What is a Section 26 (B) Spousal Permit?
A Spousal Permit is Permanent Residency within South Africa. The Spousal Permit only allows the applicant to apply for their Permanent Residency and does not include family members however once you are a Permanent Residency holder your family may be eligible to apply for their residency through you.
Are you eligible for a Section 26 (B) Spousal Permit?
Should you be married to a South African Citizen/Permanent Residency holder for five or more years you are then eligible to apply for the Spousal Permit. Please note that you do not have to have been living in South Africa for the five years of your marriage, you will be eligible to apply for your Permanent Residency under the Spousal Permit regardless of where in the world you have lived.
Whilst VFS states on their website that Permanent Residency applications take 8 – 10 months we can realistically manage your expectations from the start and inform you that they are currently taking anywhere from 3 – 24 months to obtain an outcome.
It is important that whilst you await the outcome of your Permanent Residency application in South Africa that you ensure that your Temporary Residency visa does not expire before you receive the outcome. If your Temporary Residency is due to expire in this time you will have to submit a renewal which can be done no later than 60 days before your Temporary Visa is due to expire.
Frequently asked questions about the Section 26 (B) Spousal Permit?
Are there any conditions issued on my Permanent Residency?
Yes, please note that within the last 6 months of the second year of you having your Permanent Residency through your spouse you will have to confirm through Home Affairs that you are still married. Should you not do so your Permanent Residency may become null and void. Should you and your spouse separate within the first 24 months of obtaining your residency your Permanent Residency shall lapse.
Do I get a South African passport?
No, you will retain your foreign passport however will be given a Permanent Residency certificate which will allow you to apply for an ID Book. A Permanent Resident will have all rights of a South African Citizen except to vote.
Now that I have my Permanent Residency, can my family members apply?
Yes, now that you are a Permanent Residency, relatives within your first step of kinship are eligible to apply for Permanent Residency through yourself.
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