Being one of the most progressive countries in the world in recognizing same-sex couples and affording them equal rights to that of heterosexual unions South Africa grants spousal permits to life partners in both same-sex and heterosexual relationships.
What you need to know about the Home Affairs Spousal Visa:
- The spousal permit is classified under the relative’s visa category and is renewable.
- The spousal visa is issued for a period of 24 months at a time.
- It is a temporary residency visa and is only issued to foreign nationals who can prove a committed relationship with a South African citizen or person holding permanent residency
- The couple must be able to prove a relationship longer than two years. The easiest way to do this is to submit a copy of your valid marriage certificate or proof of registration of the union.
For how long is my SA Spouse Visa valid?
This temporary residency visa is issued for a period of two years and on application may be renewed. It is highly advisable to start the renewal application process well in advance to ensure that the visa is renewed before it expires.
Should you allow your spousal permit to expire you will be in the country illegally and will face deportation. With the new South African immigration laws in place this would also mean that you would be declared an ‘undesirable’ and will be banned from entering the country for as long as five years.
What if I would like to work, conduct business or study while I am in South Africa on a Spousal Visa?
If you would like to study or work while in the Republic you may do so but you would have to apply for working rights to be added to your visa. 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.
1. Find out more about adding spouse visa working rights.
2. Read more about endorsing your permit with Business rights or study rights.
What if the partnership between my spouse / life partner and I is less than two years?
In this case it is best to consult a registered immigration practitioner who will give you the best advice, but typically, under these circumstances, your application will be rejected by the Department of Home Affairs.
When would I qualify for permanent residency through a Spouse Visa South Africa?
Foreign nationals who have been married to their SA partners or permanent resident holders for more than 5 years may apply for permanent residency. Applicants who do not meet the 5 year requirement must continue using the spousal visa until the meet the 5 year requirement.
What happens if my spouse files for a divorce?
In this case you would have to apply for an alternative visa as your spousal visa would then become invalid. Speak to an immigration consultant who will discuss your options based on your unique set of circumstances. Find out more about alternative SA work visas you might qualify for.
Need more information about the Spousal Visa? Submit your enquiry today and our friendly consultants will make contact with you within 24 hours to discuss your eligibility.