Uniting with your partner in South Africa requires more than just a heartfelt commitment; it necessitates navigating the process of securing a spouse visa. Don’t Worry! We’ve got you covered!
This guide is designed to illuminate the path to joining your spouse in the Rainbow Nation, detailing every step with clarity and precision. Whether you’re newly married or have been in a partnership for years, understanding how to obtain a spouse visa is essential for starting your new life together in South Africa’s diverse and vibrant setting.
Let’s dive in!
The South African family visa is a ‘relative’s visa.’ The Department of Home Affairs (DHA) handles all visa matters, including relatives’ visas.
Although the South African government does not publish a regular update on the number of people on relative’s visas, the most recent numbers show that these are the second most common form (PDF from 2015) of temporary residence permits.
Generally, to obtain a relative’s visa, you must be a relative of a citizen or permanent resident of South Africa.
People worldwide receive relative permits for South Africa each year – the countries with the most recipients are Bangladesh, Nigeria, and Pakistan.
Among the top ten countries are five African countries and five from other continents.
The only people who do not need a permit to move to South Africa with their relatives are citizens and permanent residents of South Africa.
Everyone else will need a visa, and a relative’s visa is a good option for those who qualify.
Immediate family members of citizens and permanent residents can apply for a spousal visa in South Africa (relative’s visa).
They must prove they are either a first or second level of kinship from the applicant. Specifically, the first level of kinship includes parents, children, and spouses.
The second level of kinship refers to brothers and sisters.
As discussed, you may qualify for a relative’s visa in South Africa if you are an immediate family member of a permanent resident or citizen.
You can apply for either a temporary residence permit or permanent residence.
Relatives who qualify are:
The temporary spousal visa in South Africa lasts a maximum of two years. Although you cannot renew it, you can apply for another relative’s visa once your current one expires.
However, you must still meet the financial and kinship requirements. For example, you must not have had a divorce from your sponsor.
The person who is already a citizen or permanent resident acts as the immigration and financial sponsor for their relative.
So, the applicant must demonstrate that their relative in South Africa can fully support them for the two-year duration of the visa.
The latest required monthly amount is R8,500 per month – this means, upon applying for a two-year visa, you will need to provide a bank statement showing that they have R204,000 available to support you.
However, this financial requirement does not apply if the sponsored relative is a spouse or a minor child.
Generally, though, you may not work or study while in South Africa on a relative’s visa – to do so, you would need your own work or study visa in your name.
All applicants can apply for a relative’s visa from their local consulate or the Visa and Permit Facilitation Center closest to them.
Calling your consulate for further information is a wise first step, as they can give the most up-to-date information on processing times and any changes.
You can also confirm that you have all the required documents and schedule your document drop-off appointment. The relative being sponsored applies.
Conveniently, spouses and minor children can enter South Africa on a visitor’s visa and submit a relative’s visa application from within the country; parents and siblings do not have this option – they must apply before arrival.
Once you submit your documents, the consulate will provide you with a reference number to track your application and appointment date to get your biometric information taken.
You can find a list of the necessary documents for the permanent permit for spouses and the temporary permit on the DHA website, but generally, you’ll need:
If the relative being sponsored is a spouse or a minor child, then there is no application fee. However, when applying through VFS Global, you must pay a service fee of R1,550.
The DHA charges an application fee of R425 for temporary residence permits for other relatives.
Meanwhile, the permanent residence permit costs R1,520 for relatives who are neither spouses nor minors, plus the service fee.
Most consulates will accept cash or credit payments in person.
However, verify this with your local office. Also, remember that if the sponsor brings their parents or siblings, they must demonstrate proof of R8,500 per month per relative.
If you want to visit family members in South Africa on a short-term basis, you may only have a few options. Firstly, check if South Africa requires your nationality to have a visa to enter.
Citizens of certain countries do not need a visa to enter South Africa for 30 to 90 days. If you require a visa to enter, consider applying for a visitor’s visa.
These can be issued for up to 90 days and are an excellent short-term option. Sometimes, the visitor’s visa can be extended for another 90 days.
To apply, visit your local South African consulate.
Those looking to stay longer may be able to do so under certain conditions, such as receiving an offer to teach at an international school.
If this is not the case, and you do not need a visa to enter South Africa, you may be able to extend your stay by leaving the country after 90 days and re-entering.
If you require a visa to enter South Africa and want to stay longer than your visa allows, you should speak to the consulate or a lawyer about your options.
Several temporary visa types in South Africa include Critical Skills, General Work, or Intra-company Transfer Work Visas.
On these types of permits, spouses and dependent children may join their family members in South Africa.
Conveniently, the length of the visa for the family member will match the length of time of the temporary visa.
Remember that family members who join someone on a temporary visa are not permitted to work or study in South Africa.
Including a spouse or dependent child on your temporary visa application does not cost extra.
Other family members, such as siblings or parents, must apply for a visitor visa if they wish to stay longer than the visa-free time limit.
The South African Immigration Act stipulates that based on the marital relationship, the spouses of Permanent Residence holders/ South African citizens can only qualify for a Permanent Residency Visa after 5 years of marriage.
The couple must also be able to provide a marriage certificate.
In the case of marriages shorter than 5 years, spouses would have to apply for Temporary Residence Visas.
If the spouse wishes to apply for Permanent Residency, they can do so after the marriage has reached its 5th anniversary.
Due to the waiting period for Permanent Residency, which can take 2 years or more, it is advisable to apply for a Temporary Residency Permit instead.
An application to extend the validity of the Temporary Permit is possible as long as the relationship still exists.
The application form for a spousal visa in South Africa is a complex document that requires careful completion.
Here are some tips for completing the form accurately and efficiently:
Please remember that submitting in South Africa means that you will complete the form digitally on VFS’s website.
Submitting abroad means you must manually complete the DHA-1738 form with blank ink.
You can work on a spousal visa in South Africa but must apply for a work endorsement.
To be eligible for a work endorsement, you must have a job offer from a South African employer. It is easier to apply for a work endorsement than a work visa.
An applicant in South Africa on a visitor visa may not apply for a change of status, meaning they cannot apply for any visa in-country but should instead apply in their country of residence.
The only time you are allowed to apply for a change of status in the country is for one of the following reasons:
A spousal visa in South Africa can offer numerous benefits for foreign nationals married to South African citizens or permanent residence holders.
Some of these benefits include:
Overall, a spousal visa in South Africa can allow foreign nationals to build a new life with their partner and access new opportunities and experiences.
This way, you enjoy all the benefits of living in this unique and dynamic country.
As an asylum-seeker, you can unify your family (PDF), called ‘family joining’ in South Africa. These family members qualify for family joining:
The only caveat is that you must include all your dependents on your original application.
Your case will become more complicated if you later try to bring a dependent who was never mentioned on your original application.
Of course, if you have a child after you apply for asylum, you can add them to your file afterwards.
There is no cost to apply for asylum or family joining. The Scalabrini Centre of Cape Town provides more information on applying for family membership.
Once you arrive in South Africa, there is no need to register with the municipality. However, you should register with your country’s local consulate to stay informed of any relevant updates.
Public healthcare in South Africa is accessible to everyone, regardless of nationality, so your family members can use it.
However, many expats prefer to take out private health insurance.
For spouses and dependents, it is pretty straightforward to include them on the insurance policies. You discuss options for different family members with your insurance provider.
If you and your spouse decide to get a divorce, your immigration situation may be affected.
Unfortunately, if you are on a spousal visa sponsored by your spouse in South Africa, your divorce will nullify your legal status.
Because your visa was based on a relationship with a South African permanent resident or citizen, you no longer have the right to that legal status once that relationship ends.
If this is the case, consult a lawyer and look into getting your own General Work or even a Critical Skills visa.
If you are on a spousal visa in South Africa and your spouse dies, the same situation may apply, where you lose your legal status because the relationship is over.
However, it would be wise to contract a lawyer to advise you on available options.
In line with South Africa’s progressive stance on human rights, little distinction is made between homosexual and heterosexual couples.
South Africa’s immigration laws enable spouses of South African citizens or spouses of Permanent Residency holders to qualify for Permanent Resident Permits.
The DHA has complete discretion when it comes to immigration visas. If your visa application is denied, you will be provided with a reason for the denial and further steps to appeal.
One of the most common reasons for denial is an incomplete or incorrectly filed application, so submit all the required documents.
However, in some cases, the reason for the denial is more complicated.
Thus, it’s often a good idea to consult with an immigration lawyer who can detail your options and advise you on the best next step.
After receiving your denial, you have 10 working days to submit an appeal.
Embarking on a life together in South Africa with a spouse visa is a journey that begins with paperwork and planning but ends with the joy of togetherness in a country celebrated for its beauty and diversity.
This guide has equipped you with the knowledge to navigate the spouse visa process successfully, setting the foundation for your new chapter in South Africa. With patience, preparation, and love as your guiding lights, the adventure of a lifetime awaits in the heart of the Rainbow Nation.
Together Forever!
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