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No. Generally, applications for a Life Partner Visa should be submitted to a South African embassy or consulate in your home country. While a Constitutional Court ruling in 2019 allowed some long-term visa holders to change their status from within South Africa, this does not apply to individuals on a standard tourist/visitor's visa. You must hold a valid long-term visa (e.g., a work or study visa) to apply from within South Africa.

A basic temporary Life Partner Visa (also known as a Relative Visa) does not automatically grant you the right to work, study, or conduct a business. However, you can apply for an endorsement to your visa, which will grant you these rights. This involves providing relevant documentation like an employment offer, proof of business registration, or a school acceptance letter.
 

No, the requirements for Life Partner Visas and Permits are the same for both same-sex and heterosexual couples, provided they can prove a genuine and committed life partnership.

Yes, your South African partner generally needs to demonstrate that they can financially support you. There's a prescribed minimum income threshold (currently ZAR 8,500 per person per month) unless the applicant is the spouse of a South African citizen or permanent resident.

Processing times can vary significantly. For a permanent Life Partner Permit, it can take up to two years or even longer. Temporary Life Partner Visas may be processed faster, but delays can occur. It's crucial to apply well in advance and keep your current visa status valid if you are residing in South Africa.

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Life Partner Permit Application 

Navigating Your Future Together - Life Partner Permit Applications in South Africa

At VDM Attorneys, we understand that building a life with your partner often involves navigating complex immigration processes. If you are in a genuine and committed relationship with a South African citizen or permanent resident, a Life Partner Visa or Permit offers a pathway to live together in South Africa. Our team is dedicated to providing expert legal guidance and support to ensure a smooth and successful application process.
 

Understanding the Life Partner Relationship

A Life Partner Visa or Permit is designed for individuals who can demonstrate a true, long-term partnership with a South African citizen or permanent resident. The Department of Home Affairs requires proof that your relationship mirrors that of a marriage, involving shared commitment, mutual support (both emotional and financial), and a clear intention for the partnership to be permanent.

Key Relationship Requirements for Eligibility

  • Genuine & Permanent Relationship Your partnership must be a true, ongoing commitment, not merely a casual association.
  • Cohabitation You must provide compelling evidence of having lived together. For a temporary Life Partner Visa, this typically requires proof of cohabitation for at least two years prior to application. For a permanent Life Partner Permit, this extends to at least five years.
  • Shared Financial Responsibility You must demonstrate mutual financial support and shared responsibilities within the relationship. Opening a joint bank account and providing evidence of shared expenses (e.g., utility bills, lease agreements) are highly recommended. Your South African partner may also need to show evidence of financial support, with a minimum income of ZAR 8,500 per person per month (unless you are the spouse of a South African citizen or permanent resident).
  • Exclusion of Third Parties The relationship must be exclusive and not involve any third party.
  • Good Character & Health The applicant must be of good moral character, free from criminal history (evidenced by police clearance certificates), and in good health (supported by recent medical and radiological reports).
  • Notarial Agreement A formal notarial agreement outlining the terms and permanence of your life partnership is a crucial document.

The Application Process: Step-by-Step Guidance

Applying for a Life Partner Visa or Permit involves meticulous preparation and adherence to strict procedures:

1. Comprehensive Document Gathering
A complete and accurate set of supporting documents is paramount. This includes:

  • Your valid passport (with at least two blank pages and validity for 30 days beyond your intended stay).
  • A fully completed application form (BI-1738).
  • Proof of Relationship - Detailed evidence of your genuine and enduring relationship, including:
    • Affidavits from both partners confirming the spousal relationship.
    • A notarial agreement of your life partnership.
    • Comprehensive evidence of cohabitation (e.g., joint lease agreements, utility bills, correspondence to shared address).
    • Statements from joint bank accounts and other proof of shared financial responsibilities.
    • A letter of support from your South African partner.
    • Evidence of having met in person (not just online).
  • Financial Support Documentation Proof of financial support from your South African partner, demonstrating the prescribed minimum income (if applicable).
  • Police Clearance Certificates From every country where the applicant has resided for 12 months or more during the past five years since the age of 18.
  • Medical and Radiological Reports Recent reports (not older than 6 months from issuance) confirming your health status.
  • Original identity documents of the South African partner.
  • If applicable, valid finalized divorce papers from any previous marriages for either partner.

2. Application Submission
Generally, applications for a Life Partner Visa are submitted to a South African embassy or consulate in the applicant's home country.

  • Important Note on In-Country Applications Following a Constitutional Court judgment on 28 June 2019, foreign spouses or children of South African citizens or permanent residents are now permitted to change the status of their long-term visas from within South Africa. However, this does not apply to individuals on a standard tourist visa; you must hold a valid long-term visa to apply from inside South Africa.

3. Potential Interview
The Department of Home Affairs may conduct interviews with both partners, separately and together, to verify the authenticity and permanence of your relationship. While the involvement of Visa Facilitation Centres (VFS) has changed some procedures, the Department of Home Affairs retains the right to request an interview at any stage if doubts arise about the relationship.

4. Processing Times
Processing times can vary, and it is important to plan accordingly. The Department of Home Affairs may take up to two years to process a Life Partner Permanent Residence Permit application. If immediate relocation is desired, applicants should consider applying for a temporary visa first.

Types of Life Partner Status & Their Benefits

South African immigration law distinguishes between a temporary Life Partner Visa and a permanent Life Partner Permit:

1. Life Partner Visa (Temporary Residence)

  • Eligibility Proof of at least two years of cohabitation and shared financial responsibility with a South African partner.
  • Stay Duration Typically granted for two to three years, with options for renewal from within South Africa. We advise applying for renewal at least 20-24 weeks before your visa expires.
  • Endorsement for Activities A significant benefit is the ability to apply for an endorsement to your visa, granting you the right to work, run a business, or study in South Africa. This "change of status" from a Relative Visa to a Spousal Visa with added rights can be done from within South Africa, provided you have an acceptance letter from a school, an offer of employment, or a business plan.

2. Life Partner Permit (Permanent Residence)

  • Eligibility Proof of at least five years of continuous cohabitation and mutual financial responsibility with your South African partner.
  • Benefits Granting permanent resident status provides nearly the same rights as a South African citizen, except the right to hold a South African passport or to vote in national elections. It offers long-term stability and full integration into South African society.

Ultimately, the Life Partner Visa serves as a crucial pathway to permanent residency, allowing you to live with your partner in South Africa, enjoy family unity, and progressively gain more freedom for employment and business ventures as your relationship milestones are met. The requirements for same-sex and heterosexual couples are identical.

Why Choose VDM Attorneys?

The application for a Life Partner Visa or Permit is complex and requires meticulous attention to detail. Any missing documents or inaccuracies can lead to significant delays or even rejection. Our experienced immigration law team at VDM Attorneys offers:

  • Expert Eligibility Assessment We help you determine the most appropriate application category and assess your eligibility.
  • Thorough Documentation Compilation We guide you through the intricate process of gathering and preparing all necessary documents, ensuring compliance with Department of Home Affairs requirements.
  • Strategic Application Submission We provide clarity on where and how to submit your application effectively.
  • Ongoing Support Our consultants offer continuous support from initial assessment through to final approval, anticipating challenges and assisting you at every stage.

Let VDM Attorneys be your trusted partner in securing your future together in South Africa. Contact us today for a comprehensive consultation.