# PR based on marriage to SA citizen



## shumifan49 (Sep 18, 2013)

I appologise if this duplicates any previous posts, but things are now changed and I want to clarify the process.

I am a SA citizen and we live in the UK where I married a Slovak citizen. I now want to move back to South Africa.

1. From reading on the HA website, we could apply for permanent residence directly for my wife based on me being an SA citizen and her being married to me and us having been together, in the UK, for 9 years(we can get affadavits and bills to prove this). Is this correct?
2. From LegalMan's post about the changed rules, it seems like we will have to apply for the PR here in the UK. However, she is Slovak, will it be possible to make the application in the UK as that is where we live, but it is not her country of origin?
3.We need police clearance certificates for 'each country you have lived in since you were 18'. Does that mean she will need a police clearance certificate from Slovakia as well as the UK as she was born and lived in Slovakia until she was 22, after which she moved to the UK.
4. Once we have filed the application, can we then move to South Africa or do we have to wait for the visa to be granted before we can move? It would mean that she will enter on a tourist visa(30 days for Slovakia) if we move before the PR is granted.
5. What is not clear from the website is whether I need a permanent SA address before we can file the application. That would not make sense, but not all things make sense as far as immigration is concerned.
6. Reading other posts it seems like the processing time can be anything from 2 months to a year. Is this still the case?

Any clarification of the above will be much appreciated.:fingerscrossed:

NOTE. We have sold our house in the UK and will have to find somewhere to live if we have to wait here for the visa to be processed. I might have jumped the gun on selling the house, but that is water under the bridge.


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## LegalMan (Dec 26, 2012)

I'm impressed - you're well read!



> 1. From reading on the HA website, we could apply for permanent residence directly for my wife based on me being an SA citizen and her being married to me and us having been together, in the UK, for 9 years(we can get affadavits and bills to prove this). Is this correct?


Yes, she will apply for a TRP and PR at the same time, if she is going to be in SA before receiving the PR.



> 2. From LegalMan's post about the changed rules, it seems like we will have to apply for the PR here in the UK. However, she is Slovak, will it be possible to make the application in the UK as that is where we live, but it is not her country of origin?


Either country is fine. But you will need to apply for the TRP as well. With this she can enter SA and apply there for PR.



> 3. We need police clearance certificates for 'each country you have lived in since you were 18'. Does that mean she will need a police clearance certificate from Slovakia as well as the UK as she was born and lived in Slovakia until she was 22, after which she moved to the UK.


Yes, definitely.



> 4. Once we have filed the application, can we then move to South Africa or do we have to wait for the visa to be granted before we can move? It would mean that she will enter on a tourist visa(30 days for Slovakia) if we move before the PR is granted.


You will have to wait as you will need to pick up the application at the same place where you lodge it.



> 5. What is not clear from the website is whether I need a permanent SA address before we can file the application. That would not make sense, but not all things make sense as far as immigration is concerned.


You do not need this in my opinion.



> 6. Reading other posts it seems like the processing time can be anything from 2 months to a year. Is this still the case?


Yes and no. It could also be 1 month for TRP and 2 years for PR. But let's stay positive.

Things keep changing with the new regulations, and I will try to keep you informed.


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## shumifan49 (Sep 18, 2013)

@LegalMan: 
Much appreciated.


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## shumifan49 (Sep 18, 2013)

> You will have to wait as you will need to pick up the application at the same place where you lodge it.


That will pose a problem if we apply for the TR and PR at the same time in the UK as we will then be in South Africa when we have to collect the PR, or is there a way around this problem? It seems like a real waste to have to travel back to the UK to collect the PR.

It seems like we cannot apply in South Africa for PR as it is changing the type of permit - it is not just an extension.


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## LegalMan (Dec 26, 2012)

Definitely apply in the UK for the TRP and then in SA for the PR.


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