Good Day,I am a South African citizen. M...

Asked by Candice on 04-10-2022 18:28:36
Question posted in the Immigration Law category relating to Western Cape

Good Day,

I am a South African citizen. My life partner is an American citizen. We have been together for two years in a conjugal relationship, but he currently lives in USA and I currently live in Canada.

Specifically, I was considering moving back to South Africa and what the requirements would be to bring him with me as my spouse and be able to get South African perm any residency for him. What we have been able to find online says that the marriage or spousal relationship needs to have subsided for 5 years. It also says that earth kinship also qualifies for residency rights. My questions are: what qualifies as a spousal relationship? Is it only legal marriage that qualifies, or is there some type of common law or declaration or a commitment ceremony that is not legal marriage that would qualify?  Also, the early Kinship. Does that mean early stages of legal marriage only and how early can the kinship be for the partner to qualify for permanent residency?

Thanks so much 

If you would like to view the entire answer, you will need to either login or register a FREE account.

Disclaimer

DISCLAIMER: Advice or answers from Lawyers on South African Legal Advice are not substitutes for the proper advice of an Lawyer. South African Legal Advice is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Lawyer who assists with your question is not your Lawyer, and the response above is not to be considered to be legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains. The responses above are from individual Lawyers, not South African Legal Advice. The site and services are provided “as is”. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service.