South Africa -- Life Partners Temporary Residence Visa

I am currently in South Africa on a student visa. My boyfriend and I are very serious and very much in love! We started seeing each other in July 2013. I want to get a temporary residence visa. I am not planning on staying here after it expires, but I do want the option of returning soon (since I will be in a relationship with someone from SA, and either way I now have an emotional connection with the country). 

With the new immigration law, I have to apply for a new visa 6 months before it expires. Mine expires in November 2015. So I have to apply by May.

Also, to be eligible as a 'life partner', you need to be together for 2 years.

By July-August of 2015, it will be 2 years (we have no official anniversary). But I need to apply about 2 months before that date, according to the new immigration law.

If I do not apply by the deadline, I can't get a visa to South Africa for 5 years!! This is obviously not okay with me...

How can I make this work? Will I be able to apply before the deadline, but have them consider the application after two months so that our relationship will officially be 2 years?

Please help me out.

Hello leesochka

Welcome to Expat.com

Hope that somebody will soon be able to help you.

Do you have to bring proof to show that you have been together for two years? I mean, how would they figure out exactly how many years you have been together?  :/

Regards
Kenjee
Expat.com team

Well, I arrived in July. There is proof of that (visa, ticket, study-abroad program duration). We met in our dorm. So there is proof that we lived in the same place. I can also get a bunch of character witnesses who will attest to our relationship. I really have plenty of proof, really. The only issue is that there is no way that I can argue that our relationship began before July -- since I haven't even been in the country yet!

Since I need to apply at least 2 months before July/August, there is an issue. It needs to be 2 years, and it'll only be 2 years in July/August.

Thanks for the support :)

leesochka wrote:

Well, I arrived in July. There is proof of that (visa, ticket, study-abroad program duration). We met in our dorm. So there is proof that we lived in the same place. I can also get a bunch of character witnesses who will attest to our relationship. I really have plenty of proof, really. The only issue is that there is no way that I can argue that our relationship began before July -- since I haven't even been in the country yet!

Since I need to apply at least 2 months before July/August, there is an issue. It needs to be 2 years, and it'll only be 2 years in July/August.

Thanks for the support :)


Can you change your application in South Africa from student to Life Partner?

I'm taking a shot in the dark here, but since DHA takes three - four months to process applications anyway, you might be able to get away with the two month gap. Do you have proof of shared financial responsibilities?

That's the plan. The problem is that our relationship will not be the required two years at the application deadline. I will need another two months.

He is supported by the state, and I am supported by my mother. We do pay for each others' expenses at times. I definitely have proof that I paid for some of his things -- I don't know about the contrary. I can get some receipts from now on, though. It shouldn't be that big of a problem.

Do you think I can specifically ask them to review my application after two or three months?

Not sure, to be honest, but think you might have some issues with the life partner status. Since this is the visa the most often abused, you need to be "living a relationship akin to marriage" for two years. Ie - in the same house, under the same roof, paying for things in the house, etc.

While you might be boyfriend and girlfriend, it's not seen like that in the application. Somebody with more knowledge of it might be able to answer you better, I'm just speaking from my hours and hours and hours of research I've done to make sure we've got the right stuff for our application. Feel free to PM me if you want to have a chat.

We have been living together pretty much since we met. We spend pretty much all day together, and I'm going to meet his family next month in Eastern Cape (I already met his mom and siblings here in the city). I have paid for his courses, spectacles, clothes, food, etc. He rarely pays (he doesn't have much), but has paid for clothing in the past.

Aside from children, we really do live like a married couple...we share everything and intend on staying together indefinitely.

If you have any tips, please let me know! Thanks.

From an evidence perspective, my best advice is get a paper trail. Leases, cohabitation agreement (I can send you a template if you PM me) bills in both your names, accounts in one person's name (phone account for instance) with the other one paying, etc. Anything like that. 

My partner and I were in a similar situation, we postponed our application (we're going on Friday) because of the two-year rule, but we're applying in the UK and applications are processed faster here.  Hopefully somebody can advise you on the gap in processing in SA.

Thank you! That's very helpful.

You'll also need a notarial agreement. Which sounds far more intimidating than it is. Google will help you.

leesochka wrote:

I am currently in South Africa on a student visa. My boyfriend and I are very serious and very much in love! We started seeing each other in July 2013. I want to get a temporary residence visa. I am not planning on staying here after it expires, but I do want the option of returning soon (since I will be in a relationship with someone from SA, and either way I now have an emotional connection with the country). 

With the new immigration law, I have to apply for a new visa 6 months before it expires. Mine expires in November 2015. So I have to apply by May.

Also, to be eligible as a 'life partner', you need to be together for 2 years.

By July-August of 2015, it will be 2 years (we have no official anniversary). But I need to apply about 2 months before that date, according to the new immigration law.

If I do not apply by the deadline, I can't get a visa to South Africa for 5 years!! This is obviously not okay with me...

How can I make this work? Will I be able to apply before the deadline, but have them consider the application after two months so that our relationship will officially be 2 years?

Please help me out.


Sorry for missing this thread until now.

Firstly, the new law dictates you must apply before 60 days are left on your current visa.
Secondly, yes, you can apply before that date. The new law requires you, like any country's visa laws, to submit proof in various ways.

Hi,

May I ask what you mean with if you don't apply in time you have to wait 5 years?

Also, I am also now on a study permit and want to apply for a LPP. However, multiple people at Home Affairs have informed me I MUST apply in my country of origin? Haven't they told you this?

Anne