# applying for SA permanant residence



## SHIC (Jan 7, 2013)

Hi guys
I am living in SA currently on a temporary visa, however I now need to apply for a perm res permit based on the fact that my spouse is a SA citizen. I have been here for a while now and have not been able to get employment due to the fact that I don't have a 'green bar coded identity card'. Now I am so sick of sitting and I need to apply for perm res in hurry. I need assistance from those of you who have been in this situation. Approximately how long does it take? I hear we need to go in for interviews, what exactly do they ask? And there is a phrase on the application form which says 'if spouse is PARTY to the application', what does this mean exactly. I tried to get clarification on this one at home affairs and the lady I asked was clueless. I am applying because my hubby is south african, does that mean he is 'party' to the application?
Sorry for tha long story guys, I just need to get this right the first time. I hope someone will be able to respond. Thank you in advance.


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## Saartjie (Mar 1, 2010)

SHIC said:


> Hi guys
> I am living in SA currently on a temporary visa, however I now need to apply for a perm res permit based on the fact that my spouse is a SA citizen. I have been here for a while now and have not been able to get employment due to the fact that I don't have a 'green bar coded identity card'. Now I am so sick of sitting and I need to apply for perm res in hurry. I need assistance from those of you who have been in this situation. Approximately how long does it take? I hear we need to go in for interviews, what exactly do they ask? And there is a phrase on the application form which says 'if spouse is PARTY to the application', what does this mean exactly. I tried to get clarification on this one at home affairs and the lady I asked was clueless. I am applying because my hubby is south african, does that mean he is 'party' to the application?
> Sorry for tha long story guys, I just need to get this right the first time. I hope someone will be able to respond. Thank you in advance.


Hi there,

I shall try to answer your questions as I have gone through this myself.

1. The waiting time for Permanent Residence is anything from 3 months up to 2 years. I applied for mine in November 2011 and I am still waiting for mine. Lately the PR applications seems to take a long time for most people.

2. Yes you do need to attend an interview. It seems to be different procedures depending on where you apply but I applied at the Cape Town HA (Barrack St) and as we were handing in my application forms at the counter, the official asked my husband and I about five questions each and they were easy questions like 'where did we meet', 'how long have we known each other', when did we get married' etc. Easy peasy questions so you do not need to worry about that.

3. In section 3 of the PR application form, they ask you to complete your Spouse's details (if applicable) and as you are applying on the basis of being married to SA citizen you complete this part. This means that your Spouse becomes a 'party' to the application and you must therefore complete section 4 of the form (your Spouse's parents details). This is how I did it in any event and it was accepted.

Without being the bad guy here, please do not get your hopes up that you will get the permit quickly. If it happens that is great but rather resign to the fact that you will have to wait for quite some time and if it comes through quicker then that is a bonus.

If you have a 'spousal' TR then you should be able to get this endorsed for work which means you can work whilst waiting for your PR. I have not had any problems obtaining employment just because I do not hold a SA ID book.

Hope the above helps but let me know if you have any questions.

Saartjie


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## Jujube (Sep 12, 2011)

Hi all,
did exactly the same as Saartjie talked about above, including filling the spouse & parents details, as party to the application.

*Saartjie*, I have on question for you: on my latest call to DHA, they now told me that my application has been assigned to a 'case officer' since the 5th of this month, reviewing all papers etc...have you heard such thing when you call them? Since I have only applied in May last year, I would imagine that you would.

Thanks,
Julien


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## Saartjie (Mar 1, 2010)

Jujube said:


> Hi all,
> did exactly the same as Saartjie talked about above, including filling the spouse & parents details, as party to the application.
> 
> *Saartjie*, I have on question for you: on my latest call to DHA, they now told me that my application has been assigned to a 'case officer' since the 5th of this month, reviewing all papers etc...have you heard such thing when you call them? Since I have only applied in May last year, I would imagine that you would.
> ...


Hi Julien,

That sounds like your application is moving in the right direction:clap2:

I don't obtain my updates myself, it is my lawyer that does this for me and at the moment it is still pending.

What I do know is that each PR application has to be approved by the Director General which is why it takes so long. It may be so that your application is on its way to the DG which would be great news.

It's totally a luck of the draw how quickly your application is dealt with and you might just be one of the lucky ones. Keeping fingers crossed for you.

I obtained my latest update from my lawyers two days ago and nothing has changed...still 'pendind'

Let us know if you get any good news!!!


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## Bradley Minns (Aug 23, 2012)

Hi Saartjie, 
you sound like someone that knows a thing or two about the processes here in SA and iv'e been hearing and reading contradictory information.

I was awarded my 3 year Temporary Life Partner/Spousal Visa with work endorsement last year July. I have been here over 14 months total so far and with my girlfriend (SA PARTNER) for nearly 3 years.
I want to know if 1 year before this TR ends can I apply for PR or must I apply for another TR at the end of my 3 years?

Any wisdom on this matter is greatly appreciated!

Thanks,
Brad


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## MissGlobal (Aug 4, 2012)

You can apply for TR and PR at the same time - which is advisable! We did it - my husband's TR came almost immediately. We're still waiting on the PR one.


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## LegalMan (Dec 26, 2012)

@MissGlobal - You cannot simply apply for TR and PR at the same time. You need to have "5 years".

1. Spouses of South African citizens or permanent residents may, upon being married for 5 years, apply for permanent residence. 
2. Life partners (heterosexual or homosexual) of South African citizens or permanent residents who are in long term or permanent relationship can apply for permanent residence upon providing comprehensive evidence showing that the relationship has existed for a minimum of 5 years.
3. Both life partners and spouses of South African citizens or permanent residents who have received permanent residence will need to confirm that their relationship or marriage exists within 2 years of receiving permanent residence in order to maintain their status as a permanent resident.

@Bradley - It sounds like you have 3 years with your life partner - 2 years to go (unless I have misunderstood you).

Saartjie is correct - it is still taking a long time for PR. This is while SA passports and ID books are now taking less than a month. So there is hope...


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## Saartjie (Mar 1, 2010)

Bradley Jaguar East Rand said:


> Hi Saartjie,
> you sound like someone that knows a thing or two about the processes here in SA and iv'e been hearing and reading contradictory information.
> 
> I was awarded my 3 year Temporary Life Partner/Spousal Visa with work endorsement last year July. I have been here over 14 months total so far and with my girlfriend (SA PARTNER) for nearly 3 years.
> ...


Hi Brad, I see others have already responded to your query but in short, you can apply for PR only when you can show that you have been married for minimum of 5years or alternatively if you can show that you have been in a spousal relationship for a minimum of 5 years. As such your PR is not dependent on your TR but only on the length of your relationship. Once you have reached the 5 year mark you can apply for a PR whenever you want. All you need to make sure is that you always have a valid TR whilst awaiting the outcome of your PR, that is, a mere application for PR does not entitle you to remain in the country. You can apply for PR and TR at the same time.

Hope the above helps.


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## Bradley Minns (Aug 23, 2012)

Ok Thanks everyone, Guess we'll just re-apply for my TR and work permit next year and wait a couple more years. Hopefully they would of sorted out the PR ques by then!
Good luck all!


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## dfurbee (Sep 6, 2009)

*Related Question*

Is there any advantage or disadvantage to starting the residency application process at a South African consulate overseas before moving to SA? I would do so in the U.S. based on my wife being a South African born citizen.

Thanks


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## 2fargone (Jun 14, 2011)

dfurbee said:


> Is there any advantage or disadvantage to starting the residency application process at a South African consulate overseas before moving to SA? I would do so in the U.S. based on my wife being a South African born citizen.
> 
> Thanks


I did TR overseas in the U.S. it was so much faster to do it in the U.S. Go to the website all the forms are there. They even have processing times on the websites which I have found to be pretty accurate. When you call and e-mail they actually answer. I would apply overseas if you can.


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## RamonaJune (Apr 11, 2012)

Hi Everbody,

I appreciate this forum! In reply to dfurbee - I am NOT an expert but I say YES go to the consulate and do as much as you can before coming here. If you have never been here you will be amazed by the conflicting information & esp lack of info to these kinds of questions. 
Good Luck!
My question is can I claim my PAYE from my job of 9 months - it paid very little - before I travel?
Thank you very much !


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