Does my family need to have temporary visas first or can they just apply for permanent residency at the same time as me?

The long answer

In answer to this question: Can my accompanying family apply for permanent residence with me at the same time? Eisenberg.co.za. says the following: 

“Yes, as long as the applications of the whole family are submitted at the same time then the immediate accompanying family of foreigners applying for permanent residence may apply together. Should the applications not be submitted at the same time, the accompanying family will need to wait for the successful outcome of the main applicant’s permanent residence application to be in a position to apply for permanent residence as his or her immediate family. The foreign spouse of a permanent resident applicant is only eligible to apply for permanent residence having been espoused for at least 5 years.”

As a temporary residence permit has to be renewed online at VFS Global, 60 days before it expires, Intergate Immigration adds, “In the first instance, it is possible in most cases, for the individual to apply for permanent residency at the same time they apply for temporary residency. The Department of Home Affairs currently has a backlog of permanent residency applications and therefore the processing of these can take anywhere between 12 and 30 months. However, in many cases the permanent residency will be issued before the temporary residency expires, therefore negating the issue of an expired temporary visa.”

As you know, a temporary visa holder can apply for permanent residence after five years of staying in South Africa on the basis of a work permit. It is possible to apply for permanent residency (for which Form BI-947 must be completed) from outside South Africa as well as within South Africa.

But as Home Affairs says that the permanent residency permit “is also applicable to spouses and dependents of South African citizens/permanent residence permit holders” (my emphasis), it is not clear to me whether the accompanying family must first apply for temporary visas or not. To be on the safe side, perhaps it would be wise to take Intergate Immigration’s tip and apply for temporary visas for the family, as well as permanent residence for the whole family including the main holder of the temporary visa at the same time.

You could also consult the following organisations that have much experience in dealing with Home Affairs:

• The Scalabrini Centre of Cape Town at info@scalabrini.org.za, tel: 021 465 6433

• Lawyers for Human Rights at info@lhr.org.za Musina 0115 534 2203, Durban 031 301 0531, Pretoria 012 320 2943, Johannesburg 011 339 1960

• Legal Resources Centre at info@lrc.org.za in Johannesburg at 011 836 9831 and Cape Town at 021 481 3000

Wishing you the best,
Athalie