What is a spouse visa for South Africa
A spouse visa in South Africa is actually a form of ‘relative visa’ and allows a foreign national to reside in the Republic with a South African citizen or permanent resident wife or husband.
Who is a spousal visa for South Africa for?
A spousal visa is issued in the case of immigration to South Africa when a husband or wife of a South African citizen or permanent residence holder wishes to immigrate to South Africa.
How do I qualify for a South Africa spouse visa?
You will need to provide the following to submit an application for a South African spousal visa.
- The married couple would need to provide proof of a government-issued marriage certificate
- Proof of your South African spouses citizenship or residence
- A letter of support from your South African spouse
- Proof of good health and standing
- A completed temporary residency application form
For how long will the spouse visa be issued?
A spouse visa in South Africa is a temporary visa and can be issued up to a maximum of 3 years. After the 3 year or stipulated period, a renewal of this visa will need to be submitted to continue your residence.
Can the holder work, study or conduct a business on a South African spouse visa?
If you would like to study or work while in the Republic of South Africa you may do so but you would have to apply for working rights to be added to your visa.
Foreign persons on a spousal permit may also only apply to have either study, or business or working rights added to their visa, but not all three.
This means that if you added a working rights endorsement to your visa you may only work for an employer. You may not legally conduct business or study on the same visa, which will require you to reapply and update your visa conditions.
We can assist the couple in applying for an endorsement to the visa – this will allow the holder to work, study or develop a business.
Can same-sex couples apply for a South African spouse visa?
Yes, same-sex couples would follow the same process as an opposite-sex couple when applying for a spouse visa.
For more information on Marriage in South Africa see the Department of Home Affairs’ Marriage Guidelines.
Can I qualify for permanent residency through a South African Spouse Visa?
Yes, a foreign national who have been married to their South African partner or an SA permanent resident holder for more than 5 years may apply for permanent residency.
However, applicants who do not meet the 5-year requirement must continue using the spousal visa until the meet the 5-year requirement and then seek to apply for permanent residency.
What happens if my spouse files for a divorce?
In the case of a divorce, the affected party will need to apply for an alternative visa to remain in the country. The spousal visa would then become invalid. However, these sorts of applications can become complex depending on circumstances so it’s best you speak to a qualified immigration lawyer who can evaluate your situation and will discuss your options based on your unique set of circumstances.
Permanant Residency Option
Apply for a spousal permit if you’re looking to bring your spouse to South Africa on a permanent basis