New Immigration Act of South Africa suggests major amendments to the Life Partner Permit | Notice Feb 2014
On February 26, 2014 / Leave a comment
Immigration Act South Africa 2014 changes – Life Partner Permit/Visa South Africa – Blog Series Part 1
The South Africa Life Partner Permit has always been a good visa option for couples not yet married. With the new proposed Immigration Act of 2014, this option might no longer be available for couples in the honeymoon phase.
The amendments to the Immigration Act of South Africa have long been awaited. Draft Immigration Regulations, were published recently (14. Feb 2014) and affect most visa categories. We at Initiate Immigration will detail all the relevant changes in a series of blog posts. (Please sign up for our social media updates to stay in the loop). The first amendments we will explore are those to the life partner permit/visa application.
With regard to the new updated Immigration Act, some major changes pertaining to the life partner permit for South Africa have been introduced. The life partner permit was always a convenient option for partners of South African citizens or permanent residents who didn’t believe in marriage, or were simply not ready to marry. Previously, foreigners immediately qualified for a temporary life partner visa. The suggested amendments require proof of five years cohabitation. This means that foreigners who choose not to marry their South African citizen or permanent resident partner need to produce proof of five years’ cohabitation before qualifying for a life partner permit. Proof of cohabitation can be in the form of a lease agreement or a bond payment. At this stage it is uncertain if, once issued, the applicant needs to wait another five years before qualifying for permanent residency, or if the applicant can apply for both permits at the same time.
The amendments to the Immigration Act of South Africa further suggest that existing life partners of South African citizens and permanent residents will not be able to renew their temporary life partner visa should they be unable to prove five years’ cohabitation.
Previously, foreigners applying for the life partner visa had to be accompanied by their partner when they went to the Department of Home Affairs to submit the application. The new Immigration Act of South Africa suggests that both partners will be interviewed at the same time in separate locations so that the authenticity of the relationship can be assessed.
In addition, there have been publications suggesting that some nationalities might not be permitted to apply for a life partner permit in South Africa or at an embassy in their home country. There are some embassies and consulates that have always refused to issue a life partner permit to a citizen wanting to accompany a loved one to South Africa. An example is the South African embassy in Germany. In the past life partners would bypass this regulation by applying for the life partner permit in South Africa. There has been some discussion around this. In order to get on the same page, life partner visa applications might in the future be rejected in both South Africa and Germany. In this case if you are a German citizen the only way you will be able to join your loved one in South Africa is through marriage.
Please note that in order for the suggested amendments of the Immigration Act to take effect, public comment still has to take place. The new closing date for public comments is the 7. March 2014. More information on how to comment on the suggested changes of the Immigration Act of South Africa, please click the link provided. If you are affected by the suggested changes, we would encourage you to submit your comments. The more public comments the better.
It appears that 1. April 2014 is the cut-off date for life partner permit applications governed by the old law. If you are a foreigner in a relationship with a South African citizen or permanent resident, and would like to apply for a life partner permit, please contact us to discuss your individual situation. We will be happy to advise you.
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