Spouse or Life Partner of A South African Citizen or Permanent Resident
South African Spousal Visa (Section 11(6))
Are you married to a South African citizen or in a committed long-term spousal relationship?
The South African spousal visa, or commonly referred to as the Visitor’s Visa in terms of section 11(6), allows you to live in South Africa with your partner, while also enabling you with the option to either work or start a business. At Xpatweb, we simplify the process by guiding you through the eligibility requirements, preparation of supporting documentation, and managing the full application process for your South African spousal visa from start to finish.
Eligibility
Couples who are legally married to a South African citizen or permanent resident.
Same-sex or heterosexual partners who are in a committed long-term spousal relationship with a South African citizen or permanent resident for at least 2 (two) years.
Evidence of a valid long-term relationship, cohabitation and mutual support is required.
Life Partners
Unmarried life partners must prove that they have been in a committed long-term spousal relationship with a South African citizen of permanent resident for at least 2 (two) years. The application should include substantial evidence of the relationship, confirming the duration and nature of the partnership.
Benefits
Applying for a South African spousal visa gives you more than just the right to live in South Africa:
Work Authorisation
Start your career or continue working in South Africa for a South African-based employer.
Business Opportunities
Open and operate your own business in South Africa.
Work And Business Authorisation
Should you wish to conduct work or business-related activities while in South Africa, you will be required to either be married to or be in a committed long-term spousal relationship with a South African citizen or permanent resident and apply for a Visitor’s Visa in terms of section 11(6) of the Immigration Act, 2002 (Act No. 13 of 2002).
Furthermore, work or business authorisation is a mandatory requirement in order to legally undertake any work or business-related activities in South Africa.
- Work Authorisation – You will need a valid contract of employment from a South African-based employer.
- Business Authorisation – You will need proof that a suitable business structure is in place and that the business is registered for tax.
Permanent Residence Pathway
After 5 (five) years of marriage or life partnership with a South African citizen or permanent resident, you may qualify for a South African Permanent Residence Permit.
Under the first step of kinship (your spouse/life partner) you will be able to apply for Permanent Residence, if you have been in a relationship with a South African citizen for at least 5 (five) years.
Application Requirements
To apply for a South African spousal visa, you need the following quintessential documents:
01.
Proof in the form of either a marriage certificate or a life partnership agreement with a South African citizen or permanent resident.
02.
Evidence of cohabitation and relationship exclusivity for a period exceeding 2 (two) years in the case of life partners.
03.
Identification documents (passports, birth certificates in respect of children).
At Xpatweb, we guide you through compiling and submitting the correct documentation in order to ensure full compliance with the relevant Immigration Acts and Regulations.
Frequently asked Questions (FAQ)
1. What is a South African Spousal Visa?
A South African Spousal Visa, or more commonly known as the Visitor’s Visa in terms of section 11(6), allows a foreign national who is married to, or in a committed long-term relationship with a South African citizen or permanent resident to reside in South Africa whilst conducting either work or business related activities.
2. Who qualifies for a Spousal Visa?
You may qualify for a Spousal Visa if you are:
• Legally married to a South African citizen or permanent resident; or
• In a committed long-term spousal relationship with a South African citizen or permanent resident for at least two years.
3. What documents are required?
• Valid passport,
• Marriage certificate or proof of life partnership,
• Identification document of the South African citizen or permanent resident,
• Proof of shared financial responsibilities (e.g. joint bank accounts), and
• Supporting documents for any dependent children applying with you.
4. Can I work on a Spousal Visa?
Yes, provided that you obtain the proper work authorisation by being in possession of a valid offer of employment from a South African-based employer.
5. How long is a Spousal Visa valid?
A Spousal Visa is generally issued for up to 3 (three) years and may be renewed, provided that the relationship still exists and all requirements continue to be met.
6. Can children be included?
Dependant children are generally required to apply separately under the appropriate visa category such as a study visa or Relative’s Visa.
7. How do I prove my marriage or partnership is genuine?
• Marriage certificate or notarised life partnership agreement,
• Joint lease agreements or shared utility bills,
• Photographs together, and
• Shared bank accounts or proof of financial interdependence.
8. Can I apply from within South Africa?
Yes, if the foreign partner holds a valid temporary visa or port of entry stamp. Otherwise, the application must be submitted in the foreign partners home country or country of legal residence.
9. What if my application is refused?
Should your application is rejected, you are entitled to submit an appeal application to the Department of Home Affairs within 10 (ten) days of receipt.
10. Can the Spousal Visa lead to Permanent Residence?
Yes. Foreign nationals who have been married to, or in a committed long-term relationship with a South African citizen or permanent resident for at least 5 (five) years qualify to apply for Permanent Residence.
