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Permanent Residency / Contravention of Immigration Act 2002

Permanent Residency / Contravention of Immigration Act 2002

Old Oct 11th 2007, 4:07 pm
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Unhappy Permanent Residency / Contravention of Immigration Act 2002

Hi All

I have a question for you, although I'm 99% certain that I know the answer, but I could be in trouble if I'm wrong.

The Facts:

I'm British
Moved from UK to Cape Town in year 2000.

Applied for Permanent Residency based on the following:
[COLOR="Blue"]
My boyfriend is South African born and lives in Cape Town.

In 2000, you could apply for Permanent Residency based on having a relationship with a South African based on that relationship being long term which is called a "Life Partnership". Note "Life Partnership" not "Marriage".

To apply and be granted residency under this condition, you have to prove that the relationship is real etc etc, involving letters, photos, and everything else being provided by our friends and family, and submitted to the Immigration Department.

It took 5 years, plenty of interviews, and the amount of money that is required by The Dept of Home Affairs, - for the application to be granted on a "Temporary Visa".

The stipulations for the temporary to be granted as permanent were that for the next 2 years, my relationship with my "Life Partnership" continued.

After the required 2 years, we had to have yet another interview with Dept of Home Affairs was to prove that the relationship was still intact and as far as we were concerned, would continue as life partnerships.

So in 2005, having proven the continuing relationship, I was granted full Permanent Residency and was issued with an ID Book.

The required Continuing relationship was now no longer a stipulation.

The Reason for this Question:

Today, driving from Scarborough to Cape Town (40 min drive) I was pulled over by the cops and an Immigration Official.

All my documentation was requested and so I gave them my licence, my UK Passport and my South African ID.

Now, the Immigration official asked if I was married to a south african, and I said no, because I'm not. She then said that I was in Contravention of the Immigration Act of 2002 - basically she was saying that due to me not being currently married to a south african based on the "life partnership" thing, then I was no longer legally a permanent resident.

I have one of the top Immigration Laywers in Cape Town - so my knowledge is based on him, and home affairs.

So, I think that she is wrong, and I think that I am 99% right.

Please could anyone who knows 100% of the facts please let me know ASAP - because my lawyer is away on business, and I have been called to appear at the Dept of home affairs in cape town tomorrow morning, and I need to be in possession of the legal facts etc.

Thanks very much.
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Old Oct 11th 2007, 6:17 pm
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Default Re: Permanent Residency / Contravention of Immigration Act 2002

You didn't make quite clear whether your relationship with your b/f is still continuing, but, either way, I think your analysis is correct.

I cannot, however, provide you with the 100% guarantee you ask for. Laws, especially if they are vague, must often be tested in the courts.

Furthermore, you will already be aware from your own experience of the incompetence and stupidity of so much South African bureaucracy.

So let me say I think you are on solid ground, and these fools are probably messing you about, or even trying for a bribe.

Good luck. Don't be intimidated. Sorry I can do no more for you than that.
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Old Oct 11th 2007, 8:26 pm
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Default Re: Permanent Residency / Contravention of Immigration Act 2002

Originally Posted by Pablo
You didn't make quite clear whether your relationship with your b/f is still continuing, but, either way, I think your analysis is correct.

I cannot, however, provide you with the 100% guarantee you ask for. Laws, especially if they are vague, must often be tested in the courts.

Furthermore, you will already be aware from your own experience of the incompetence and stupidity of so much South African bureaucracy.

So let me say I think you are on solid ground, and these fools are probably messing you about, or even trying for a bribe.

Good luck. Don't be intimidated. Sorry I can do no more for you than that.


Hi Pablo..
No I'm not still with the b/f. When he and I went back to home affairs after the manadtory 2 years to prove our 'life partnership" - my residency was approved and there set as "permanent resident". See the below attachment - I think it confirms my reasons. Let me know what you think. Thanks so much.
Permanent Residency   /  Contravention of Immigration Act 2002-dept-home-affairs-residency-cropped-emailing.jpg
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Old Oct 12th 2007, 6:09 am
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Default Re: Permanent Residency / Contravention of Immigration Act 2002

Presumably you swore the affadavit mentioned. Other than that, one would need to refer to the Act referred to. But it looks ok to me from what you say.
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Old Oct 12th 2007, 7:56 am
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Default Re: Permanent Residency / Contravention of Immigration Act 2002

OMG

I can't believe this bullshit. As a South African citizen I am ashamed and apalled at such bureaucracy.

Do they not have anything better to do? Such as manning the borders to stop illegal immigrants coming into the country to raise the crime rate?
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Old Oct 12th 2007, 10:42 am
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Default Re: Permanent Residency / Contravention of Immigration Act 2002

Thanks everyone, for your feedback.

I spoke to my lawyer, the renowned Gary Eisenberg (Eisenberg & Assoc.) earlier today, and emailed hime all the documentation, and he totally confirmed my legal permanent residency - and that as of 2005 I am here as a permanent resident in my own capacity - as in, I do not, and will not ever be required to me married / life partnership with a SA Citizen.

So now, I am emailing all of the legal docs to the director of Immigration / Perm Res, directly and "politely" demanding a return phone call today - as I am driving back to Scarborough later today, and the same cops and immigration officals are still there. I want to be able to show the same immigration woman the legal docs WITH a signed affidavit from the director (Mr Shaun Fortuin) - confirming all of this.


nataliehahn Thanks so much for what you said, especially as a citizen. The cops were even checking my car out - it's a 2006 VW 1.9 tdi sports in excellent condition. The car behind me however, was little more than a rust bucket. The cops stopped him, had a quick chat, and he was on his way. But when he started his car up, his car back-fired and the engine made such a loud grating sound that I (literally) jumped out of my skin cos it shocked me so much. As the car drove away, black exhaust trailing behind, no licence plate and an obvious wheel alignment problem.

So yes, I was and still am furious at the treatment i received. I bring money into the country, and contribute to the economy by employing people.

If and when I hear back from Mr Fortuin, I will post back the results.

My biggest gripe, is that the employees of Immigration / home affairs etc are not informed or educated as to the current laws or whatever.

I know that immigration laws etc are constantly being reviewed and amended, but still, there really is no excuse for the sheer incompetence of the offical government structure. It really is pathetic. !!

Will fill you in later..
Cheers
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Old Oct 12th 2007, 2:20 pm
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Default Re: Permanent Residency / Contravention of Immigration Act 2002

Originally Posted by 2moon2
Thanks everyone, for your feedback.

So now, I am emailing all of the legal docs to the director of Immigration / Perm Res, directly and "politely" demanding a return phone call today


You got a lot of faith in justice from Internal Affairs, but you not going to get that phone call......
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Old Oct 12th 2007, 3:48 pm
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Default Re: Permanent Residency / Contravention of Immigration Act 2002

Originally Posted by 2moon2

My biggest gripe, is that the employees of Immigration / home affairs etc are not informed or educated as to the current laws or whatever.

I know that immigration laws etc are constantly being reviewed and amended, but still, there really is no excuse for the sheer incompetence of the offical government structure. It really is pathetic. !!

I think the laws are amended on a daily basis. It all depends on how they've woken up that morning and if they have a chip on their shoulder or not.

And yes, your right about the employees not being educated. It is, afterall, all about AFFIRMATIVE ACTION!!
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Old Oct 12th 2007, 6:10 pm
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Talking Re: Permanent Residency / I DID IT !!!!!


Now this has to be a FIRST....!!!!


I am very pleased (and a little smug) to announce that
I DID
get that phone call from "Chief immigration officer Shaun Fortuin". !!!!!! He rang me, then I said that he should read my email first, so he did, and after a few certain calls, he rang me back, affirming my full permanent residency, and that the summons for me appear at the offices in Barrack Street, were no longer required....!!!!!! Additionally, I asked for him to email me a signed document from himself confirming my status. Ok, so I haven't got the email yet, but having gone this far, I'm sure I will be receiving it on Monday morning.!!

The below link from news24.com headed "Bid to stop marriage scams" was posted in 2004, but relevant to this situation nevertheless..

This section I took from the last paragraph of the news article....

The 2002 Immigration Act states that "the holder of a permanent residence permit has all the rights, privileges, duties and obligations of a citizen".

If anyone finds more recent dated articles regarding the 2002 immigration ect ...please share them with us.

http://www.news24.com/News24/South_A...571356,00.html



My New Found Tips to Getting to the Boss Man: (Skip this bit if too cheesy for you...)

The people that answer your phone calls are not your intended "target"
Be polite and curteous
Find out their name, and use it whilst talking to them
Briefly explain the urgency of your predicament - (they might even associate with you)...
Keep it light - associate with them - you are on their same level
Engage them in some chat - about them - Empathise....
Ask them if there is perhaps a more direct number that you could call
Try to find out the name of the P.A or secretary
Say how grateful you are / or would be if they could.......
Always show appreciation and thank them for all their help ......

If the situation allows it, and you have achieved your aim, there is no harm in ringing back the same person (use their name) to let them know that they really helped you and "thank you so much"....etc.

You never know when you might have to make a similar call, and if they remember you, then you will probably achieve your aim without too much hassle...

A simple, please and thank you can go a long way to making someone smile...and their long day a little shorter...
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Old Oct 13th 2007, 8:08 am
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Default Re: Permanent Residency / I DID IT !!!!!

Originally Posted by 2moon2

Now this has to be a FIRST....!!!!


I am very pleased (and a little smug) to announce that
I DID
get that phone call from "Chief immigration officer Shaun Fortuin". !!!!!! He rang me, then I said that he should read my email first, so he did, and after a few certain calls, he rang me back, affirming my full permanent residency, and that the summons for me appear at the offices in Barrack Street, were no longer required....!!!!!! Additionally, I asked for him to email me a signed document from himself confirming my status. Ok, so I haven't got the email yet, but having gone this far, I'm sure I will be receiving it on Monday morning.!!

The below link from news24.com headed "Bid to stop marriage scams" was posted in 2004, but relevant to this situation nevertheless..

This section I took from the last paragraph of the news article....

The 2002 Immigration Act states that "the holder of a permanent residence permit has all the rights, privileges, duties and obligations of a citizen".

If anyone finds more recent dated articles regarding the 2002 immigration ect ...please share them with us.

http://www.news24.com/News24/South_A...571356,00.html



Congratulations!!! You have been very Shaun 'Fortuin' ate.........
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Old Oct 13th 2007, 9:05 am
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Default Re: Permanent Residency / Contravention of Immigration Act 2002

Glad to hear that all worked out well. This is what these fool bureaucrats waste their time with while the country falls apart around their ears, alas.
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