Belgian guy engaged to a South African girl

Hpn New member

Member since 20 June 2013

HpnNew member20 June 2013 09:35:26

Hello,

I am a Belgian guy engaged to a South African girl. I'm trying to figure out how I have to arrange my move to South Africa in the best possible way but my head is spinning of all the different kind of information I get. Even official authorities keep giving me different info and the contactperson of the SA embassy in Brussels is arrogant and not really a help, can't even ask questions cause she is the one talking and I only have to listen according to her. Unfortunately I don't know if I can believe all what she is saying cause she is always comparing with her move to Belgium 10 years ago. Erm... I'm not moving to Belgium, right?!

I've read a lot of interesting things on this forum, but it also got me confused Because first I read about the old law where you could apply for a permit being in SA, then I read that post of Joachim about the new law where you can't apply in SA anymore but only in your country of residence, but then I still see people posting that they applied in SA.

Anyway, let me quickly talk about my situation:

I'm going back to South Africa beginning of September and would like to stay there permanently then. I'm engaged with a SA girl, we marry in SA on 25/01/2014 and I also already bought a house and a car in SA. Since I was still living in Belgium we weren't officialy living together yet, I only stayed at her place when I visited her.

According to that woman of the SA embassy in Brussels this would be the problem to apply for a permit when being still in Belgium. I can give them all necesaary documents (you know the drill, medical, police, ...), but I'm not married yet neither did we live officialy together yet. So according to this woman they won't grant me a permit. According to her I first have to go back to SA with my international passport (as a Belgian I can stay 90 days without Visa and extend it with another 90 days) and since I will be there "permanently" then I will be able to prove that we are living together officialy. First I will stay with her at her rented place, but as soon as we can move to the house I bought of course we will move to the house, this will probably be the case in October.

So my questions are:

- Is it true I won't stand a chance applying for a permit in Belgium?

- If that is the case, can I apply for a permit in SA (so what about that new law Joachim was talking about?)

- If I travel without a permit as a "tourist" I would need a returnticket. This is a bit ridiculous since I want to stay in SA with my fiancee and I'm not planning to return if it's not necessary. Is there another way?

- If it's possible to apply in SA, what is best for me to do? Apply already before marriage for a Life Partner Permit or to wait until after our marriage? If I extend my first 90 days with the extra 90 days I could stay until after the date of marriage anyway. Or any other suggestions?

My only concern is not get into trouble to enter SA or having problems when being in SA. So how do I have to arrange it?

Thank you already for who can give me the right information

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stu12344 Member

Member since 24 March 2013

stu12344Member20 June 2013 19:58:30

Hi

I am no expert. However through my research I have found that you can.

apply in your current place of residence for a temporary residence permit under the life partner option - in person or special delivery post,this takes up-to 30 days to process.

Now seeing as you are not yet married you would need an affidavit - You might have to contact an immigration solicitor who will advise you on how this can be done with your and your partner being in different countries.

I would suggest a second option as well. - gather all the supporting evidence you can now for your temp permit application. go to sa on the tourist visa, get married and then apply in sa for the temp resi permit whilst on the tourist visa.

option 3 go to a visa specialist company and they will walk you through it all taking all the worry out of it but costing a few bucks.

Either way you biggest issue right now is proving your 'life partnership' over come that and you will be having a braai in no time.

keep me posted on how you get along!

Hpn New member

Member since 20 June 2013

HpnNew member22 June 2013 14:45:15

Thanx for your answer Stu!

Applying in Belgium before I leave would be most easy and most fast. But like I said, every time I phone or mail I get that same arrogant contactperson that made it clear they won't grant me anything without being married or living together. It's a bit difficult to already live together if you still have to move of course... And that's just what we want to do now, live together in our house and getting married. But apparently it's better to get married fast just for the papers than to do it for the right reasons and in the right way. Guess we are too romantic

So indeed the plan was to go with my international passport now for 3 months, and then extend it overthere for another 3 months. Then I could still see wether to apply before or after marriage, cuz those 6 months were long enough to stay until after marriage. But now somebody of Home Affairs emailed me the law will change within 2 weeks and I won't be able to extend my 90 days anymore...

Speaking of your option 3. If you know somebody capable, please do tell me. I've been in contact with some companies and lawyers and everry time I wondered if they knew what they were talking about. They all were telling different things

If I have to buy a returnticket anyway another option is to go now for 3 months, return for a short while to Belgium again and do my apllication in Belgium in this short period cuz then I will be able to proof that we are already living together in SA.

Anyway, going to contact the SA embassy again next week and demand somebody else to talk to, not that terrible woman

Grz

ImmigrationSouthAfrica Serial expat

Member since 14 August 2010

ImmigrationSouthAfricaSerial expat27 June 2013 06:29:13

206

You should definitely be able to apply for a Life Partner Permit, which is a type of Relative's Permit on the Home Affairs forms. The fact that the embassy SA Mission Representative doesn't know this is shocking.

You have another option - apply at another SA Mission in Europe. A quick flight or drive to Holland or Germany would allow you to apply.

But the person above is right - pay for a consultation (mostly free) from an immigration LAWYER company. That way you'll have all the right info.

Hpn New member

Member since 20 June 2013

HpnNew member28 June 2013 08:11:33

Hey, thanx for your answer!

I know I can apply, but SA Embassy in Brussels said I should be married first or actually live together. I contacted Home Affairs and they say the same. Meaning I should apply in SA after I moved permanently.

Wouldn't be too much of a disaster if I was only concerned about me being able to stay in SA. But then there's my container with my belongings that needs te be shipped. With a permit it's no problem, I'll pay no taxes on it to get my belongings into SA. But without a permit it's a disaster, I can pay up to 45% taxes on the worth of my container which is crazy.

If I read here how long it can take for Home Affairs to actually grant a permit, that means if I'm unlucky I would have to store my things for months and go live in an empty house as long as I don't have my permit. And that's not all. Your fiancee also has her furniture and belongings you would say. Yes and no... Last month she had a burglary in her rented house in cape Town and half of her stuff was stolen...

So actually my biggest problem is that I need a permit soon to get my stuff into SA without having to pay crazy taxes.

Regards