# Child birth of RSA PR outside of RSA



## JamesNY (Jul 26, 2014)

Hello Everyone, 

I don't think that anybody will have an answer to my question but i am posting it anyways.

I applied for my PR (for the whole family) based on retirement at New York consulate 14 months a go and my PR application is pending adjudication which should be finalized in two months. However, My wife is pregnant and the she is due in 3 months. 

option 1. So i am wondering if i should notify the consulate about the pregnancy now and request to have my PR application finalized after my baby is born and the baby to be included in the application? 

- the downside of this could be that application maybe rejected for longer meeting the "sufficient income" requirement for the new baby.

Option 2. Let the my application to finalized and get my permit stamped in my passport and when the baby is born, than apply for the baby's PR based on me being PR.

-the downside of this that i might have wait an other 18 months for my baby's PR to be finalized. But i also only have 12 months to travel RSA. my family might have to leave the baby in New York and go travel to RSA with out the baby and than come back to get the baby.


this does put me in a difficult situation because if ask for the consulate's advise, than 
they consulate might take it a notification of pregnancy, and thus grounds for rejection of my application.

Any input in regards to this matter will be greatly appreciated.


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## Saartjie (Mar 1, 2010)

JamesNY said:


> Hello Everyone,
> 
> I don't think that anybody will have an answer to my question but i am posting it anyways.
> 
> ...


Hi, not sure if I can help but will try. I think your best option is to get your PR finalised for the rest of your family. Once the baby is born, apply for TR (relatives permit) as well as PR for your baby. The TR should be finalised much quicker than the PR which would allow your baby to enter SA and await the PR. 

A second option might be (although I have zero knowledge of entrance requirements for US passport holders to SA), that once your PR has been finalised and the baby has been born, you get a visitors visa for the baby and enter SA on that and apply for TR and PR whilst in the country. Although the new regulations state that you no longer can do this (that is, enter SA on a visitors permit and apply for any type of residence permit, as they now require you to return to your home country to apply) this apparently does not apply to a minor child of a PR holder.

The reason why I am certain about the second option is that I hold PR myself, I am currently 35 weeks pregnant and due to give birth in my home country in 4 weeks time and I will then return to SA. My lawyer, Gary Eisenberg of Eisenberg and Associates have provided me with written confirmation that my baby will be allowed to enter SA on a visitors permit and then apply for PR. I do not intend to apply for PR for my child as his dad is SA citizen so will rather register him as SA citizen but I needed to be certain that he could enter SA on a visitors permit as I don't have the time to wait here for him to be registered at the embassy as I need to get back to my job in SA.

Option 1 above is probably your best bet, if your embassy is not too slow in issuing TR permits. You should not delay your current PR application if possible.

Hope the above helps.


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## bimbo007 (Sep 11, 2014)

JamesNY said:


> Hello Everyone,
> 
> I don't think that anybody will have an answer to my question but i am posting it anyways.
> 
> ...



US passport holders is visa free to south africa. however you can't stay for more than 90 days at a stretch. but you can always go to any neighbouring country and then re-enter SA when the 90 days is almost due. you can do this until your PR is out.


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