# Permanent Spousal Residence Application HELP



## Jenkins16 (Apr 17, 2016)

Hi, I am currently in possession of a Temp Residency Permit and have done so for almost 8 years. I would like to now apply for my Permanent.

I have not worked in my time here however I would like to start employment in the next year. 

Question: *Can I work with a Spousal Permanent Residence Permit???*

*And if so, what do I need to produce to DHA to ensure this*?

Thanks in advance.


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## dave_c (Jul 1, 2015)

Jenkins16 said:


> Hi, I am currently in possession of a Temp Residency Permit and have done so for almost 8 years. I would like to now apply for my Permanent.
> 
> I have not worked in my time here however I would like to start employment in the next year.
> 
> ...


Hi there

You can work on a spousal PRP there are no limitations. Here is some info from the VFS site

APPLICATION FOR PERMANENT RESIDENCE – VFS as at 19 April 2016

A duly completed BI-947 form online. Handwritten forms will not be accepted by Department of Home Affairs.
Applicants are requested to get original documents for verification while submitting photocopies for any visa / permit category
Original passport
Copies of passport and previous visas
Original Bank payment / Electronic Fund Transfer receipt for each applicant
Original and Copy of Bank Receipt per applicant in case of Repatriation / Bank Guarantee paid in Department of Home Affairs Account
Appointment Letter, A Passport photograph for all applicants one year of age and older. A recent, passport-type, full face photograph bearing the names of the applicants on the reverse side thereof. (Machine-type or instant photographs are not acceptable).
A valid passport or Identity Document. Only original passport(s)/identity documents or certified copies are acceptable.
Full birth certificate, or extract from birth record for applicants. Only original documents or certified copies thereof are acceptable.
Change of name or gender document (i.e. Statutory Declaration, Deed Poll or legal Adoption Certificate).
Radiological report. All applicants 12 years of age and older (excluding pregnant women). The report shall not be older than six months at time of submission.
Medical Certificate as per format provided in Services section.
Police clearance certificate(s). Certificates may not be older than six months at the time of submission of this application. All applicants 18 years of age and older. In respect of all countries of residence for one year or longer (only originals issued by the relevant security authority will be accepted).
Marriage certificate, or extract from marriage record. Proof of registration of customary marriage in terms of Recognition of Customary Marriages Act No 120 of 1998 (Act No. 120 of 1998) where applicable / Spousal affidavit. Documentary proof of cohabitation and extent to which the related financial responsibilities are shared by the parties. ) All married applicants or parties to spousal relationship.
Divorce decree(s) or proof of legal separation and all relevant court orders (required irrespective of whether or not the person concerned has since re-married) regarding custody and maintenance of children and previous spouse(s). All applicants who are divorced or legally separated.
Written consent of both parents in the case of minor children where only one of the parents is applying.
Death certificate of late spouse, where applicable. All widowed persons.
Highest educational, trade or professional certificates evaluated by the South African Qualifications Authority of all applicants who will be employed in the Republic. (a) Full details of both training and experience are essential to confirm an applicant’s ability to perform the intended occupation in the Republic. (b) Documents submitted in support of this item shall indicate the actual dates of training or employment and the capacity or occupation in which the applicant has been trained or employed.
Work references or certificates of service (covering at least the last five years). All applicants who will be employed in the Republic. Section 26(a) of the Act
Proof of five years continuous work permits status.
Proof of registration with professional body, board or council in the Republic, if applicable.
Offer of permanent employment.

Section 26(b) of the Act
Proof that applicant has been spouse of citizen or permanent resident for five years.
Declaration of support for the application by the spouse who is a citizen or permanent resident.
Identity document of the spouse who is the citizen or permanent resident.
If the spouse is a permanent resident, a copy of his or her permanent residence permit must be submitted.


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## LegalMan (Dec 26, 2012)

You can work on *ANY* Permanent Residence Permit. You do not need to produce anything different to the documents needed for your PR in general.


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## Jenkins16 (Apr 17, 2016)

Thanks so much for the feedback, much appreciated!


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## Jenkins16 (Apr 17, 2016)

Thanks so much


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## LCS (Mar 12, 2015)

Hi Legalman
I am an SA citizen. My Irish partner applied for his PRP 23 March 2015. Still no response from VFS 13 months later, despite them saying processing time is 8-10 months. We have escalated it a number of times, with no apparent outcome.

My partner has been living with me in SA for 8 years now. He has a Temporary Residence Permit [based on spousal relationship] all that time, with endorsement to work. Should be a simple open and shut case for the PRP?

What is the real current waiting time for PRP applcations in your experience? We are wondering at what point we need to become concerned or take action.

Also, if my partner's Temp Residence Spousal Permit is about to expire while we are still waiting for the PRP, can he apply for a renewal of the Temp Res Permit while still waiting for the PRP to be adjudicated, to allow him international travel etc.?

Final question: if we were to go the legal route of a letter of demand to DHA to answer on the PRP application, can you give a ballpark figure of legal costs? [i.e. R5k?, 
R10k?, R20k?, R50k?]. Similarly, if this was to go to High Court for an order against DHA, do you have any rough idea of the costs involved?

Thank you so much for your sage advice!
Lance


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## LegalMan (Dec 26, 2012)

Questions and answers:
1.
Yes, 13 months is starting to be on the long side of things - I would start with a letter of demand.

2. 


> can he apply for a renewal of the Temp Res Permit while still waiting for the PRP to be adjudicated, to allow him international travel etc.?


3.
R5K. Then up to R20K depending on certain factors.


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