Residency? South African ID?

I am bit confused as in what to do next, here is my situation:

1. I am Colombian, with an exceptional skills work permit valid for 5 years, end date 2017.

2. Married in August 2012 to a South African.

Now, I would like to know when I am suppose to apply for a Permanent Residency or a Spusal visa? And if I need to also apply for a South African ID or Passport?

Let me know what are your experiences or how to manage it.

Thanks

Silvana

Hi Silvana

As you're on an existing skills permit, there's no need to change. In my and my wife's experience, each time she renews her temporary residence permit it's renewed for only two years by Home Affairs, so you're better off for now staying with what you have. You can't apply for an SA passport yet: that will only come after you've applied for a permanent residence permit after five years in the country.

When you are ready to convert your visa, just remember that there's a lot of paperwork you'll need:
- police clearances from every country you've lived since 18 (these can take months to apply for, especially the SA one)
- a doctor's clearance and X-rays (checks for TB)
- proof of employment
- a letter of support from your husband
Luckily because you're married to a South African, there's no application cost involved - small miracle to get anything for free!

Good luck and welcome to SA :)

Thanks Reillusioned!

Confusion gone! Paperwork wont be a problem, I am pretty sure the company is going to cover that for me when time comes.

Thanks again!

You're welcome Silvana. I think Home Affairs is so worried by illegal immigrants that anybody doing things completely by the book is a wonderful change for them - they granted my foreign wife a temporary residence permit when the UK rejected my application there. Go figure: SA's at least welcoming, even if applications do take about three months to process!

Reillusioned is not correct in that with an exceptional skills permit, you can immediately apply for permanent residency.

After you receive PR, you will need another 5 years before you can apply for a passport.

Lol, what would I know? My wife only has regular skills. Lucky Silvana.

Hahaha! :D

:D will check that, so far they've said that I still need to wait at least 2 years to apply for a permanent residency...

No, Silvana, this cannot be correct. You should find an immigration lawyer and find your best option to stay in South Africa.

I am in no hurry to leave SA, so far the company is very happy with my job (that's why they went to the trouble of bringing me in) and I believe my new husband is more that excited to have me around, so I don't think I'll be going anywhere for now.

But apparently they've requested an Immigration company and the answer was I have 3 options:

1)     Section 26 (a) – Permanent Employment – you may only apply for this category after a consecutive employment period of 5 years. 

2)     Section 27 (a) – Residence on other grounds, Quota Category

3)    Spousal Category – You would need to be married for 5 years

I thought it was too much, that's why I went on the forum to ask for personal advice...

Hi Silvana

Why do they recommend option 2 and 3 if you have an Exceptional Skills Work Permit? Are you sure you have this permit? What does your permit say exactly?

It sounds very strange.

I've got no clue, yes I am positive that's what the work permit says, initially it was a Quota Work Permit and when I applied for the extension they requested more documentation and gave me the Exceptional Skills valid for 5 years.

I don't really know what was the criteria that they gave the Immigration advisor...but that's what I was told.

It sounded weird to me, and again that's why I came to the forum looking for some answers, apparently every case is unique, and they take their time to evaluate and give options accordingly...I'm just an engineer I don't know about the rest!

With an Exceptional Skills Work Permit, you have no need to apply for a Spousal or Quota permit. You can simply stay and work in South Africa, or apply immediately for Permanent Residency. If your company is not willing to help, then you can utilise an immigration service.

Good luck!

As I said before I am in no rush, and I am doing exactly that...

Thanks

You are better off getting the Spousal permit while things are still rosy with your Husband. and most of all, its free. I have been in SA several times, and I know that things do change rapidmente.

She doesn't need a Spousal Permit if she has an Exceptional Skills Work Permit until 2017. When she is ready, she can simply apply for PR.

Yes, that's exactly what they have told me, don't need to worry until 2017! At least things do work with the permits the proper way, that's when you do everything the right way.
In the past week I've heard very sad stories, so I'm very glad things worked for me :)

Thank you all for your advice!

Ifi have been in SA. for over 10 years now, but was first on a study permit whilst studying here and then got a work permit (s) when i started working, what are the chNces of applying and getting. Residency permit or south african ID?

You can apply for Permanent Residency (PR) after having been in South Africa for 5 years, so your chances are excellent.