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2014 Draft Immigration Regulations for Spouse and Life Partners - South Africa

Below you will find the latest Draft Immigration Regulations concerning Life Partner and Spousal Permits.

Permanent homosexual or heterosexual relationship

3.(1) An applicant for a visa or permit in terms of the Act who asserts in his or her application to be a spouse, as defined in section 1(1)(b) of the Act, must prove to the satisfaction of the Director-General that he or she is a spouse to a citizen or permanent residence permit holder in the manner set out in subregulation (2).

(2) An applicant contemplated in subregulation (1) must submit-

(a) an affidavit on Part A of Form 12 illustrated in Annexure A or a notarial agreement signed by both parties attesting-
(i) that the permanent homosexual or heterosexual relationship has existed for at
least five years before the date of application for a relevant visa or permit and
that the relationship still exists to the exclusion of any other person ; and
(ii) that neither of the parties is a spouse in an existing marriage or a permanent
homosexual or heterosexual relationship;

(b) in the case where such a party was a spouse in a previous marriage, any official
documents that prove the dissolution of such marriage either by divorce or the
death of the other spouse;

(c) documentation to prove-
(i) that cohabitation has been in existence for a period of not less than five years
prior to the application for a visa or permit; and
(ii) the extent to which the related responsibilities are shared by the applicant and
his or her spouse; and

(d) in the case of a relationship concluded between two foreigners in a foreign country, an official recognition of the relationship issued by the authorities of the relevant country.

(3) Both partners to a homosexual or heterosexual relationship must be interviewed separately, on the same date and time, to determine the authenticity of the existence of their relationship.

(4) An applicant contemplated in subregulation (1) who has been issued with a visa or permit must, after a period of two years from the date of issuing of that visa or permit, inform the Director-General whether or not the spousal relationship still exists by submitting to the Director-General an affidavit on Part B of Form 12 illustrated in Annexure A.

(5) An applicant contemplated in subregulation (1) who has been granted a visa or permit on the basis of the relationship must immediately inform the Director General when his or her relationship ceases to exist.

(6) The Director-General may, upon receipt of information contemplated in subregulation (5), withdraw the visa or permit issued on the basis of the existence of a permanent homosexual or heterosexual relationship.

(7) Whenever it appears to the Director-General that a visa or permit was acquired through error, misrepresentation, or fraud, the Director-General shall immediately withdraw the visa or permit and, where applicable, cause criminal charges to be laid against all parties implicated in the misrepresentation or fraud.

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