If you are the spouse of a South African citizen or permanent resident, you may qualify to apply for a spousal visa in South Africa. This visa will allow you to reside in South Africa with your spouse and, under certain circumstances, to work, study, or run a business.
The definition of ‘spouse’ is broad in scope and covers those party to a marriage as well as non-married life partners. South Africa recognises civil marriages, customary marriages, civil unions, and marriages entered into in terms of the laws of a foreign country. Life partners are those who have been in a permanent relationship, including queer relationships, for at least two years.
When applying for a spousal visa, proof of the spousal relationship is vital. If your application is based on a marriage, your marriage certificate will be sufficient. If you are a life partner, you will need to provide a notarial agreement and proof of shared financial responsibility.
You can apply for a spousal visa either in your country of origin/ residence or in South Africa, thanks to a landmark Constitutional Court case in 2019.
As the spouse of a South African citizen or permanent resident, you may request that your spousal visa be endorsed to allow you to work, study, or run a business in South Africa. Your request will need to be supported by documentary proof, such as an offer of employment, a letter of acceptance, or company registration documents.
A spousal visa can be valid for either two or three years and can be extended from within South Africa. Once you have been the spouse of a South African citizen or permanent resident for five years, you can apply for permanent residence in South Africa.
Immigration attorneys can assist you with your spousal visa application and guide you through the process from start to finish. As expert immigration lawyers in South Africa, Lee & Truter Attorneys can support you through the application process with the care and empathy you deserve.