Great Info about Spousal Permit and Work Endorsement

Saartjie · #1 (**permalink**) 7th January 2013, 07:33 AM

Hi Guys,

Just wanted to share something which might be of interest to anyone who is applying for a Spousal Permit with Work Endorsement.

As you know the usual 'problem' with a SP work endorsement is that it is job specific so if you need to change jobs then you must get a new endorsement and therefore make a whole new application.

I have found a way around this, sort of, and wanted to let you know so if you are in the same position as I was then you could try to do the same.

I had a work endorsement for my previous employer (that application took about 10 months). I was offered a new job which I really wanted to take so I decided to take the chance and quit my old job and applied for a new endorsement for my new job. The thing was that my new employer wanted me to start asap and since my previous application had taken so long I was really nervous that this new application was going to take the same amout of time which would mean that my new employer would not want to wait for my permit to come through which would mean that I would sit with no job and a permit for an employer who no longer wanted to employ me.

I spoke to my immigration lawyer who was dealing with my application and they suggested that rather than making the application for the specific employer we would instead make the application for my 'field of work'. So instead of inserting the employer and supplying an employment contract etc, all they did was stating that I wanted a work endorsement to work in the following fields (which covers my new job and any other job that I might want to do in the future should I need to change employer): Legal/Finance/Banking/ Real Estate.

The above permit has now been issued to me with the above work endorsement. I have started the new job so I did not need to look for another one but should I need to get another job (not that I intend to do this voluntarily as I love my new job) then I do not need to make another application as my work endorsement will still be valid provided that I stay within the same line of work which is rather wide so allows a lot of flexibility.

All Home Affairs asked upon application was if I was qualified to work in all the areas stated and as I could evidence my qualifications which degrees and work experience, it was not a problem.

So, I hope the above can help someone as every application to HA is such hard work, and if you can avoid going back there every time that you need a work endorsement this can only be good.

Obviously the above relates to a TR so when the same expires (in two years time) I will need to renew like everyone else although I sincerely hope that my PR will have come through by then (its been 14 months since I applied now).

If anyone wants any more information about the above, let me know.

Hope everyone has had a lovely holiday.

Saartjie

LegalMan · #2 (**permalink**) 7th January 2013, 01:41 PM

Yes, this is correct, congrats!

Just be aware that if the Home Affairs representative is fully alert, you may not be able to get away with this. Also, as Saartjie mentions, you may also be asked to provide some sort of proof of your abilities.

On a side note, Saartjie, if your PR has taken that long to arrive, have you checked that it hasn't been lost?

Saartjie · #3 (**permalink**) 8th January 2013, 05:53 AM

Quote:

Originally Posted by LegalMan

Yes, this is correct, congrats!

Just be aware that if the Home Affairs representative is fully alert, you may not be able to get away with this. Also, as Saartjie mentions, you may also be asked to provide some sort of proof of your abilities.

On a side note, Saartjie, if your PR has taken that long to arrive, have you checked that it hasn't been lost?

Yes I totally agree that one must be careful. I would probably go as far as saying you should only make this kind of application if you are assisted by an immigration lawyer or immigration company/expert who knows how to state your case.

With regards to my PR, my lawyers are dealing with it and as far as they are aware it has not been lost (although this is always a possibility) but as the waiting time when I applied was stated to be up to 2 years I have kind of settled down to just wait for it. As I now have my TR until Dec 2014 I don't feel too stressed about it.

LegalMan · #4 (**permalink**) 8th January 2013, 10:46 AM

Hi Saartjie

That sounds fine. Yes, it can take 2 years, but I notice that it never takes that long if you follow up and have applied correctly. The longest I have experienced is 15 months.

The main thing is to use lawyers and not immigration practitioners. Should I make a post on this topic?

Jujube · #5 (**permalink**) 8th January 2013, 12:11 PM

Hi LegalMan,
I would be interested to hear why you're recommending a lawyer instead of immigration practitioner? Does that have anything to do with delay or follow-up?

Saartjie · #6 (**permalink**) 8th January 2013, 12:44 PM

Quote:

Originally Posted by LegalMan

Hi Saartjie

That sounds fine. Yes, it can take 2 years, but I notice that it never takes that long if you follow up and have applied correctly. The longest I have experienced is 15 months.

The main thing is to use lawyers and not immigration practitioners. Should I make a post on this topic?

I totally agree with you that you should use immigration lawyers rather than practitioners. I am a lawyer myself (although not immigration specialist) so I guess I am a bit biased but from experience, most immigration lawyers focuses on the law and applies their knowledge of the same whilst practitioners focuses on their fees but have no knowledge (I might be generalising here but that's my experience).

I actually did speak to my lawyers after your post this morning just to reassure myself and they sent me confirmation from HA that my application is being dealt with. Apparently it is taking slightly longer because HA are determining whether to grant my PR on the basis of my marriage or on the basis of me being the mother of a SA citizen. I don't really care which one they grant (although I think the marriage one is indefinite until marriage breakup whilst the parent one expires when my daughter turns 21 in about 19 years). Hopefully it will be granted soon...

I think a post would be really useful here as I know a lot of people are in the same boat and have a lot of questions.

kate.ewert · #7 (**permalink**) 11th January 2013, 10:35 AM

hi all,
i just wanted to clarify if i could ... so i have just applied for my spousal visa, but have since been offered a job; 2 questions . should i go to HA immed and ask them to change my application to one with a work permit or should i wait til i have my spousal permit in hand? and if I want to do this field of work thing (which seems much more sensible I didnt realise that you had to change the permit with each now job!) do i just go to HA with my letter of offer of employment and is the field of work bit just a box to check on the form?
thanks ... sorry if i am asking silly questions!
Kate

LegalMan · #8 (**permalink**) 11th January 2013, 09:24 PM

Hi Kate

It's not at all that simple. The "field of work" permit sounds like the Quota Work Permit, and is much, much more than just ticking a box. I'd need a lot more information to advise you correctly, but it would seem that if you have a contract of employment, and if you need to start as soon as possible, then you should apply for a Work Endorsement immediately.

MishSA · #9 (**permalink**) 31st March 2013, 06:47 PM

WAIT?! So If we are applying for TR my husband does not need to make a employee specific endorsement???!!!!!!!!!!! OMG! This would be FANTASTIC! Please please please let me know how we can do this?! His field is Marketing & Operations. He has 8+ yrs experience and a Masters in Business. If I get him an offer letter from my sisters company stating that he will be doing Marketing then can I apply for the industry specific endorsement, enabling him to go and apply for marketing jobs once we are in SA? We are applying from India.

MishSA · #10 (**permalink**) 31st March 2013, 07:15 PM

Quote:

Originally Posted by LegalMan

Yes, this is correct, congrats!

Just be aware that if the Home Affairs representative is fully alert, you may not be able to get away with this. Also, as Saartjie mentions, you may also be asked to provide some sort of proof of your abilities.

On a side note, Saartjie, if your PR has taken that long to arrive, have you checked that it hasn't been lost?

Please could you contact me regarding this? I would love to find out how to do this as we are apply for TR next week!