) resumed his South African citizenship cause he became a Zimbabwean citizen by registration.His mother being South African and his father Zimbabwean,he was born in SA and went to Zim at the age of 3.It took me 10 full years of frustrations and being sent from pillar to post by the DHA who refused to register our foreign marriage.Our then 10yr old son got a late birth registration and got his South African passport and my husband a South African ID.i have suffered so much ,right now am on antidepressants,homeless and he is even selling our property in Zimbabwe.It has been the worst experience of my life.


----------

