Permanent Residence — spouse of citizen or permanent resident for five years (section 26(b))

(b) has been the spouse of a citizen or permanent resident for five years and the Director-General is satisfied that a good faith spousal relationship exists:

“spouse” means a person who is a party to - (a) a marriage as defined in this Act; or (Paragraph (a) of the definition of “spouse” substituted by section 2(k) of Act 13 of 2011) (b) a permanent homosexual or heterosexual relationship as prescribed;

26(B) REFERS TO A SPOUSE OF A SA CITIZEN/PERMANENT RESIDENT

Declaration of support for the application by the spouse who is a citizen Yes No or permanent resident.

If the spouse is a permanent resident, a copy of his or her permanent residence permit must be submitted.

Proof that applicant has been spouse of citizen or permanent resident for Yes No five years.

Identity document of the spouse who is the citizen or permanent Yes No resident.

(h) the documents relating to the applicant’s marital status or spousal relationship contemplated in regulation 3(2);

Marriage certificate, or extract All married applicants or parties from marriage record/Proof of to a spousal relationship. registration of customary marriage in terms of Recognition of Customary Marriages Act, 1998 (Act 120 of 1998), where applicable/Spousal affidavit. Documentary proof of cohabitation and extent to which the related financial responsibilities are shared by the parties.

the applicable application fee

medical and radiological reports

(1) An application for a permanent residence permit contemplated in section 25(2) of the Act shall be made on Form 18 illustrated in Annexure A and shall be submitted by the applicant in person.

(1) The holder of a permanent residence permit has all the rights, privileges, duties and obligations of a citizen, save for those rights, privileges, duties and obligations which a law or the Constitution explicitly ascribes to citizenship.

Provided that such permanent residence permit shall lapse if at any time within two years from the issuing of that permanent residence permit the good faith spousal relationship no longer subsists, save for the case of death;

(6) A foreigner contemplated in section 26(b) of the Act who has been issued with a permanent residence permit shall, within the last six months of the second year following the issuing of that permit, avail himself or herself for an interview at any office of the Department.