South-Africa Immigration & Visa

South Africa Spousal Visa

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South Africa Spousal Visa

About Visa:

A South African spousal permit or South African Spousal Visa may be issued to a foreign spouse of a South African citizen or permanent resident for three years, subject to that relationship being in good faith i. e. not of convenience.

The advantage of a South African spousal permit is that it allows a foreign spouse to remain and sojourn, validly work, or study in South Africa pending a permanent resident permit being applied for and granted. Moreover, the typical long - form requirements for work, study and own business permit requirements are waived under this category in terms of the normal prescriptive requirements.

Furthermore, the definition of spouse as it pertains to a South African spousal visa extends beyond parties to a marriage and includes a spousal relationship subject to certain requirements. It also envisages same sex or heterosexual life partners as viable applicants. In these instances this permit is sometimes referred to as a South African Life Partners permit, but in point of fact they are one and the same.
Should you require a South African spousal permit for your loved one, you can rely on the professional skills of Sowrya to process your application.

According to South African immigration legislation, the spouse of a South African citizen or Permanent Residence holder qualifies for temporary or permanent residence in the country, on the basis of the marital relationship. The main document in the application is therefore of course the unabridged marriage certificate proving that the marriage exists.

In order for the spouse to qualify for Permanent Residence, a couple needs to prove that the marriage is valid (by submitting the marriage certificate), and that the relationship has existed for more than five years.

It is important to note, however, that in cases where the marriage has existed for less than five years, the immigrating spouse may apply only for Temporary Residence. The fact that the spouse has or has not resided in South Africa for any specific period of time before the application is not relevant.

There are various advantages to qualifying for residence on the basis of marriage. Spouses who wish to establish a business or to work in South Africa do not need to apply for a business visa or work visa. The usual procedure is to make an endorsement to the Spousal Visa, thereby allowing the spouse to conduct business or to work in the country.

According to the Constitution of South Africa, it is illegal to discriminate against homosexual or heterosexual couples, and homosexual relationships are therefore treated in the same way as heterosexual relationships for the purposes of the Spousal Visa. If you are in a permanent relationship but not married (such as a life partnership), then the Life Partner Visa is for you.

Features:

  • 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.

Requirements:

  • According to South African law working rights can only be added once you have secured employment in South Africa.
  • Your working rights and work permit are directly tied to your employer and expires as soon as you leave their employ.
  • Should you wish to explore a new job offer you would be required to reapply for your work visa or your working rights on your spousal visa.
  • Foreign nationals must be in possession of a valid Spousal Visa or in the process of applying for a Spousal Visa & Contract of employment from a registered South African entity.


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