# Urgent help: spousal permit says no change of conditions allowed!!!



## maverick.s (Jan 22, 2015)

hi everyone
I am currently in South Africa on a relative's permit. I would now like to apply for 11(6) visa. When I called into the VFS office, they asked me to apply for ''change of conditions" category instead of fresh 11(6) application as mentioned by many on this forum.

I noticed then that my permit says ''to reside with spouse......" and below that no change of status or conditions allowed. Is this a mistake? 

I hold Indian passport and I know of many people from India and other countries who have applied for 11(6).

I don't know what do now.
Please help!!!!!!!

Thanks


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## LegalMan (Dec 26, 2012)

Hi Maverick, 

Technically/legally speaking, you are changing status, not condition. So although vfs online asks you to complete the change of conditions form, you are actually changing status from a relative's visa to that of a long stay visitor's visa on the basis of being married to a South African. 
You shouldn't have any issues applying for a section 11(6), but you may well need to go through the appeal stage, if your application gets rejected at Home Affairs


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## maverick.s (Jan 22, 2015)

Thanks for the reply LEgalman, however my query is with respect to the statement on my current ''relatives permit'' which states "no change of status or conditions allowed".

VFS said that I need to get a clarification on that from immigration officer before I can apply for 11(6). Is this very common or just me in this pathetic situation? As per VFS it means I can not apply for any visa in SA, which, as far as I understand, in fact is incorrect as per immigration law.

Holding a relatives permit I shall be allowed to apply for 11(6) or any other visa while being in SA. Whats your opinion?

Thanks
Cheers


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## LegalMan (Dec 26, 2012)

maverick.s said:


> Thanks for the reply LEgalman, however my query is with respect to the statement on my current ''relatives permit'' which states "no change of status or conditions allowed".
> 
> VFS said that I need to get a clarification on that from immigration officer before I can apply for 11(6). Is this very common or just me in this pathetic situation? As per VFS it means I can not apply for any visa in SA, which, as far as I understand, in fact is incorrect as per immigration law.
> 
> ...


Unfortunately the South African embassy in India, Pakistan and Russia love putting "no change of conditions" on their visas. So you are certainly not alone You have absolutely all right to submit the application. Which VFS are you trying to submit at?


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## maverick.s (Jan 22, 2015)

Okay!Phew! Well Don't know if I should be relieved entirely though. I will be applying at Pretoria office. Do you think I still need to get some kind of document for just in case or should I go ahead and submit.

Also, what is more safer to go for ''change of conditions'' form or fresh application cause the fresh one definitely has much more complicated questions which do not make sense for an 11(6) visa.

Thank you for bearing with me.

Cheers!


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