Spousal visa

If a foreign spouse of a South African citizen wishes to reside in South Africa on a temporary or permanent basis, they may be eligible for a South African spousal visa. This visa can be granted provided that the marriage or life partnership is genuine and not entered into solely for convenience.

The term "spouse" includes both heterosexual and same-sex relationships, as well as life partnerships and legal marriages. Before applying, the foreign spouse and the South African citizen or permanent resident must have been in a spousal relationship for at least two years, or must be legally married. A spousal visa may be granted for a duration of up to three years and can be renewed while in South Africa.

The length of the spousal relationship or marriage to a South African plays a critical role in determining eligibility for a spousal visa. Foreigners married for over five years may apply for permanent residency as a spouse. However, since the application process for permanent residency typically takes at least 12 months, it’s important to note that a temporary visa may still be required during this period.

If an individual has been married to a South African citizen or lawful permanent resident for five years, and the Director-General is satisfied that the marriage is genuine, they can apply for permanent residency under the South African spousal category. The good faith relationship must continue for a minimum of two years after the permanent residency visa is issued; otherwise, the visa will lapse, except in the event of death.

If you cannot commit to a two-year plan in advance or do not meet the five-year requirement, you may not have enough time to apply for a spousal visa. With the spousal visa, you can enter and stay in South Africa temporarily, and you may work, enroll in school, or operate a business, provided you have the necessary endorsements.

Requirements for a South African Spousal Visa:

• Your spouse must be either a South African citizen or a permanent resident.
• To apply for permanent residency, you need to have been married for at least five years.
• There is no minimum marriage duration for applying for a temporary spousal visa.

Documents required for a South African spousal visa application include:

• A marriage certificate.
• Proof of your South African spouse's citizenship or residency.
• A letter of support from your South African spouse.
• Evidence of good health and good standing.
• A completed temporary residency application form.

Note that service and filing fees vary depending on where you submit your visa application. A VFS application fee of R1,550.00 must be paid to VFS to submit a spousal visa application from South Africa.

If you have any questions regarding the spousal visa process in South Africa, feel free to contact us today.