# PR 26(B) Spouse, can notarial agreement be stamped at a police station?



## db29 (Sep 23, 2014)

Hi, 

I am applying for my PR under 26(B) Spouse. We have been married for over 5 years and have a marriage certificate.

Do I need a lawyer to sign the notarial agreement? or can I get it stamped at a police station?

"A notarial agreement signed by both parties attesting that – (i) the permanent spousal homosexual or heterosexual relationship has existed for at least two years before the date of application for a relevant visa and five years at the time of application for permanent residence permit and that the relationship still exist to the exclusion of any other person and (ii) neither of the parties is a spouse in an existing marriage or a permanent homosexual or heterosexual relationship."

Many thanks!


----------



## db29 (Sep 23, 2014)

Hi, 

Also, can I write a letter stating that our marriage has lasted over 5 years or does it need to be a form such as:

https://www.southafrica-newyork.net/homeaffairs/forms/bi1712a.pdf

Any feedback would be much appreciated, I am researching and researching but can't find the information. Thanks!


----------



## Chimichuri (Feb 15, 2019)

You don't need it, just use the marriage certificate


----------



## jollem (Nov 9, 2016)

If you have a marriage certificate then a notarial agreement is not required. The requirement for a notarial agreement is meant for those who do not have marriage certificates. 

Anyways you dont draft a notarial agreement. It is a document drawn by a lawyer and it gets lodged at the deeds office. So it not like an affidavit which you just right yourself and get stamped


----------



## db29 (Sep 23, 2014)

Thank you so much for the replies!

I am filling in my application form online. However under the residential history there is no option to choose South Africa as a country?


----------



## db29 (Sep 23, 2014)

South Africa was there under the Republic of South Africa.

Does my wife need to be present when I am submitting the application?

Many thanks


----------



## ray_mbchb (Dec 3, 2019)

db29 said:


> South Africa was there under the Republic of South Africa.
> 
> Does my wife need to be present when I am submitting the application?
> 
> Many thanks


I recently submitted my application at a VFS office in South Africa and they asked for my wife to be present.

Best of luck with your application....


----------



## db29 (Sep 23, 2014)

ray_mbchb said:


> I recently submitted my application at a VFS office in South Africa and they asked for my wife to be present.
> 
> Best of luck with your application....


Hi, thanks for the reply.

Did they tell you before or after you arrived at the VFS office?

I called them and they said that my wife doesn't have to be there, only if they contact me for an interview. I'm very confused :s


----------



## ray_mbchb (Dec 3, 2019)

db29 said:


> Hi, thanks for the reply.
> 
> Did they tell you before or after you arrived at the VFS office?
> 
> I called them and they said that my wife doesn't have to be there, only if they contact me for an interview. I'm very confused :s


I called them and they advised me to bring her along... However, when we arrived there was nothing specific that she needed to do, she just accompanied me throughout the process lol 

I see you are from England as well... How are you finding South Africa?


----------



## B.C.T. (Mar 5, 2020)

When I applied at Pretoria they asked for the Notarial Agreement which we had, AND they sent us the Brooklyn SAPS to make and affidavit...we have been together since 2006, have four South African kids (And my South African spouse of course). 


This was in November of 2018...still waiting.


----------



## terryZW (Jun 26, 2017)

ray_mbchb said:


> I called them and they advised me to bring her along... However, when we arrived there was nothing specific that she needed to do, she just accompanied me throughout the process lol
> 
> I see you are from England as well... How are you finding South Africa?


It seems they only need to see the spouse if they suspect you for whatever reason. I've always gone alone to the appointments and I have also never been asked to produce my original documents when submitting (even though I always carry them just in case) but last time I went to VFS they actually told a guy to leave and return with the spouse.


----------

