# Permanent Residency - First Kin



## Markzolt (Apr 17, 2015)

Hi,

I was wondering if anyone had any recent experience of applying for permanent residency through their children's citizenship status. 

I am a UK citizen with a South African wife and two daughters both with SA citizenship, one of whom was born in SA. 

We have not been married for five years and so I was under the impression I would have to wait until that time to apply for PR. I then caught wind of this first kin process whereby you can apply through a direct relation. 

Apparently this includes or used to include your own children, however Home Affairs seems to be rejecting applications on the premise that children cannot support their parents financially. So in essence this first kin option now only relates to children applying based on their parents citizenship.

From what I gather these rejections only started happening around September 2014. 

Does anyone have any first hand experience of this? It seems a bit of a grey area and I don't know if there have been any legal challenges of rejections. I want to know if there is any point in me pursuing this or if I should just sit tight and wait until I have married long enough. I think the system was being abused and hence HA closed this option down.

I can still stay and work in the country now but it would be great to find a way to stop having to fill out forms every couple of years to renew my visa.

Many thanks,

Mark


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## BIZIMA (Aug 11, 2015)

Hi Markzolt, you can still aplly for PRP under your minor children but it is advised that before you do so you need first to aply for a WAIVER of the regulation 23 (7) of section 27 (g) that require you to prove that the minor is able and willing to support you.
If the minister accepts to grant you the waiver, then you can apply under the minor and join the copy of that waiver to your application.


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## Markzolt (Apr 17, 2015)

Hi BIZIMA, 

Thanks so much for your reply, that is very interesting. When I spoke to a visa specialist today they did not mention anything about a waiver! It is such a complex process.

Do you know how I go about applying for this waiver and how long the decision process takes? There doesn't seem to be any information about it on VFS or Home Affairs website. It sounds quite complex and I am wondering if this is something a lawyer would have to get involved in.

Many thanks,

Mark


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## BIZIMA (Aug 11, 2015)

Hi Markzol, it's not that complex. the waiver will take you only 8 weeks maximum. for more infos you can whatsapp me on 0789228666 so that I can send you even the application form as iam struggling to use all the futures on this forum's website. 
thanks


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## Fynbos (Jan 8, 2015)

Hi Markzolt,

It's HIGHLY unlikely that a waiver will be sufficient for a PR application based on a minor child. We have challenged DHA numerous times on the issue, and have always received the same ridiculous response. You can read more about it here: SA minor child no longer grounds for permanent residency

Let us know how it turns out. 

Best of luck!


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## Markzolt (Apr 17, 2015)

Fynbos said:


> Hi Markzolt,
> 
> It's HIGHLY unlikely that a waiver will be sufficient for a PR application based on a minor child. We have challenged DHA numerous times on the issue, and have always received the same ridiculous response. You can read more about it here: SA minor child no longer grounds for permanent residency
> 
> ...


Thanks very much, I thought it all sounded a bit too good to be true. By the sounds of it the process here has improved for applying for visas etc so hopefully it won't be so painful next time I renew my visa. I think there are also some tax advantages to not being a permanent resident if I am out of the country for any period so I was in two minds in any case. Think I will just sit tight and apply when married 5 years.


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## ernal (Jul 16, 2014)

But there are grounds a waiver can be accepted, no harm in trying. Its all discretion of the Minister or DHA. Goodluck


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## BIZIMA (Aug 11, 2015)

hi fynbos!
would you like to tel the forum wich regulation or section of the new law says that parent of minor are not qualify to PRP?
DO you really thing that if that was the case the dha was going to accept applications under section 27 (g)???

Gov us some lights plZ


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## Fynbos (Jan 8, 2015)

Hi Bizima,

I suggest you read the article I linked to above: SA minor child no longer grounds for permanent residency


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## TheDarkOne (Jul 27, 2015)

BIZIMA said:


> hi fynbos!
> would you like to tel the forum wich regulation or section of the new law says that parent of minor are not qualify to PRP?
> DO you really thing that if that was the case the dha was going to accept applications under section 27 (g)???
> 
> Gov us some lights plZ


I think Fynbos could be right because the VFS website has been updated recently under the PR section to state


> Please note an application for permanent residence in terms of section 27(g) of the Immigration Act 13 of 2011, as amended, read together with Regulation 23(7), requires the citizen or permanent residence holder to satisfy the Director-General that he or she is able and willing to support and maintain the applicant. A minor dependent is not in a position to assume financial, emotional, medical and physical responsibility for a parent. They are therefore unable to fulfil the abovementioned requirement and satisfy the Director-General accordingly. Parents of minor dependents therefore do not qualify for permanent residence in terms of section 27(g) of the Immigration Act.


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## BIZIMA (Aug 11, 2015)

thanks a lot the darkone
I just read the update on vfs website on the section 27 (g) permit and have take it has official that parents of minors children don't qualify for PRP under that section. 
still, I believe that someone can request the discretion of the minister to WAIVE that condition
it's even the all sense of the waiver thing.


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## LegalMan (Dec 26, 2012)

Markzolt said:


> Hi,
> 
> I was wondering if anyone had any recent experience of applying for permanent residency through their children's citizenship status.
> 
> ...


Hi Mark, as you know now, waivers for this regulation are not coming through. However, have you been in a permanent relationship combined with the years you have been married for longer than 5 years? 
You would qualify for PR on that basis. Provided you have lived with your wife prior to marriage. 
In essence, have you lived with your SA spouse for longer than 5 years?


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## ernal (Jul 16, 2014)

Legal Man the question is how do one proof that Legal living prior to Marriage , when marriage is only about a yr old? I have seen a case that was rejected as well. so it might help if we have requirements to proof this


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