# Please help us :(



## MishSA (Mar 31, 2013)

Hey Guys & Girls!

Iv been reading this forum to try make sense of all the TR & PR laws in SA. I had a few questions I couldnt find the answer to and u lot see to be a very helpful bunch!

Some background: I am a South African married to an Indian Citizen (3 years) and we have a 4 Month old baby (SA Citizen). We are currently living in India  because when we were in SA 2 years ago my husband (on a relatives permit) was unable to get a job. He is HIGHLY qualified and educated. It has been a horrible wait for us here and we are ready to try again :fingerscrossed:

:focus: So my questions:

1.) We are applying for his TR again next week and im confused by this whole Spouse vs Relatives permit nonsense?! Is there really a difference? 

2.) My sister has her own business, do u think it is a good idea to get a offer letter from her just so he can have a work endorsement? Im thinking this might help with prospective employers? What documents would we need to do this and is there anyway HA can figure out he is not really working for her?

3.) What if he instead applies for a business endorsement as a sole proprietor? Will this work and is it advisable?

4.) We are applying for his PR (based on our baby) as soon as we get there. are employers more likely to entertain you knowing your application has been accepted? Also how long did your PR take to process? Is 2 yrs the norm?

Really appreciate any help!


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## Oz_Child (Jan 28, 2013)

MishSA said:


> Hey Guys & Girls!
> 
> Iv been reading this forum to try make sense of all the TR & PR laws in SA. I had a few questions I couldnt find the answer to and u lot see to be a very helpful bunch!
> 
> ...


Hi Mish,

I don't know the answer to your first question but recommend that you talk to Legalman on this forum. 

Your second question regarding whether Home Affairs will find out. The company would have to report all foriegn employees to the Department of Labour on a regular basis. I had a situation whereby my company had to delist me because my work permit had expired and I had not received my extension yet. If you are caught not following the rules it could mean deportation and barring from returning.

Your third question, this could work but you need to substantiate with a business plan and sufficient funds.

Your fourth question, expect anything from 8 months to 2 years. It might be easier if your husband can get a permanent job offer from a company and apply for PR on that basis.

Hope this is of some assistance.


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## LegalMan (Dec 26, 2012)

Hi MishSA



> 1.) We are applying for his TR again next week and im confused by this whole Spouse vs Relatives permit nonsense?! Is there really a difference?


The Spousal Permit is simply a type of Relative's Permit.



> 2.) My sister has her own business, do u think it is a good idea to get a offer letter from her just so he can have a work endorsement? Im thinking this might help with prospective employers? What documents would we need to do this and is there anyway HA can figure out he is not really working for her?


Home Affairs won't check and therefore won't know, however he will legally only be allowed to work for her in the position stated on the job offer. To work for another company, he will have to re-apply for a new work endorsement. It is company and job specific.



> 3.) What if he instead applies for a business endorsement as a sole proprietor? Will this work and is it advisable?


There is no reason this won't be a good idea. Your husband simply has to run the business and hopefully will earn money that way. I usually don't share personal details, but my own wife has this exact same endorsement and runs her own travel agency.



> 4.) We are applying for his PR (based on our baby) as soon as we get there. are employers more likely to entertain you knowing your application has been accepted? Also how long did your PR take to process? Is 2 yrs the norm?


PR takes between 8 months and 18 months. I've seen it happen in 3 months and heard or horror stories going into many years. Don't rely on this permit, simply apply for it and wait, but in the meantime sort yourselves out with the best temporary permit option.

Good luck!


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