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Dear all,

I am a guy who married my wife after I already got my PR. My wife is on an accompanying spouse visa. We have been married for 2 years and we have a 1 year old baby who is a SA citizen since its a kid between a PR and a non PR.

We have been contemplating applying for a PR for my wife but since its not yet 5 years we cant apply via the spouse route. Someone recommended that she could apply via the kid (Section 27g). I just wanted to check if technically its possible for us to use the kid (who is a citizen) so that the mum could apply for PR??

Many thanks in advance for your responses....
 

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Hi chidhumo
yes you can apply for PR through your child but remember that the child must be able to support the applicant, which is impossible

"23 Permanent Residence
...
(7) In the case of an application contemplated in section 25(2) of the Act in respect of a permanent residence permit contemplated in sections 26(c) and (d) and 27(g) of the Act, the citizen or permanent resident shall satisfy the Director-General that he or she is able and willing to support and maintain the foreign relative making the application."
 

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Dear all,

I am a guy who married my wife after I already got my PR. My wife is on an accompanying spouse visa. We have been married for 2 years and we have a 1 year old baby who is a SA citizen since its a kid between a PR and a non PR.

We have been contemplating applying for a PR for my wife but since its not yet 5 years we cant apply via the spouse route. Someone recommended that she could apply via the kid (Section 27g). I just wanted to check if technically its possible for us to use the kid (who is a citizen) so that the mum could apply for PR??

Many thanks in advance for your responses....
Hi chidhumo,

Unfortunately your wife wont qualify for permanent residency under section 27g, as your little one is only a year old.
However, have you been living together for longer than 5 years? You don't necessarily need to be married for 5 years, it can be a combination.
 

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Hi chidhumo, Unfortunately your wife wont qualify for permanent residency under section 27g, as your little one is only a year old. However, have you been living together for longer than 5 years? You don't necessarily need to be married for 5 years, it can be a combination.
Hi Legal man

An extract from your response to the article above "However,have you been living together for longer than 5 years?You don't necessarily need to be married for 5 years,it can be a combination".Please advise what do you mean by this?
 

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Hi Legal man

An extract from your response to the article above "However,have you been living together for longer than 5 years?You don't necessarily need to be married for 5 years,it can be a combination".Please advise what do you mean by this?
Hi Nomqhele,

If you have been living with your partner before marriage and the total amount of time that you have been together (relationship+marriage) is more than 5 years, we can apply under the category for permanent residency.
 

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Dear All.

If someone intends to appeal a negative outcome of a section 27g Permanent residence permit application,are there some grounds of appealing the decision or it's a totally waste of time and money as prospects of success or of having the decision reversed are slim.

Regards

Nomqhele
 

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Dear All.

If someone intends to appeal a negative outcome of a section 27g Permanent residence permit application,are there some grounds of appealing the decision or it's a totally waste of time and money as prospects of success or of having the decision reversed are slim.

Regards

Nomqhele

Hi have you received any outcome from VFS as yet ?
 

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VFS track and trace function states that my adjudicated application has been dispatched from the DHA to the VFS operation hub on 28/05/2015 @ 8:15:19 am and would be sent to the Visa Facilitation Centre shortly.
 

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VFS track and trace function states that my adjudicated application has been dispatched from the DHA to the VFS operation hub on 28/05/2015 @ 8:15:19 am and would be sent to the Visa Facilitation Centre shortly.
Wow great news guess you will collect sometime this week , does not take too long from the Hub to the branch off application :)
 

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Yes it's good news that my application has been finalized,but the fact that it was a section 27g application that is the problem,that is why l was asking the prospects of appealing the decision of an application of that type.We have seen a lot of section 27g applications coming with a negative result,that is my concern
 

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VFS track and trace function states that my adjudicated application has been dispatched from the DHA to the VFS operation hub on 28/05/2015 @ 8:15:19 am and would be sent to the Visa Facilitation Centre shortly.
Hi Nomqhele,

Dont be too negative about the possible outcome, you will never know for sure...:fingerscrossed:

When did you apply?
 

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Hi. Is your 27g also based on a minor? I applied for mine based on a 2 year old but now I hear those are all being denied. Eager to hear what your outcome was.

Also, like you just asked, it would be nice to hear from anyone who's successfully appealed a 27g rejection.
 

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Sorry for the typo,l mean't to say application received at VFS Johannesburg office on 25/06/2014 and received by the DHA for adjudication on 02/07/2014.
 

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Sorry for the typo,l mean't to say application received at VFS Johannesburg office on 25/06/2014 and received by the DHA for adjudication on 02/07/2014.
Hi Nomqhele,

Assuming your application was submitted on the basis of having an SA child under 18 and your application was submitted after the new regulations were introduced, there is a high chance it will be rejected. Please let me know the outcome.
 

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Sorry for the typo,l mean't to say application received at VFS Johannesburg office on 25/06/2014 and received by the DHA for adjudication on 02/07/2014.
Hi Nomqhele,

Assuming your application was submitted on the basis of having an SA child under 18 and your application was submitted after the new regulations were introduced, there is a high chance it will be rejected. Please let me know the outcome.
Hi LegalMan,

Have you guys heard from/of anyone successfully appealing these rejections (i.e. applications based on child below 18). Is it worth the hassle of appealing or are Home Affairs rejecting appeals too?
 

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Legal Man please can you shed more light on the 5years thing , a friend of mine is being with his wife for close to 5 years but they officially got married this year, what does the Home Affair need, please be reminded that the husband has never applied for a spouse visa before since he has a valid study permit for over 5 yrs,how do they now proof the 5years existence together, what do they need to do? Please shed more light.
 
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