Representation During Permanent Residence Application?

The good news is that my foreign wife (I'm South African) is finally ready to apply for her Permanent Residency in South Africa, but unfortunately Home Affairs' page on the process (http://www.dha.gov.za/index.php/immigra … -residency) isn't clear.

Q: What does the 'representation' requirement entail in practice?
"In order to make an application for a permanent residency permit, applicants must first submit representation to the Minister of Home Affairs motivating why he or she should be declared not to be a prohibited person or an undesirable person ... Once you have received a positive response from the Minister of Home Affairs, you may submit an application for either a Direct Residency Permit or a Residency-on-Other-Grounds Permit."

We've got no clue, and Home Affairs' call centre didn't either (!). Is this an affidavit accompanied by police clearances and a letter of support, and submitted through a Home Affairs' office? Please help!

It's simply part of your application in the form of a questionnaire.

That's pretty tantalising, but where does one get hold of this questionnaire? Also I find it strange that Home Affairs' website is so explicit about all applications needing this permission from the Home Affairs, and yet you say it's in the form of a questionnaire. That doesn't follow ... come on Home Affairs!

Ah, apologies. I've re-read your initial question which I answered in a hurry. The "representation" is simply your police clearance certificate.

Thanks for that, but it still doesn't clear up the main question: if it is only about a police clearance, is this submitted in a preliminary phase at a Home Affairs office, and if so why not with the rest of the application documents like usual (e.g. when renewing a Temporary Residence Permit)? It just doesn't make sense.

The legislation quoted above clearly states "Once you have received a positive response from the Minister of Home Affairs, you may submit an application for either a Direct Residency Permit or a Residency-on-Other-Grounds Permit."

I cannot see any logical reason for this - obviously it's going nowhere near the actual Minister of Home Affairs, so why introduce an extra phase around a standard police clearance certificate, which is always submitted as part of other applications anyway.

Sorry if this is me being dense, but I haven't seen it explained anywhere else online.

Things like this are exactly why people should use the services of a South Africa immigration lawyer. Applying for a permit or visa is a legal application.

In short, you simply submit the police clearance together with the application. The "positive response" happens at the same time as they check the application.

Reillusioned wrote:

It just doesn't make sense.


You are looking for reason and logic from a government agency that abhors reason and logic.

Reillusioned, did your wife ever get the permit with that method of just using the police clearance? I'm about to start the process with my husband (US citizen), but we've only been married 4 1/2 years. I wonder if that's long enough.

Hi Alie30 ... in the end we unfortunately couldn't submit her application because we hadn't been married the full five years, so we had to wait until this year (we'll be doing the submission in a few months), so we just ended up renewing her Temporary Residence Permit again.

I'm pretty sure it would just be the police clearance certificate as explained above, but whether you'll have any more luck with 4.5 and not the full five years is to be seen. Let me know, I'll be interested how that goes!