# Spousal Permit - help with the affidavit



## chellovaile (Jun 7, 2011)

Hi 

Hoping someone can help me, I'm trying to put together my application for temporary residency. My husband is a South African citizen and we plan to relocate from the UK to Durban in September. We've been married 2 years.

I've found the affidavit for parties to a permanent spousal relationship, but it is asking for us to attach a notarial contract in terms of scetion 1 (1) (xxxvi) of the Immigration Act, 2002.

Can anyone please let me know what this is and how we can get it?

Also, who is a "Commisioner of Oaths" which we can get to witness the affidavit?

Appreciate any help! Thank you


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## Crispin (Jun 1, 2011)

Hi

An affidavit is basically just a official statement from your Husband saying that you are married, that you are staying together and that he will support you.

Your husband can get this done at any South African Police Station. He just need to take his South African ID document with him. 


Alternatively most lawyers / attorneys can also act as a "Commissioner of oath" and you can make an official statement with them, but this will cost you as the police station option is free of charge.

My wife and I just went through the process of getting a spousal permit for her, so send me a PM if you have more question on the process

Regards
Crispin


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## chellovaile (Jun 7, 2011)

Thanks for the info Crispin!

So the affidavit does not need to specifically be the HA one I've found online (albeit not on the HA website - but nothing there!)?

Our problem is that we need to apply from the UK, so cannot get to a SA police station unfortunately.

It's a relief to hear people are getting through the process, the more I research the more confused I am getting! I was hoping to be able to work it out myself as it doesn't cost a penny (aside from all the medicals, police checks, etc), but I'm leaning more and more towards shelling out the £600 to get an immigration specialist to do it for us!


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## Guest (Jun 9, 2011)

chellovaile said:


> Thanks for the info Crispin!
> 
> So the affidavit does not need to specifically be the HA one I've found online (albeit not on the HA website - but nothing there!)?
> 
> ...


Hi

For a life partner application, the official Home Affairs affidavit will need to be used. Also, the SA High Commission may ask for the notarial agreement. The latter is more legally binding and can only be witnessed by a Notary.

An affidavit can be witnessed by a Commissioner of Oaths, which can by any person, who has fulfilled the requirements to be allowed to act as a CoO.

However, if you have been married, you have your marriage certificate, and thus would not need any affidavit or notarial agreement.

Hope this helps.

Regards 

Joachim


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## chellovaile (Jun 7, 2011)

Joaschim said:


> Hi
> 
> For a life partner application, the official Home Affairs affidavit will need to be used. Also, the SA High Commission may ask for the notarial agreement. The latter is more legally binding and can only be witnessed by a Notary.
> 
> ...



Thank you for clarifying Joachim! We married in Australia, so I have an Australian marriage certificate, but it has been authorized by the Department of Foreign affairs so it would be recognized in SA.

So a foreign marriage certificate would replace the affadivit? I'm still not totally clear on what a notarial agreement is - is it basically a statement, legally recognized becauase it's been witnessed, saying that you are commited to the relationship and provide emotional, financial support, etc, etc. But Home Affairs are satisfied that the fact we committed to a legal marriage shows this instead of a sworn statement? 

Sorry for all the questions! We were originally planning on doing all this once I'd arrived in SA, so have our flights booked, but now the rules have changed/are changing, I've been told we need to do it before we leave the UK, so we've only got time enough to get it right first go! I've been told turn around time at the London embassy is 30 days, so if I can get all my paperwork together and have it in by early July, I should have the permit by early August. Is this a realistic goal? Does anyone get the permit first go?

Stressed!!


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## Guest (Jun 9, 2011)

chellovaile said:


> Thank you for clarifying Joachim! We married in Australia, so I have an Australian marriage certificate, but it has been authorized by the Department of Foreign affairs so it would be recognized in SA.
> 
> So a foreign marriage certificate would replace the affadivit? I'm still not totally clear on what a notarial agreement is - is it basically a statement, legally recognized becauase it's been witnessed, saying that you are commited to the relationship and provide emotional, financial support, etc, etc. But Home Affairs are satisfied that the fact we committed to a legal marriage shows this instead of a sworn statement?
> 
> ...


I can see that you are stressed, and form what I can see, I would say that you are also going in circles slightly 

So, let's all take a deep breath, and look at what needs to be done.

I work for an immigration firm, so unfortunately I am limited in terms of how much information I can post on these forums, but from what I can see, you have a general idea of what is required.

There is a lot of information out there, and yes some is confusing. Mainly because a lot of information is based on personal experience of previous applicants, and as everyone knows, experiences can differ and each situation is different.

So, going back to the affidavit and notarial agreement issue: Both are legally binding documents, where both parties sign and confirm that they are in a legitimate relationship. 

The former is witnessed by a Commissioner of Oaths. Anybody can in theory become a Commissioner of Oaths, provided that certain requirements are met.

In terms of a notarial agreement, only a Notary, i.e. legal practitioner can witness these agreements, and thus they carry more weight than the affidavit. But both are important for Life Partner application.

BUT, if a couple is married, they have a marriage certificate, and so would not need an affidavit or notarial agreement. It may be that the embassy askes for these in addition to the marriage certificate, but this is unusual and considered an overkill. 

We do sometimes advise our clients to also provide these documents, if we feel that the embassy might query the mariage (for a number of reasons).

In terms of the law changes, I have posted a number of responses on this forum, and admittedly I need to post an update on this.

At the moment nobody really knows when the new law will take effect. We initially expected this to be mid June, however, nobody can say for certain, so it can also be at the end of the year.

As each situation is different, and everyone's circumstances differ, it is difficult to find answers that fully suite your situation. 

In theory anybody can try to apply for their permits on their own (no matter wht kind of permit they are applying for). But as you have found, it can take some time to get every bit of information and then one needs to hope that the information is a) correct, and then b) relevant.

What I would advise to anybody looking for advice on these forums is to not just post a question and then read the responses, but to actually copy the responses and write them down on a piece of paper. That way your mind already orders all the information thrown at you and it prioritises the advice and the feedback.

This has been a very long reply, so I hope that I have not confused you anymore. But I hope that you have found it to be useful.

Kind Regards

Joachim Schuckmann


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## HelG (Jul 5, 2011)

*Spousal Affidavit*



Joaschim said:


> I can see that you are stressed, and form what I can see, I would say that you are also going in circles slightly
> 
> So, let's all take a deep breath, and look at what needs to be done.
> 
> ...


Hi Joachim,

Hopefully you can also give me some advice on the spousal affidavit. I am applying for a LPP from the UK however my fiancee lost his job and had to move back to SA last year. We have been flying back and forth but I had to stay in the UK for a while longer for work/money reasons. 

I am getting all of my documents together and I have got to the spousal affidavit. We were told by an immigration company that we don't BOTH have to be there when it is signed/stamped, but now we are being told that we do! 

We really can't afford for him to fly back to the UK for it to be signed but if we have to then we have to. Do you know if there is anyway around this? could he get one signed in SA and then send it to me in the UK so I can get it signed too? Also I have never even heard of the notarial agreement. Do we need this as well?
I wanted to leave at the end of August so need to get it in, in the next week or so. 

I wanted to book my flights but on the Home Affairs website it says NO flights must be booked before you have the visa however in the form you need to fill out it asks for the date of departure and flight number! which is correct???

Please help, this is so stressful. I was originally going to go on a holiday visa and then change it but I don't want to risk it now with the potential new rules and I can't leave until the end of August.

I hope you can help me! I need to get on that lane: to see my fiancee!


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## Mazdo (Apr 26, 2011)

HelG said:


> Hi Joachim,
> 
> Hopefully you can also give me some advice on the spousal affidavit. I am applying for a LPP from the UK however my fiancee lost his job and had to move back to SA last year. We have been flying back and forth but I had to stay in the UK for a while longer for work/money reasons.
> 
> ...


Hi HelG,

I recently went through the LPP application myself so hopefully my experience will help.

Firstly, for a LPP you do not need a notarial agreement, the affidavit will be fine.

My fiancé and I both signed the affidavit at home and then took it to a SA police station to have it stamped. We were not required to sign or make any oath at the police station it was simply *stamp stamp* done.

Whether to book tickets or apply first, I can't answer I'm afraid as I applied from within SA. I would speak to the SA embassy at which you want to apply, they should be able to clarify which to do first.

Hope this helps!

-Mazdo


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## HelG (Jul 5, 2011)

Mazdo said:


> Hi HelG,
> 
> I recently went through the LPP application myself so hopefully my experience will help.
> 
> ...


Thanks Mazdo, but my issue is not so much getting the affidavit stamped I more need to know if we both have to be present at the same time as we are in different countries. Or is it possible for him to get it done in SA and then send it to me in the UK?

Thanks
Helen


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## Mazdo (Apr 26, 2011)

HelG said:


> Thanks Mazdo, but my issue is not so much getting the affidavit stamped I more need to know if we both have to be present at the same time as we are in different countries. Or is it possible for him to get it done in SA and then send it to me in the UK?
> 
> Thanks
> Helen


Sorry I should have been more clear, when the affidavit was stamped by a Commissioner of Oaths (SA Police) we were not both required to be there. Having said that, this could just be specific to the SA police. If you plan on using a UK Commissioner of Oaths I would verify with them that this is ok.

Cheers

-Mazdo


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## sebhills (Jul 6, 2011)

Mazdo said:


> Hi HelG,
> 
> I recently went through the LPP application myself so hopefully my experience will help.
> 
> ...


Hi Guys,

I'm a UK citizen who has been in a relationship with a South African Citizen for the past five and a half years (4 of which we have been living with each other) in the UK. We plan to move to South Africa and are in the process of apllying for a Temporary Residents Permit. We've got the majority of stuff together, but are a bit stuck on the affidavit in so much as what should the wording of a notarial contract be? 

If anyone can point me in the direction of a template or summary of what it should say that would be great - don't want to spend £80 getting it notarised only to find out it is wrong/missing information 

Thanks

Seb


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## Maddiew (Aug 1, 2011)

*notarial contract*



Joaschim said:


> Hi
> 
> For a life partner application, the official Home Affairs affidavit will need to be used. Also, the SA High Commission may ask for the notarial agreement. The latter is more legally binding and can only be witnessed by a Notary.
> 
> ...


I am so glad I found this forum. I have been putting my Life partner application together since the beginning of June. 
My partner is a SA citizen who lived in the UK for 11 years. We have been in a relationship for 3 years, living together for 2 years. The SA embassy in the UK have been most unhelpful and even notaries in the UK are unsure of exactly what a notarial contract is. 
I originally completed the affidavit form (Annexure A & B) before my partner left for SA as it needed signing by us both in front of a comissioner of oaths. I travelled to london last week to submit my application only to be given a further affidavit form (1712A) and told to attach a notarial contract. 
From reading this forum, I am assuming that the statement my partner wrote about our relationship and our intentions counts as a notarial contract. He has signed it but i now understand that a notary has to sign it also. Can this be done at a ploice station in SA with his ID book?
Another quiry I now have is are all 3 affidavit forms required. If form 1712A is needed, how should I go about doing this now that we are in seperate countries.
I do hope you can help shed some light on this as I am beginning to lose faith. I had hoped to be out in SA with my partner by the end of August but need to apply in the UK as the processing time is much quicker.

Kind regards,
Maddie


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