Expert Info

Posted by Leigh112
on 15 Oct 2018

Hi I have been in South Africa for 12 years now,I have a 9 years old son with my ex who did life partner permit for me.But now we are not together anymore but I’m taking care of my son and she’s threatening to cancel the life partner.I just applied for a permanent residence and it’s gonna take less than 2years I think but my life partner permit still exists.Please advice me on what to do at least for the sake of my son I want to remain here,will she be able to cancel it or will home affairs at least reconsider for the sake of my son.

Shantalie on 15 Oct 2018

Hi Leigh,

I am really sorry to hear about your situation.

The terms of your life partner permit are that you reside with the person listed on that permit. If the relationship does end you are supposed to inform the Department of Home Affairs and try to move onto another type of visa. So yes, your partner can cancel your visa. But I'm not sure exactly what the consequences are - in terms of how long you have before you'd be expected to leave the country so perhaps its best to ask a professional. 

As you do have a child together and you've been residing in South Africa for 12 years, this does make your situation slightly more complicated. Is your child a South African citizen? That may be good enough motivation for Home Affairs to grant you PR but I can't be sure so I would suggest contacting a reputable immigration lawyer for the best advice. They probably have more experience of such cases and can present the merits of your case in the best possible way. Many of the consultants/lawyers around will offer you a free initial consultation. 

Good luck

Shantalie

Leigh112 on 21 Oct 2018

Thanks for the advice,yes my child is a South African citizen.

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