Goodday, my husband and I am Chinese passport holders, we married in South Africa in 2007 and get our SA permernont residence and ID in 2011. Are there any prohibition for people like us to get divorce? Because we heard that people like us have to wait 5 years since we received our permernont residence ,otherwise my PR will be terminated if we divorce. My baby will be born in October this year, please let m know the rights of my baby and myself once I divorce with my husband.Many thanks!!Suzi
Welcome, thank you for the opportunity to address your question.I need a bit more information in order to provide you with a comprehensive answer:
Hi, my husband had a exceptional skills work permit from May 2009 and I had a visa as his spouse, then we applied the permanent redidence as a family in Oct 2009, received the PR in March 2011 and ID in Dec. 2011.
The general rule regarding a PR for a spouse of a qualifying permanent resident is that is that such spouse would need to be married for five years in total. Furthermore you would need to remain married / in a spousal relationship for a minimum of two years after receiving your permanent residence in order to retain your PR status.
There is also another possibility of qualifying; as your child would be a minor of a permanent resident (your spouse), you would qualify under section 27 (g) of the Immigration Act as you would be a relative of your child within the first degree and your child will retain permanent residence status through your spouse.
Therefore there are two good avenues to retain your PR status but the timing may be off.
I trust that the legal information provided is helpful in assessing your position going forward. I am always happy to clarify any aspect of the answer provided should you so require. Feedback and a rating of my answer will be greatly appreciated asexperts are only paid on answers positively rated by our clients.
I have been notified that you were not happy with my answer to you; is there any further assistance that I may offer as it is important that clients receive the required service.
Please let me know what rights we have for my baby and myself once I divorced with my husband? Thanks.
Thank you for getting back to me.
I apologise that your requirements were not being met. It is the first time that I have had such a poor rating. I really would like to try and turn your opinion around.
Your rights of permanent residence are acquired as a spouse of permanent resident under a specialised skill permit. You can retain your rights as a permanent resident in any of the following two ways:
What this means is that in March 2013 (2 years after receiving PR), you would qualify for permanent residence in your own right should you remain married to your husband until then as you also would have been married to your husband for five years by that time.
Your child will qualify for permanent residence status as soon as he/she is born as he/she is the minor child of your husband. What this also means is that you would also qualify for permanent residence as soon as your child is born and registered, as you would be the mother of a permanent resident and therefore entitled to permanent residence as a direct relative.
Should you divorce before your child is born, you would loose your permanent residence status until your child is born and registered as the child of your husband, upon which you could regain your permanent residence.
Should you divorce after your child is born and registered your permanent resident status will remain.
Your child will have permanent residence status as long as your husband is a permanent resident until the age of eighteen.
I trust that the legal information and perspective is helpful. I am always happy to clarify any aspect of the answer provided should you so require.
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