PERMANENT RESIDENCE - mandatory to be married 5+ years? - South Africa forum

Alie30

Member

Member since 06 April 2015

Washington

Alie30

06 April 2015 22:33:28

Alie30

06 April 2015 22:33:28

Washington

I am a South African citizen, married to an American and we live in the US. We've been married 4 1/2 years and I was wondering if he can apply for permanent residence based on section 26(b) for spouses. Nowhere in the instructions or on the application does it state that we have to be married for 5+ years, but I've read it on some of the blogs.
Can someone clarify this for me? Thanks!!

andreas.cpt

New member

Member since 09 July 2011

Cape Town

andreas.cpt

13 April 2015 10:46:13

andreas.cpt

13 April 2015 10:46:13

Cape Town

I'm pretty sure 5+ years is mandatory. When I applied we weren't married for 5 years and I've got my permit only because we are having kids together and therefore I do have SA relatives. The entire application process took 4 years!
Not sure this helps but if you don't have kids together you rather assume 5+ is mandatory.

Cheers
Andreas

tebogo86

New member

Member since 05 March 2014

Johannesburg

tebogo86

25 May 2015 13:31:35

tebogo86

25 May 2015 13:31:35

Johannesburg

You know this one trumps me too! I believe it's from regulation 3 (1) of the Act (separate document. It's the one that was amended last year June). Problem is originally (old regulations) said 5 years here, amended regulations say 2 years. But vfs and dha seem to be intent on disregarding this.

Anyway, hope that helps you!

PERMANENT RESIDENCE - mandatory to be married 5+ years?

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