The Differences between a life a partner permit and a spousal permit!

Life Partner Permits

These permits are issued to people who are in serious relationships, where one person is a South African citizen or Permanent resident and they would like their partner to immigrate to SA. Common law marriage and two people who are living together would fall into this category.

It is necessary that you prove that your relationship is a long standing one, but there is no duration required when applying for this type of permit. A spousal permit is different. A sworn affidavit may be necessary and each case will be assessed according to the individuals involved.

Partners who do apply for a LPP may also qualify for Permanent Residence if they can prove that they have been in a serious relationship for more than five years. If a partner has been in the relationship for less than five years, they will need to apply for a Temporary Residence Permit, which can be renewed after three years provided that the relationship still exists.

There are a few advantages of getting a LPP. Anyone who is issued with this type of permit does not need to apply for a Business or Work permit if they plan to work or conduct any type of business in SA. An endorsement is made to the LLP, which allows the holder to be part of economic activities in South Africa.

Homosexuals are treated in the same manner as heterosexual couples with regards to Life Partner Permits.

Spousal Permits

South African immigration legislation states that any person who is married to a South African citizen qualifies for PM in the country. If you are looking into immigrating as a married couple, speak to an immigration expert, who will be able to give you all the correct information.

A spouse will only qualify for PM if the couple can prove that their marriage is in fact valid. A marriage certificate will be needed and the relationship must have existed for at least five years upon application. Spouses who have been married for less than five years may need to apply for a Temporary Residence Permit in the beginning.

The same rules apply to Spousal Permits where work and business permits are involved. The permit will also be endorsed, allowing the holder the freedom to conduct business or work in South Africa.

According to the Constitution of South Africa, it is illegal to discriminate against homosexual couples, and homosexual relationships are therefore treated in the same way as heterosexual relationships for the purposes of the Spousal Permit.

By Robbie Ragless