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Changing jobs on a life-partner permit with work endorsement

I'm on a life-partner permit in South Africa (received in June) with work endorsement which states I am allowed to work with my current employer. I need to leave this job for various reasons and have been for a few good interviews. I have tried calling the VSF office to see what the process is to change the work endorsement but they were very unhelpful, telling me I need to select an appropriate visa on their website and apply online. There is no mention on their website of changing work endorsement as far as I can see.

I have been told that it should just be a case of taking along a new offer of employment or contract to the VSF office and they will process the change in a few weeks, rather than applying for an entirely new visa. Does anyone know if this is the case, or what other documentation they would require in addition to a new job offer? And also how long the process will take?

Many thanks for your help.

Dear Sir/Miss;
I am going to move is SA for work.
Could you please tell me how could I take permit job?
this is my e  m a il :****
BR
Narag

RSAG :

I'm on a life-partner permit in South Africa (received in June) with work endorsement which states I am allowed to work with my current employer. I need to leave this job for various reasons and have been for a few good interviews. I have tried calling the VSF office to see what the process is to change the work endorsement but they were very unhelpful, telling me I need to select an appropriate visa on their website and apply online. There is no mention on their website of changing work endorsement as far as I can see.

I have been told that it should just be a case of taking along a new offer of employment or contract to the VSF office and they will process the change in a few weeks, rather than applying for an entirely new visa. Does anyone know if this is the case, or what other documentation they would require in addition to a new job offer? And also how long the process will take?

Many thanks for your help.

No, it does definitely mean that it is a new application altogether.

Call DHA helpline 0800601190 and ask how to change condition on your permit and what documents you need. I was told I just need the contract, my current visa and passport copy but confirm with with the helpline,

Then all you need to do is Go on VFS and when choosing your type of application choose temporary residence visa, then sub category Trv- change exsiting condition, then  relative Visa (spouse) . and the rest is easy. it took me sometime to figure out because no one wants to share this information.

Good Luck and let me know if you need more help. you may want to know how to receive money in south africa from abroad. check out my link askjeannuke.com

Thank you so much. I called again and the VFS office told me something similar this morning, but also that I would need proof that my relationship still exists, together with the new work documentation. I can prove my relationship still exists but do you have any idea what documentation will suffice - a signed affidavit from my partner to say we are still together?

Have you applied now successfully? And are you on a life-partner visa with work endorsement?

Look forward to hearing. Many thanks again!

Just remember that your visa type will change from a Relative's Visa to a Visitor's Visa (Section 11[2]).

Thanks. At what point? When I submit the application or if/when I get the new work endorsement? I already have a work endorsement on life-partner visa but just need to change it to a new employer. Doesn't that mean I am already on a visitors visa?

Many thanks

@ RSAG I am married on a Relatives Permit as a Spouse and i have not started the process yet. The affidavit forms you need are as follows:

- Form BI-1712A  http://www.sami.co.za/Forms/BI_1712A_Fo … idavit.pdf (go straight to Part B)

http://www.southafrica-newyork.net/home … tners.pdf. (if you already have a notarised agreement between you and your spouse you dont need this one)

- Letter of support from your spouse ( this must have your passport number and must be signed by you partner)

In addition to the forms above these documents can help prove that you are still partners:

1. documentation proving cohabitation (lease agreement with both your names, sharred bank account, or utilty bill with both your names on it. I cant think of any other document the DHA will recognise)

2. documentation showing the extent to which the related financial responsibilities are shared by the parties (joint bank account is the only thing I can think of)

@ ImmigrationSouthAfrica I thought it was section 11(6).

@ RSAG your status as a spouse does not get taken away your condition just gets changed to say that you are employed with your new employer. just like the visa you currently have.

Thank you this is really helpful and reassuring. We got a notarised agreement in March 2013 to state we were in a relationship for our initial application. Are you sure we just need to complete Part B of form BI-1712a, and not part A too?

We can also submit the affidavit for life-partners (the 2nd link you sent) I guess, to be sure, together with our current lease and joint bank accounts and a letter from my partner including my passport details.

My fear would be that if they rejected it for any reason that my current visa would be deemed invalid, but it is reassuring to hear that this can't be taken away.

Can I ask how you found all this out? I have been searching for information but have been finding it extremely difficult!

Thanks again!

PArt B is to prove your relationship still exists and PArt A is if you are applying for the first time. You could take both forms in but the quality control will tell you which forms you need or not. Also when you schedule an apointment on VFS it tells you the documents to bring. Though their info is not in detail you will know if you missed anything. What I do is take as many supporting documents as possible. If they dont need it they tell you and they dont take it.

I know all this because I was in a tough situation and at risk of being declared undesirable earlier this year and did everything possible to avoid being away from my wife (then girlfriend). Long story cut short Everything I'm sharing I learnt from home affairs officials, the dha helpline, and research on the internet as I tried to solve my problem . The dha helpline is very very helpful. It takes time for them to figure things out but they do. They telll you what documents you need and what visa you need and will answer further queries. You can even ask them to call you back if you are low on airtime.

VFS on the other hand is not allowed to advise clients on what kind of visa they should apply for and their information is very limited. Their job is to only collect your documents and issue your visa. So dont waste your time with them if you want detailed advise. Call the dha helpline and explain your situation clearly and let them explain to you until you understand.

Please share your outcome when you sort out your Visa. It is realy helpful to many who are searching for similar advise on the internet.

Il psot my progress once mine is sorted.

When you call the dha helpline dnt forget to take your reference number at the end of the call. It realy comes in handy should you have a problem down the line in relation to your first call.

A few more things:
- Downloading forms and using them is very, very risky. Home Affairs officially stated this year that they do not allow this.
- Changing jobs means a full new Work Endorsement (Section 11[2]) application.

@ ImmigrationSouthAfrica. True it even says so on their website.

But these forms are supporting documents and also serve as affidavit. Normally you would go to VFS and they provide the form during the appointment if you have the incorrect form at the quality control booth. Best to have them to save you time running around. Plus the affidavit is specified on the VFS checklist once you schedule your apointment. They wont let you hand in incorrect material.

one mistake I made in my first post. the sub category on the vfs application is  Visitor Visa- Section 11(6) and not Trv (Spouse)

http://www.vfsglobal.com/dha/southafric … _Visa.html

jeannuke :

one mistake I made in my first post. the sub category on the vfs application is  Visitor Visa- Section 11(6) and not Trv (Spouse)

http://www.vfsglobal.com/dha/southafric … _Visa.html

Here are all the requirements http://www.vfsglobal.com/dha/southafric … _Visa.html

@immigrationsouthafrica

ImmigrationSouthAfrica :

A few more things:
- Downloading forms and using them is very, very risky. Home Affairs officially stated this year that they do not allow this.
- Changing jobs means a full new Work Endorsement (Section 11[2]) application.

The correct visa is section 11(6) and not 11(2)

http://www.vfsglobal.com/dha/southafric … 20_act.pdf (look for section 11(2) in this document for more detail)

http://www.nwivisas.com/south-africa/wo … 9-permits/

That's wrong:

- 11(6) allows for you to live with your spouse.
- 11(2) allows you to work.

ImmigrationSouthAfrica :

That's wrong:

- 11(6) allows for you to live with your spouse.
- 11(2) allows you to work.

please read the last bullet point here and confirm http://www.vfsglobal.com/dha/southafric … Visa.html. I have read through the act and 11(2) is a Short Term Work Visa 30 - 90 days for modelling agencies and similar kind of workers workin in RSA for validity period of 30-90 days.

Check page 12 of this doc https://www.vfsvisaonline.com/DHAFOSOnl … eSupport=1

jeannuke :
ImmigrationSouthAfrica :

That's wrong:

- 11(6) allows for you to live with your spouse.
- 11(2) allows you to work.

please read the last bullet point here and confirm http://www.vfsglobal.com/dha/southafric … Visa.html. I have read through the act and 11(2) is a Short Term Work Visa 30 - 90 days for modelling agencies and similar kind of workers workin in RSA for validity period of 30-90 days.

Are you really referring to the Immigration Act? To be sure, are you reading the Immigration Act No 13 of 2002, amended by the Immigration Amendment Act No 13 of 2011? Are you reading the updated version in the Government Gazette 36715 dated 29 July 2013? Perhaps you are looking at the regulations published on 26 May 2014 and not the Act?

11.   Visitor’s Visa
....
(2)  The holder of a visitor’s visa may not conduct work: Provided that the holder of a visitor’s visa issued in terms of subsection (1) (a) or (b) (iv) may be authorised by the Director-General in the prescribed manner and subject to the prescribed requirements and conditions to conduct work.
....
(6)  Notwithstanding the provisions of this section, a visitor’s visa may be issued to a foreigner who is the spouse of a citizen or permanent resident and who does not qualify for any of the visas contemplated in sections 13 to 22: Provided that—
(a)    such visa shall only be valid while the good faith spousal relationship exists;
(b)    on application, the holder of such visa may be authorised to perform any of the activities provided for in the visas contemplated in sections 13 to 22; and
(c)    the holder of such visa shall apply for permanent residence contemplated in section 26 (b) within three months from the date upon which he or she qualifies to be issued with that visa.

The link you give shows me a blank webpage with the words: "The system cannot find the file specified."

delete the 33 dots that appear after visitor: http://www.vfsglobal.com/dha/southafric … _Visa.html

it should be after www. it shud be vfsglobal.com/dha/southafrica/Visitor_Visa.html

I read the 26 May 2014 document. Im having a look at the July 2013 doc now

Looks like, as in many places on that website, a mistake!

Well the  the DHA helpline also advises to select subcategory Visitors Visa Section 11(6) on the vfs online application.

@ immigration sa

jeannuke :

Well the  the DHA helpline also advises to select subcategory Visitors Visa Section 11(6) on the vfs online application.

Could they both be wrong??

Ha! I am wrong and humbly say so. I was confused by your wording and thought you wanted the "visitor's work visa" only, but Section 11[6]b is what you and VFS mean.

Hi jeannuke,
I have just received my relatives visa. I'm interviewing and looks good. But seems I'll have about 3 weeks to change my visa to visitors (work authorised). Doing it via VFS might take 6-8 weeks. Do you know if it'll help applying through SA high commission in Swaziland (my country of origin). the turnaround time in Swaziland is much faster but have read that you need to apply from South Africa so I'd like to be sure what's best so I can inform recruiter that this could take much longer - risk losing this great job :-( :'-( please advise. Do you think home affairs will be honest if I asked them this? Cause I think they'd advise VFS since they probably are told/force to suggest them. Thanks

I am in a similar position to the original post i.e. I have a visitors visa which allows me to 'reside' with my spouse and conduct work for my particular employer. I now want to change job but am struggling with how to go about changing my visa. My first phone call to DHA gave me the same information as above - i.e. fill in 11 (6) and get a copy of my current visa and new job offer. But VFS said I needed a new application entirely with all the necessary documents. Called DHA again and they said the same (i.e. gave me different information from my first call). Does any one have any advice?  Do I really need to make a new application including waiting for a new police clearance certificate?

Hello CamillaAd,

The thread is old, but I think there might be some answers if you look at the older posts.

Check also in the forum categories topics like > Information on visas in South Africa

It might be helpful,

Thank you,

Marjorie

Hello everyone,

I was wondering if anyone have dealt with the following situation: basically, I just want to resign from where I work now, but I am not sure if have to reapply for a new visa (without endorsement) which I see as a change of one of the conditions to my visa.

More specifically, I am on a visitor's visa with work endorsement but due to family circumstances I am thinking of resigning. I am not looking for a new job at this point. I suppose that technically this would be a change of a condition to my current visa, i.e. "while working at the company X".  The first condition "residing with SA spouse" remains in force though. I did my research and note that the Act provides the following regarding the change of status/change of conditions:

"(a) Subject to this Act, a foreigner, other than the holder of a visitor's or medical treatment visa,
may apply to the Director-General in the prescribed manner to change his or her status or terms and conditions attached to his or her visa, or both such status and terms and conditions, as the case may be, while in the Republic."

So, I understand that because I am technically on visitor's visa (section 11(6) of the Act), I am excluded from applying for a change of the condition "while in the Republic." Or am I wrong? Then the Act goes on:

"(b) An application for a change of status attached to a visitor's or medical treatment visa shall not be made by the visa holder while in the Republic, except in exceptional circumstances as prescribed." 

So, does this mean that a person on visitor's visa is only required to go overseas and change the status (which is not what I assume that I am doing) and NOT the conditions. 

As a result, I do not see how I am supposed to change the condition if I cannot do this while in SA but I am not expressly required to do that by going overseas.  Perhaps I am misreading all this.

Further, the relevant exceptions do not shed the light and do not seem to apply to spouses of SA citizens (who are on visitor's visas with work endorsement). 

I suspect that this is just bad drafting, and it would be absurd to require a spouse who just wants to quit the current job to go abroad and change the conditions (while spouses of business visa holders are excepted). 

Have anyone been in a similar situation?  I only found an article by some local immigration lawyer outlining the problem.

I would appreciate any insights.

M.

Go to an attorney and and complete a life partner contract.

Prior to our marriage we completed one in  2012 for an attorney fee of R 600.

May be considered costly but it is a solid and unquestionable document.

Hi MIJ,
Could you please let me know what you ended up doing in your situation of changing the work condition of your visa?

MIJ :

Hello everyone,

I was wondering if anyone have dealt with the following situation: basically, I just want to resign from where I work now, but I am not sure if have to reapply for a new visa (without endorsement) which I see as a change of one of the conditions to my visa.

More specifically, I am on a visitor's visa with work endorsement but due to family circumstances I am thinking of resigning. I am not looking for a new job at this point. I suppose that technically this would be a change of a condition to my current visa, i.e. "while working at the company X".  The first condition "residing with SA spouse" remains in force though. I did my research and note that the Act provides the following regarding the change of status/change of conditions:

"(a) Subject to this Act, a foreigner, other than the holder of a visitor's or medical treatment visa,
may apply to the Director-General in the prescribed manner to change his or her status or terms and conditions attached to his or her visa, or both such status and terms and conditions, as the case may be, while in the Republic."

So, I understand that because I am technically on visitor's visa (section 11(6) of the Act), I am excluded from applying for a change of the condition "while in the Republic." Or am I wrong? Then the Act goes on:

"(b) An application for a change of status attached to a visitor's or medical treatment visa shall not be made by the visa holder while in the Republic, except in exceptional circumstances as prescribed." 

So, does this mean that a person on visitor's visa is only required to go overseas and change the status (which is not what I assume that I am doing) and NOT the conditions. 

As a result, I do not see how I am supposed to change the condition if I cannot do this while in SA but I am not expressly required to do that by going overseas.  Perhaps I am misreading all this.

Further, the relevant exceptions do not shed the light and do not seem to apply to spouses of SA citizens (who are on visitor's visas with work endorsement). 

I suspect that this is just bad drafting, and it would be absurd to require a spouse who just wants to quit the current job to go abroad and change the conditions (while spouses of business visa holders are excepted). 

Have anyone been in a similar situation?  I only found an article by some local immigration lawyer outlining the problem.

I would appreciate any insights.

M.

***
Hi MIJ,
Could you please let me know what you ended up doing in your situation of changing the work condition of your visa?

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