Cohabitation Agreements for Life Partner Visa Applications

If you are a South African citizen or permanent resident in a permanent relationship with a foreign national partner, a notarial cohabitation agreement is a key requirement when applying for a Life Partner Visa under Section 11(6) of the Immigration Act 13 of 2002.The Department of Home Affairs requires proof that your relationship is genuine, permanent, and exclusive. A notarial cohabitation agreement — drafted and certified by a Notary Public — serves as formal evidence of your committed life partnership. It is recognised in terms of section 1(1)(xxxvi) of the Immigration Act as a requirement for the legal sanction of a permanent conjugal relationship within the Republic, other than a marriage or customary union.

What the Department of Home Affairs Generally Requires

A notarial agreement confirming the intention of a permanent, exclusive life partnership, signed by both partners before a Notary Public. In addition to the notarial agreement, you will generally need to submit:

  • Proof of at least two years of exclusive cohabitation (joint lease agreements, utility bills, or correspondence addressed to both partners at the same address)
  • Proof of shared financial responsibilities (joint bank account, shared expenses)
  • Affidavits from both partners confirming the nature, duration, and exclusivity of the relationship
  • Letters of support from family or friends acknowledging the relationship
  • Valid passport and ID documents
  • Medical and radiological reports
  • Police clearance certificates from all countries where the applicant has resided for 12 months or more in the past five years

Good to know: The Life Partner Visa applies equally to same-sex and opposite-sex couples. Once issued, it can be endorsed to allow the foreign partner to work, study, or conduct business in South Africa. After five years of proven cohabitation, the foreign partner may apply for permanent residence under Section 26(b) of the Immigration Act.