Spousal visa - Work endorsement Help Please

[Saartjie]

Originally Posted by Joaschim

Hi Saartjie

Remember that immigration lawyers and immigration consultants deal with the same problems that you do. Nobody can control Home Affairs.

Assuming that the lawyer you used did everything correctly, these mistakes do happen, and with Home Affairs they happen a lot!

I would ask your lawyer for a complete copy of the application they submitted. There you will be able to see what they did. If the lawyer messed it up then demand that they redo it or demand a refund.

If you find that they did in fact complete the correct application, but the mistake happend with Home Affairs, then that is unfortunately another example of Home Affairs' inefficiency.

We immigration consultants and lawyers have the same problems with Home Affairs as you do. Multiply your frustration by the number of clients each of us have, and you can imagine what our work day looks like .

The difference is that those of us, who know what to do and who have the client's interest at heart, can pre-empt many mistakes, and we can make the necessary arrangements before hand. And of course we can quickly see where Home Affairs has meesed up, whereas often the applicant can tell the difference until it is too late.

Like I said, ask for a copy of your application from your lawyer and have a look at what they did. That should give you a good idea of who messed it up.

On the Permanent Residency, just to confirm that you have been in a relationship (or married) for 5 years. If not, then you do not yet qualify for Permanent Residency.

Regards,

Joachim

Hi Joachim,
I will ask for a copy of my application to see what happened for sure. It is however easy to assume that the mistake might be HA rather than the lawyer.

Been married for 5 years and 3 months and we have a daughter who was born here so she is South African. I am planning to apply for PR on the basis of my child being South African rather than my marriage as I understand it might simplify things slightly or am I wrong in thinking that?

Saartjie

Originally Posted by Saartjie

Hi Joachim,
I will ask for a copy of my application to see what happened for sure. It is however easy to assume that the mistake might be HA rather than the lawyer.

Been married for 5 years and 3 months and we have a daughter who was born here so she is South African. I am planning to apply for PR on the basis of my child being South African rather than my marriage as I understand it might simplify things slightly or am I wrong in thinking that?

Saartjie

Hi

As you have been married for over 5 years, it would not make a real difference.

The only difference would be that should you get a divorce, your eligibility ceases for Permanent Residency (and the Spousal Permit). It is not something one likes too think about, but I am just brainstorming here.

So, applying for Permanent Resicency on the basis of your child's status might be "safer" as that relationship will not change.

[Saartjie]

Originally Posted by Joaschim

Hi

As you have been married for over 5 years, it would not make a real difference.

The only difference would be that should you get a divorce, your eligibility ceases for Permanent Residency (and the Spousal Permit). It is not something one likes too think about, but I am just brainstorming here.

So, applying for Permanent Resicency on the basis of your child's status might be "safer" as that relationship will not change.

Ok, I see what you say. As planned I think I will apply on the basis of my child's status then. Feels like all I have been doing since arriving here is dealing with HA. Once all of this is sorted I will be a much happier woman for sure.

On a different note I managed to take a short cut with regards to my daughter's Un-Abridged Birth Certificate. Applied for it in December 2010 and was told the minimum waiting time was 5 months and I am still waiting for that one. Contacted the South African embassy in my country who agreed to help. Got a text from Home Affairs in Pretoria a week later and picked up the Certificate the next day. So you can get things done with a bit of imagination (and hard work).

[irishexpat]

Just to be sure my current application isn't a waste of time: If understand correctly, my current visa being a relatives visa shouldnt matter becase i have had to make a new application entirely. Not "work endorsement to" my spousal visa, but "spousal visa with work endorsement" which will replace any previous visa relative or spousal, have got that right?

Originally Posted by irishexpat

Just to be sure my current application isn't a waste of time: If understand correctly, my current visa being a relatives visa shouldnt matter becase i have had to make a new application entirely. Not "work endorsement to" my spousal visa, but "spousal visa with work endorsement" which will replace any previous visa relative or spousal, have got that right?

It does not really matter how you phrase it. As long as one stays away from the term "Relative's Permit".

[signol]

Hi there, yet another question for a British citizen married to a South African. We have a child who is dual national. We are considering moving (back) to SA. Am I right in thinking that the visa I will need is the Permanent Residency (Spousal)? In order to work, will I also need an additional "work permit" or is this allowed with the spouse permit?
Thanks!
signol

[Saartjie]

Originally Posted by signol

Hi there, yet another question for a British citizen married to a South African. We have a child who is dual national. We are considering moving (back) to SA. Am I right in thinking that the visa I will need is the Permanent Residency (Spousal)? In order to work, will I also need an additional "work permit" or is this allowed with the spouse permit?
Thanks!
signol

You can apply for a Temporary Residence Permit under the spousal category but if you do, make sure that is what they grant you so you dont (like me) end up with a Relatives permit which cannot be endorsed for work. The Spousal permit does not automatically entitle you to work. You have to get a job offer first and either include this with your original application or if you do not yet have a job offer, you can apply to have your Temporary Spousal visa endorsed at a later stage. From my very current experience though, if you can apply for the work endorsement straight away, that will save you a lot of trouble.

If your child has dual nationality you should be able to apply for permanent residence on the basis of your South African child. This will entitle you to work. My daugher is also dual and we are about to start my permanent residency application. The problem is that it takes a long time for this to be granted. Home Affairs told me the other day that the waiting time currently can be 24 months. As such, if you plan to come soon and want to work, your best bet would be to get your temporary residency (spousal) sorted first. Hope this helps.

[signol]

Originally Posted by Saartjie

You can apply for a Temporary Residence Permit under the spousal category but if you do, make sure that is what they grant you so you dont (like me) end up with a Relatives permit which cannot be endorsed for work. The Spousal permit does not automatically entitle you to work. You have to get a job offer first and either include this with your original application or if you do not yet have a job offer, you can apply to have your Temporary Spousal visa endorsed at a later stage. From my very current experience though, if you can apply for the work endorsement straight away, that will save you a lot of trouble.

If your child has dual nationality you should be able to apply for permanent residence on the basis of your South African child. This will entitle you to work. My daugher is also dual and we are about to start my permanent residency application. The problem is that it takes a long time for this to be granted. Home Affairs told me the other day that the waiting time currently can be 24 months. As such, if you plan to come soon and want to work, your best bet would be to get your temporary residency (spousal) sorted first. Hope this helps.

Thanks, that's very helpful. Our 5 year wedding anniversary will be October 2012 so plenty of time yet!

signol

[verybusymum]

Hi my son is living in cape town with his life partner and he is trying to get a job. He was offered a job , but did not have his visa endorsed for work. The company cannot wait 2-4 months for the process is complete. I have said surely this cannot take that long, but he went to the foreign affairs and they said yes it does! How will he ever get work, no one is going to keep a vacancy open for that long. Now he has lost his job!
Anyone got any advise for him please?

[Kimbasil]

I'm not sure, but I am under the impression that if the endorsement is on a spousal/ life partner visa then it should be processed within 30 days. (I know that this is not the case)
But with this in mind, if they don't refuse the work endorsement within 30 days then I think that you are ok to consider it approved and carry on working.
At least this is what I am going to do as I have had a job offer and am about to apply for my work endorsement.
Please feel free to tell me I am wrong if anyone knows otherwise.....I don't want to get into trouble!