# Applying for PermRes for spouse



## condorian (Dec 9, 2009)

After much emailing back and forth with the embassy. We go into the embassy to apply for a temp.res and a perm.res for my wife. Only to be told that I( south-african citizen) need to be earning an income in SA before the PR can be applied. In our emailing the embassy we got told that all that was required was for me to show a bank balance either there or here and/or an affidavit of support.

Has this changed? It now seems that i have to be working in SA first before i can bring my wife over. 

Some clarity from someone who has applied for a PR recently.

Thanks


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## Saartjie (Mar 1, 2010)

condorian said:


> After much emailing back and forth with the embassy. We go into the embassy to apply for a temp.res and a perm.res for my wife. Only to be told that I( south-african citizen) need to be earning an income in SA before the PR can be applied. In our emailing the embassy we got told that all that was required was for me to show a bank balance either there or here and/or an affidavit of support.
> 
> Has this changed? It now seems that i have to be working in SA first before i can bring my wife over.
> 
> ...


I have never heard of this before and I am sure it is incorrect. If you have been married (or in a spousal relationship) for five years or more than you apply for PR on that basis. Although I applied for PR in SA, we were told at the embassy in London that I could apply for PR from there (my husband was then working in London and not in SA). Legal Man can probably shed some light on this


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## condorian (Dec 9, 2009)

thanks for the reply. we just closed 5 years of marriage and this is why we waited this year to apply rather than last as was our initial plan.

Our email correspondence with the embassy said we could apply from outside SA. But on getting there it was the opposite.

Hopefully additional members on this forum can shed some light.

Thanks


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## Saartjie (Mar 1, 2010)

condorian said:


> thanks for the reply. we just closed 5 years of marriage and this is why we waited this year to apply rather than last as was our initial plan.
> 
> Our email correspondence with the embassy said we could apply from outside SA. But on getting there it was the opposite.
> 
> ...


If you look at the Permanent Residence application form that you will need to complete, at the back of the form there is a list of what documents/proof you need to submit depending upon under which section of the Immigration Act that you apply under. As you would be applying under the Spousal category which is section 26(b), it states that you need to supply (in addition to the usual documents that all applicants must supply) the following:

1. Proof that that applicant has been spouse of citizen for five years;
2. Declaration of support for the application by the spouse who is a citizen; and
3. ID document of the spouse who is the citizen.

The Declaration mentioned above is just an Affidavit that you do at any attorney's office where the SA citizen confirms that they support their spouse in their application for PR. 

Therefore, you do not need to have a job in SA for a spouse to apply for PR.

In any event it does not make sense that you have to have a job before application as you can apply for PR at any embassy. Such a restriction would mean that every spouse that applies for PR would have to be separated from their SA spouse as he or she would need to be working in SA whilst the foreign spouse awaits their PR. It sounds ridiculous just writing it.


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## LegalMan (Dec 26, 2012)

You can be the lowest beggar on the street and your wife can be too, but if you are a South African citizen, they cannot tell you that your wife can't stay in South Africa. It is her right.


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## condorian (Dec 9, 2009)

After having a "discussion" with the embassy.

We are both in europe right now. We CANNOT apply for permanent residence for my spouse from here. I have to be working in SA, i.e. earning an income in SA BEFORE we can apply for a permanent residence. Even though we have been married for 5 years.

And that is the final word from them.


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## 2fargone (Jun 14, 2011)

condorian said:


> After having a "discussion" with the embassy.
> 
> We are both in europe right now. We CANNOT apply for permanent residence for my spouse from here. I have to be working in SA, i.e. earning an income in SA BEFORE we can apply for a permanent residence. Even though we have been married for 5 years.
> 
> And that is the final word from them.


Have you tried printing off the requirements for the PR visa? And bringing this into the Embassy? I honestly don't know what to think about this I am just as shocked as Saartjie and Legal Man are.


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## LegalMan (Dec 26, 2012)

*Permanent residency application*



condorian said:


> After having a "discussion" with the embassy.
> 
> We are both in europe right now. We CANNOT apply for permanent residence for my spouse from here. I have to be working in SA, i.e. earning an income in SA BEFORE we can apply for a permanent residence. Even though we have been married for 5 years.
> 
> And that is the final word from them.


I can tell you that they are wrong. You can either fight them, or simply come to SA and apply here and wait for it to be finalised.


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## condorian (Dec 9, 2009)

Thanks for everyone's input. We will most likely apply for the temp.res. visa here
and then in SA the perm residence. 

One quick question. For the temp. res. visa for the air ticket is there any maxmium period in which you have to present yourself in SA? E.g. we want to apply for the temp.res.visa and for my wife to come down in 3 months time.

Thanks again.
c


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## 2fargone (Jun 14, 2011)

condorian said:


> Thanks for everyone's input. We will most likely apply for the temp.res. visa here
> and then in SA the perm residence.
> 
> One quick question. For the temp. res. visa for the air ticket is there any maxmium period in which you have to present yourself in SA? E.g. we want to apply for the temp.res.visa and for my wife to come down in 3 months time.
> ...


Hi 

I have TR and I havent heard of period you have to be in South Africa. If that is what you are asking. I don't think there is anything like that because it is TR.


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## condorian (Dec 9, 2009)

ok thanks


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## Saartjie (Mar 1, 2010)

condorian said:


> Thanks for everyone's input. We will most likely apply for the temp.res. visa here
> and then in SA the perm residence.
> 
> One quick question. For the temp. res. visa for the air ticket is there any maxmium period in which you have to present yourself in SA? E.g. we want to apply for the temp.res.visa and for my wife to come down in 3 months time.
> ...


Once your permit is granted it will already give you the dates for validity (usually 2 years). You can arrive any time during the time that the permit is valid as the start date and expiry are already set and not dependent upon arriving in the country. So to answer your question, yes your wife can arrive 3 months later, the only effect will be that three months of her permit have already been used up whilst not being in SA.


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## condorian (Dec 9, 2009)

Ok Thanks for the information.


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## yojimbo (Aug 3, 2014)

*please clarify*



Saartjie said:


> If you look at the Permanent Residence application form that you will need to complete, at the back of the form there is a list of what documents/proof you need to submit depending upon under which section of the Immigration Act that you apply under. As you would be applying under the Spousal category which is section 26(b), it states that you need to supply (in addition to the usual documents that all applicants must supply) the following:
> 
> 1. Proof that that applicant has been spouse of citizen for five years;
> 2. Declaration of support for the application by the spouse who is a citizen; and
> ...


The Declaration from spouse on the list of requirements for 26b. Is it a just freeform letter presented to embassy WITH my wife at the time of interview so they can witness signature or I need to use affidavit by spouse form BI1712a? This affidavit require a notary contract to be attached and I'm lost as of what it is. My interview in 10 days.Please help!!


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## Saartjie (Mar 1, 2010)

yojimbo said:


> The Declaration from spouse on the list of requirements for 26b. Is it a just freeform letter presented to embassy WITH my wife at the time of interview so they can witness signature or I need to use affidavit by spouse form BI1712a? This affidavit require a notary contract to be attached and I'm lost as of what it is. My interview in 10 days.Please help!!


If there is a form then why not use it as you know it will be correct. Whether you use a typed Affidavit or the form it will need to be sworn in front of a solicitor (assuming that you are in the UK) and in both cases your Affidavit should be notarized. The fact that you are going to use a foreign legal document (being an Affidavit sworn in the UK) and for this foreign legal document to be valid in South Africa it needs to be notarized by a Notary Public. It's quite expensive, when I did it 4 years ago it was something like 80 pounds for a page.


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## yojimbo (Aug 3, 2014)

*thank you*

The issue is that they do not demand this affidavit inexplicitly. They want a "declaration by spouse". Nowhere it says certified or notary. Affidavit mentioned in long list of additional documents which all "when applicable"without explanation when it is. The affidavit form Bi1712a have bizarrely 2 versions: one with "notary contract attached" and one which give only a choice between "unmarried/divorced/widowed person". Both are forms Bi1712a. I do not mind to pay for a notary, issue is that nobody now what kind of additional notary contract they actually want or do I need one in a first place. I guess I will find it on interview but it was such a pain to get there that I certainly trying to give them as little opportunities to reject application as possible. I hoped that somebody here had to do similar feat with PR application for a married partner and can share some experience.


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## Saartjie (Mar 1, 2010)

yojimbo said:


> The issue is that they do not demand this affidavit inexplicitly. They want a "declaration by spouse". Nowhere it says certified or notary. Affidavit mentioned in long list of additional documents which all "when applicable"without explanation when it is. The affidavit form Bi1712a have bizarrely 2 versions: one with "notary contract attached" and one which give only a choice between "unmarried/divorced/widowed person". Both are forms Bi1712a. I do not mind to pay for a notary, issue is that nobody now what kind of additional notary contract they actually want or do I need one in a first place. I guess I will find it on interview but it was such a pain to get there that I certainly trying to give them as little opportunities to reject application as possible. I hoped that somebody here had to do similar feat with PR application for a married partner and can share some experience.


My post above related to my own experience. The fact that they give you a choice between the types of Affidavits is because the application form is used within SA as well as outside SA. If you apply in SA a notarial contract is not required if you apply outside of SA a notarial contract is required. My husband had to have an affidavit sworn for my PR application. This Affidavit was prepared by my lawyer and was not the actual form. That is why I suggested that you use the form unless you have a lawyer acting on your behalf to ensure its right. A notary will be able to give you the notarial contract required. It is just a legal document that they sign and put their stamp on which is then attached to the Affidavit. 
Not sure what additional experience you require to answer your question. I have applied and received my PR and I am an English qualified lawyer. My only additional advice is that you do not turn up at the interview without all of your docs as they will not accept your application without everything in place.


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## LegalMan (Dec 26, 2012)

As usual, to avoid unhappy endings and to reduce the risk in any visa application, increase the evidence of your validity. So, include the affidavit.


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