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Immigration Act, 2002 (Act No. 13 of 2002)

Regulations

Immigration Regulations, 2014

3. Permanent homosexual or heterosexual relationship

 

(1) An applicant for a visa in terms of the Act who asserts in his or her application to be a spouse, as defined in paragraph (b) of the definition of spouse in section 1 of the Act, must prove to the satisfaction of the Director-General that he or she is a spouse to a citizen or permanent residence permit holder in the manner set out in subregulation (2).

 

(2)        An applicant contemplated in subregulation (1) must submit—

(a) a notarial agreement signed by both parties attesting that—
(i) the permanent homosexual or heterosexual relationship has existed for at least two years before the date of application for a relevant visa and that the relationship still exists to the exclusion of any other person ; and
(ii) neither of the parties is a spouse in an existing marriage or a permanent homosexual or heterosexual relationship;
(b) an affidavit on Part A of Form 12 illustrated in Annexure A, confirming the continued existence of the permanent homosexual or heterosexual relationship;
(c) in the case where such a party was a spouse in a previous marriage, any official documents that prove the dissolution of such marriage either by divorce or the death of the other spouse;

(d)        documentation to prove—

(i) the financial support to each other; and
(ii) the extent to which the financial and other related responsibilities are shared by the applicant and his or her spouse; and
(e) where applicable, in the case of a permanent homosexual or heterosexual  relationship concluded between two foreigners in a foreign country, an official recognition of the relationship issued by the relevant authorities of the country concerned.

 

(3) Both partners to a permanent homosexual or heterosexual relationship may be interviewed separately, on the same date and time, to determine the authenticity of the existence of their relationship.

 

(4) An applicant contemplated in subregulation (1) who has been issued with a visa must, after a period of two years from the date of issuing of that visa, inform the Director-General whether or not the permanent homosexual or heterosexual  relationship still exists by submitting to the Director-General an affidavit on Part B of Form 12 illustrated in Annexure A.

 

(5) An applicant contemplated in subregulation (1) who has been granted a visa on the basis of the permanent homosexual or heterosexual relationship must immediately inform the Director-General when his or her relationship ceases to exist.

 

(6) The Director-General may, upon receipt of the information contemplated in subregulation (5), withdraw the visa issued on the basis of the existence of a permanent homosexual or heterosexual relationship.

 

(7) Whenever it appears to the Director-General that a visa was acquired through error, misrepresentation or fraud, he or she shall withdraw the visa and, where applicable, cause criminal charges to be laid against all parties implicated in the misrepresentation or fraud.

 

[Regulation 3 substituted by regulation 3 of Notice No. R. 1328, GG 42071, dated 29 November 2018]