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Section 11 (6) holders - when to apply for permanent residence

Posted by Sue-Allan Mehl

As a Section 11 (6) holder and foreign spouse of a South African citizen or Permanent residence holder – we are here to advise that you need to apply for permanent residence in terms of Section 26 (b) within three (3) months from the date when you qualify.

This simply means that as soon as you are five (5) years married or in a spousal relationship for five (5) years, you qualify to apply for permanent residence.

To quote the Immigration Act of 2002 as amended –

‘the holder of such visa shall apply for permanent residence contemplated in section 26 (b) within three months from the date upon which he or she qualifies to be issued with that visa’.

We further wish to reiterate that ‘shall’ mentioned in the Act means it must be done – otherwise the Act would have made use of the term ‘may’ leaving this as an option for applicants.

Should you require assistance with your permanent residence application, please contact us via our Contact Form on www.movingsouthimmigration.com. Alternatively, we may be reached on +2773 5357 534 or [email protected]

We look forward to hearing from you.


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