# Life Partner to Spousal Temp Permit to Applying for PR



## rainbow84 (Feb 8, 2010)

Hi, 

Need some help to clear up some confusion, as different calls to different people returns a different requirement.

Some background
- I am on* life partner* temporary residence permit, with working permit endorsed from Aug 2008 - 2011
(We applied by having a police officer's affidavit, simply stating me xxx is life partner of xxxx and have been staying together since August 2008)
- Decided to get married in 2011, so permit becomes *spousal* temporary residence permit , , with working permit endorsed until now.

Questions

I believe one can apply for permanent residency after 5 years of life partner OR spousal permit. Does my life partner (3 years) and being married (2 years) count? If so, is my police affidavit that I had when I first applied sufficient to prove that we were life partners since Aug 2008. 

Reason for this is , some told me I need to have shared bank accounts / municipality bills of both our names / proof that we were staying together since Aug 2008. Unfortunately we have separate bank accounts (who still shares bank account anyway?!) and all bills is of my husband's name only.
Another person said that I will need a notarial affidavit, but the date can only start from now and not Aug 2008.

I am currently pregnant, due Feb 2014. Can I apply for PR once baby is born, under which section is this? 
If I can, what is the difference in having apply PR through marriage vs through child? Which one is the better option

Thanks in advance :fingerscrossed:


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## LegalMan (Dec 26, 2012)

*A billion questions, numbered twice.* Here are some answers.

I believe one can apply for permanent residency after 5 years of life partner OR spousal permit.
Yes.

Does my life partner (3 years) and being married (2 years) count?
Yes.

If so, is my police affidavit that I had when I first applied sufficient to prove that we were life partners since Aug 2008. 
No. (not for Home Affairs)

Reason for this is , some told me I need to have shared bank accounts / municipality bills of both our names / proof that we were staying together since Aug 2008.
They are correct. (you need proof of shared financial responsibility and cohabitation)

Unfortunately we have separate bank accounts
OK (you can prove shared financial responsibility in other ways)

(who still shares bank account anyway?!)
Many, MANY people do.

and all bills is of my husband's name only.
Once again, you can prove it other ways.

Another person said that I will need a notarial affidavit, but the date can only start from now and not Aug 2008.
Not sure what you or they mean/t here.

I am currently pregnant, due Feb 2014.
Congratulations!

Can I apply for PR once baby is born, under which section is this?
Yes, Relative Permit section. Your baby is your relative.

If I can, what is the difference in having apply PR through marriage vs through child? Which one is the better option.
Neither.


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## Saartjie (Mar 1, 2010)

rainbow84 said:


> Hi,
> 
> Need some help to clear up some confusion, as different calls to different people returns a different requirement.
> 
> ...


Hi, 

I see that Legal Man has answered most of your questions. Just wanted to add to your question regarding which PR to go for. I had the same choice, that is either apply through my child or my spouse. I chose my child for one reason and that is that the PR is valid until the day my child turns 21 (she is currently 2) and as I can apply for citizenship after 5 years of PR then I should in theory have sorted this out by the time my kid turns 21. If I had chosen the PR through my spouse I would be totally dependent upon him. I am not trying to play devils advocate here but if my husband leaves me or something else happens, then my PR will be revoked and I will have to leave (or get another permit). This might sound negative but in order for me to remain in some sort of control of my own permit I chose what I thought was best for that reason.


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## rainbow84 (Feb 8, 2010)

LegalMan said:


> If I can, what is the difference in having apply PR through marriage vs through child? Which one is the better option.
> Neither.


Thanks LegalMan for going through my questions and your patience. 
I have decided to apply through my child, less complicated and less things to prove. Any extra information if you have will be very useful 



Saartjie said:


> Hi,
> I see that Legal Man has answered most of your questions. Just wanted to add to your question regarding which PR to go for. I had the same choice, that is either apply through my child or my spouse. I chose my child for one reason and that is that the PR is valid until the day my child turns 21 (she is currently 2) and as I can apply for citizenship after 5 years of PR then I should in theory have sorted this out by the time my kid turns 21. If I had chosen the PR through my spouse I would be totally dependent upon him. I am not trying to play devils advocate here but if my husband leaves me or something else happens, then my PR will be revoked and I will have to leave (or get another permit). This might sound negative but in order for me to remain in some sort of control of my own permit I chose what I thought was best for that reason.


Thanks Saartjie for your response. It makes total sense. 
I have another question though, I do not plan to apply for citizenship in SA, reason because I am not allowed dual-citizenship in Malaysia. Therefore if I apply citizenship in SA, I will have to denounce my citizenship in Malaysia. 
In this case, what happens after my child turns 21?


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## Saartjie (Mar 1, 2010)

rainbow84 said:


> Thanks LegalMan for going through my questions and your patience.
> I have decided to apply through my child, less complicated and less things to prove. Any extra information if you have will be very useful
> 
> 
> ...


Hi,

I am not sure what the answer would be then. I guess if you are married or in a spousal relationship at the time you can apply for a new PR on that basis. All I know is that the PR on the basis of a child will not be extended as they are no longer considered your dependent from the age of 21.

Legal Man can probably elaborate on this as he is the expert.


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