Permanent homosexual or heterosexual relationship - Clarifying the 2 years of relationship vs a recent divorce or a previous life partner visa cancelled in less than 2 years

Source: SA Migration International, 01/08/2019

Secondly clause point 3 (2) ( a) and (ii) says at time of submission they must not be in a relationship at the time and the “ and “ a the end of point 3 (2) ( a) (i) “ and “ is quite clear and bust be read in the context of the sentence very carefully and is a clear indicator that the relationship and the parties don’t have to be single / divorced for 2 years and must be read very carefully .
Permanent homosexual or heterosexual relationship
3.(1) An applicant for a visa or permanent residence permit in terms of the Act who asserts in his or her application to be a spouse, as defined 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 or permanent residence permit 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 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 related responsibilities are shared by the applicant and his or her spouse; and
(e) in the case of a relationship concluded between two foreigners in a foreign country,
an official recognition of the relationship issued by the relevant authorities of the
country concerned, if available.
(3) Both partners to a homosexual or heterosexual relationship must be interviewed separately, on the same date and time, to determine the authenticity of the existence of their
relationship.
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