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Immigration - Life Partner Permits South Africa |
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Life Partner Permits
Life Partner permits can be more difficult to obtain than spousal permits due to the burden of proof that must be presented with an application. In modern society many couples chose not to get married but just live together as a couple.
Often the deciding factor for a South African intending to return home is how can their life partner join them and reside in South Africa on a temporary or permanent basis. These are life changing decisions which are often made more stressful due to the lack of correct information. It is vital to make the correct choice
The links below provide more information in regards to applying for a Life Partner permit for South Africa.
General Overview of Life Partner permits
What is a life partner?
What is a Life Partner permit?
How do I prove a life partner relationship?
Who should apply for a Life Partner permit?
How old must we be?
How long is the permit valid for?
How long must we have been married for?
Can I apply for temporary and permanent residency?
Can my foreign Life partner take up employment?
Can my foreign Life partner set up a business?
Can my foreign Life partner study?
What is an endorsement?
Where should I apply?
Where can I get further information?
How do I get professional help?
Life Partner South Africa – General Overview
Applications for Life Partner permits are taken from foreigners who are in permanent relationships with citizens and permanent residents of South Africa. They allow the foreign partner to enter into South Africa and have the opportunity to work, study or run a business.
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What is a life partner?
A life partner is someone who is in a permanent and monogamous relationship, it could be said that in all but the law the same as a married couple.
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How do I prove a life partner relationship?
This varies according to each couples situation but typically it would be showing proof of living together, shared finances and proof of the relationship via affidavits and photographical evidence. Home Affairs does reserve the right, and also does put this into practise, to investigate the applicant to ensure they are indeed in a permanent, monogamous relationship to prevent abuse of this type of permit.
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What is a Life Partner permit?
A Life Partner permit, often referred to a Life Partner visa, is permission from the Government of South Africa, Home Affairs Department, to legally enter and stay in South Africa. Foreign partners of South Africans cannot simply stay in South Africa purely on the basis they are in a relationship with a South African and must ensure they get the appropriate permit (Life Partner permit) which is entered into their passport.
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Who should apply for a Life Partner permit?
Applications are accepted by the foreign life partners – both heterosexual and same sex couples, It is essential the correct permit is applied for and issued especially in the event that the life partner wishes to work, study or set up a business.
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How old must we be?
No age stipulations are in place, however, generally speaking, you must be over 18. The length of time that the permit is issued for (temporary residency) may be influenced by the age of the couple.
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How long is the permit valid for?
Applications receive no guarantee as to the length of time that a permit will be granted for. It is typical for an applicant to be granted a 2 or 3 year period but it can be for just one year.
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How long must we have been together for?
Life Partner permits application do not stipulate a time period that the foreign partner must have been together with the South African citizen or permanent residency holder.
If less than 5 years, it does it effect the applicants ability to apply for permanent residency.
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Can I apply for temporary and permanent residency?
Applications for temporary residency can be made no matter what time period you have been together for, however, in order to apply for permanent residency the permanent relationship should be for at least 5 years.
Due to the length of time permanent residency can take (2 years plus), most situations require for temporary residency to be applied for.
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Can my foreign partner take up employment?
There are many common misconceptions around this issue, the main two being:
- Yes, once in possession of a Life Partner permit the applicant may work.
- That life partners are not able to work unless they obtain a life partner permit
The holder of Life Partner permit is not able to work purely on the basis of having this permit. Before commencing work an endorsement is needed to the Life Partner permit that is specific to that employer.
Many rumours circulate that foreign partners are simply unable to get work because employers must advertise the position, prove no South African is available to carry out the role and a number of other requirements. This is not the case. Life partners are entitled to work and there is no need for anything other than an endorsement to their Life Partner permit to enable this to legally happen.
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Can my foreign life partner set up a business?
As per the above question on life partners being able to work, the Life Partner permit alone is not enough to enable the life partner to legally set up a business. An endorsement must be obtained giving permission to do so.
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Can my foreign life partner study?
An endorsement is required to enable the holder of a Life Partner permit to study.
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What is an endorsement?
An endorsement is not a permit or visa, but simply an endorsement to an existing permit. This endorsement allows the holder to carry out a specific activity in accordance with the endorsement – for example work, study or set up business.
Endorsements are very specific, for example a work endorsement is tied to a specific employer, not just a general trade. If moving jobs, then a new endorsement would have to be obtained.
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Where should I apply?
Applications can be made at certain consulates abroad or can be made on arrival in South Africa at Home Affairs.
It should be noted that the time and efficiency of the processing varies greatly around the world and experience has shown that applications made in South Africa tend to be processed quicker. Some consulates do not always issue life partner permits.
Endorsements should be applied for in South Africa.
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Where can I get further information?
Further information is available here
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How do I get professional help?
Professional help can be sought from registered immigration practitioners. Intergate Immigration assists 100’s of returning South Africans and their foreign partners each year.
If you wish to contact Intergate please use the links below:
Request a call back
E-mail your enquiry
Online Eligibility Form
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