A person can apply for permanent residence through a first step of kinship (family), for instance where the applicant is the father of a child born in South Africa and whose mother is a South African citizen. This application for permanent residence can also be made through the holder of a permanent resident’s permit who is in the first step of kinship. BUT a foreigner cannot apply for permanent residence through a holder who obtained his or her permanent residence status through a first step of kinship.

Examples:

1. APPLYING FOR CITIZENSHIP FROM A PERMANENT RESIDENCE PERMIT

A foreign national came into the Republic with an asylum seeking permit, and applied for status as a refugee which was granted for two years. After two years she applied for a permanent residence permit. If she stays for at least five years further, she can then apply for naturalisation.

2. APPLYING FOR PERMANENT RESIDENCE THROUGH A RELATIVE’S PERMIT

If a foreigner has married a South African citizen or permanent resident they can apply for a Relative’s Permit from their country of origin. Once in South Africa, they can apply to become a permanent resident. If the person is indeed a member of the immediate family, and can satisfy the prescribed conditions, then the person can apply for permanent residency on the basis of first step of kinship.

3. APPLYING FOR PERMANENT RESIDENCE STATUS THROUGH A CHILD BORN IN SOUTH AFRICA (FIRST STEP OF KINSHIP)

A person who had applied for an Asylum Seeker’s Permit, and whose permit is going to expire, wants to extend the permit. He has a relationship with a South African woman, and is the father of two children with her. The two children will be of South African birth due to their mother’s citizenship. He wants to apply for his Asylum Seeker’s Permit to be renewed. The person is advised to apply directly for permanent residence status based on the first step of kinship through his two children. If his name is on the birth certificate then he could present the birth certificate as proof of kinship. However if the biological father’s name is not disclosed, then he would need to make a late application for an unabridged certificate.

NOTE: In the case of a couple who are not married, the particulars of the father will only be evident on the unabridged birth certificate if the father’s name was put down at the time of registration of the birth. If it is not recorded then a new application would need to be made to amend the birth certificate.