Family Spousal and Partner Visa in South Africa

Families and partners in South Africa have several visa options that allow them to stay together and build a life in the country. These visas cater to spouses, life partners, and dependent children of South African citizens or permanent residents, as well as to family members of foreign nationals working or studying in South Africa.

For families and partners, South Africa offers both spousal and life partner visas. These visas are designed to enable spouses and life partners to join their significant others in South Africa. They are typically valid for 2-3 years and can be renewed, ensuring that families can remain together for as long as necessary.

Our immigration specialists are here to assist you every step of the way. We handle all aspects of the application process, ensuring that your documentation is complete and correctly submitted, reducing the chances of delays or additional costs. With our comprehensive support, you can focus on what matters most – your family.

The South Africa Family and Partner Visa applies to spouses, life partners, and minor children who want to immigrate to South Africa

South Africa Family and Partner Visa

This visa caters to spouses or life partners of South African citizens or Permanent Residence holders. South Africa recognises life partnerships when applying for spousal visas, and if you ever see “Spousal” in South African immigration law, it also refers to life partnerships.

Temporary and Permanent Residence Requirements

• For Temporary Residence, life partnerships must have lasted for at least two years for them to be recognised.
• For Permanent Residence, the relationship must exceed five years.

Partners must prove their commitment to the relationship when applying.

All Required Application Forms can be found at our Immigration Resources

Documentation Required

• Personal Statement: A statement from the applicant detailing the purpose and duration of their stay in South Africa.
• Source of Income: An indication from the applicant’s spouse regarding the source of income in South Africa.
• Cover Letter from Spouse: A signed cover letter from the spouse confirming financial support and accommodation, along with a certified copy of the spouse’s passport or South African visa (the certified copy should not be older than 3 months).
• Financial Assurance: Proof of financial assurance as specified in section 18(1) of the Act, which is currently 8,500 ZAR per person per month. This must be proven with certified bank statements from the past 3 months (statements should not be older than 7 days and must be stamped or accompanied by a verification letter from the bank).
• Marriage Certificate: A certified copy of the marriage certificate, apostilled. If the certificate is not in English, it must be sworn translated, and the original must be submitted.
• Unmarried Partners: If unmarried, the couple must have been in a relationship for at least 2 years to be eligible to apply.
• Relationship Affidavit: An original relationship affidavit (DHA –Form 12) must be completed and certified by a commissioner of oaths. A notarial agreement must also be submitted.
• Spousal Relationship Affidavit: An affidavit outlining the spousal relationship to a South African citizen or resident, including documentation proving cohabitation, shared financial responsibilities, and details of any children in the relationship. This affidavit is required for both heterosexual and homosexual relationships.
• Proof of Relationship: Proof of the relationship, as required by section 18(1) of the Act, including:
  • An unabridged birth certificate.
  • Paternity test results, if necessary.
• Notarial Agreement: A notarial agreement signed by both parties attesting that:
  • The permanent spousal homosexual or heterosexual relationship has existed for at least two years before the date of application for the relevant visa and for five years at the time of application for a permanent residence permit, and that the relationship continues to exist exclusively.
  • Neither party is a spouse in an existing marriage or a permanent homosexual or heterosexual relationship with anyone else.

Additional Information

Note: The requirements for a Spousal Visa and a Partner Visa differ depending on whether the spouse/partner is a South African citizen or a long-term visa holder.

South Africa recognises same-sex marriages. The requirements and types of documentation for the relationship are the same as in heterosexual marriages.

Immigration documentation required in South Africa includes proof that your spouse or life partner has the financial means to support you and a letter of support from your spouse or life partner who is a citizen, permanent resident, or primary visa holder.

If an endorsement is necessary, the spouse or life partner must include forms regarding intended activities while in South Africa. The fortunate thing about the South Africa Family and Partner Visa is that should they want to work, they don’t have to meet the requirements of those who apply for a Work Visa.

The processing time for a South African Relatives Visa typically takes between 6 to 8 weeks from the date of submission. However, due to various factors such as the accuracy and completeness of the application, as well as the timely gathering of required supporting documents, this timeline can be affected. To minimise potential delays, it is critical to submit a well-prepared application that aligns with the Department of Home Affairs’ guidelines. IBN Immigration Solutions always recommends preparing an “application pack” before submission. This ensures that the application is properly checked for accuracy, improving its chances of approval.

It is also important to be aware of specific document processing times, which may impact the overall application timeline. For instance, obtaining police clearance certificates can take up to 2 months if the applicant has lived in multiple countries for over 12 months within the last five years. Medical reports may take 1 to 2 weeks, and preparing necessary financial or family documentation can also require additional time for legalisation and verification. Proper planning is key to avoiding delays and ensuring that your application is ready ahead of your intended travel date.

Additionally, it’s essential to note the current backlog affecting the processing of spousal visas in South Africa, as detailed in the spousal visa backlog report. This backlog could lead to extended delays, even for those applying for a Relatives Visa. Being prepared and planning well in advance is crucial, as this ongoing issue could affect the standard processing times for all family-related visas.

By ensuring all required documentation is gathered, checked, and submitted correctly, and by factoring in potential external delays, applicants can streamline the process and reduce the risk of encountering further complications.

Work and Business Endorsement on a Relatives Visa

While holding a South African Relatives Visa, you may only work, run a business, or study if you receive an endorsement or authorisation on your visa. These endorsements are necessary to engage in these activities legally and must be obtained prior to starting work, studying, or setting up a business.

Types of Endorsements

• Study Endorsement: To study while on a Relatives Visa, you will need an acceptance letter from an accredited learning institution in South Africa.
• Work Endorsement: If you wish to work, you will need a valid employment contract from a South African-registered company. Please note that working rights are specific to the job, so any change in employment will require a new endorsement on your visa.
• Business Endorsement: To set up and run a business in South Africa, you must provide proof that an appropriate business structure is in place and that the business is properly registered for tax purposes.

Changing Status and Adding Work Rights

If you are already in South Africa on a Relatives Visa and wish to change your status, such as moving to a Spousal Visa with work rights, it is possible to do so without leaving the country. The Constitutional Court ruling of 28 June 2019 allows foreign spouses of South African citizens or permanent residents to apply for long-term visas within South Africa, even if they initially entered on a visitor visa.

If you are the spouse of a South African citizen or permanent resident and you have secured an employment offer or wish to start your own business, you may apply for a spousal-based visitor visa with a work endorsement. The work endorsement allows you to legally work in South Africa and extends the validity of your visa from 2 years to 3 years.

Requirements for Work Endorsement

To add working rights to your Spousal or Life Partner Visa, you must have a valid visa and provide a motivational letter or a contract of employment from a South African-registered company. Each time you change jobs, you will need to apply for new working rights specific to your new role.

It is important to note that while a work endorsement allows you to work in South Africa, it does not count towards the 5-year continuous work visa requirement needed to apply for permanent residence under section 26(a) of the Immigration Act.

It is important to budget for all costs before starting your application, as the expenses associated with a South African Relatives Visa can vary and may include unexpected costs. For spouses or dependents of a South African citizen, there is no government application fee. However, for other immediate family members, a fee of ZAR 680 (approximately $36 USD or £29 GBP) applies. However, this is just the beginning, as additional service fees may apply depending on the processing method chosen.

If you are applying through VFS (Visa Facilitation Services), you will need to pay a mandatory service fee of ZAR 1,550 (around $82 USD or £67 GBP). Additionally, for those who prefer a more comfortable or expedited service, VFS offers a premium lounge service for an extra ZAR 500.00 (approximately $26 USD or £22 GBP).

Other costs to consider are those associated with gathering and authenticating the required documentation, which can vary. This includes police clearance certificates, which may cost between ZAR 100 and ZAR 200 per certificate, depending on where it is obtained, and medical reports, which could range from ZAR 300 to ZAR 1,000, depending on your healthcare provider. Certified copies of relationship documentation, such as marriage or birth certificates, may also require legalisation or notarisation, adding to the overall costs.

Note: Exchange rates can fluctuate, so it is a good idea to check the current rates when budgeting for these costs. Consulting an immigration expert can help you get a more accurate estimate tailored to your situation.

By accounting for both the fixed fees and the varying costs of preparing your documents, you can better plan for the overall costs of applying for a South African Relatives Visa.

Step 1: Determine Your Eligibility

Before starting your application, it is important to verify your eligibility for a South African Relatives Visa. This visa is available to immediate family members, including spouses, children, parents, or dependent relatives of South African citizens or permanent residents. Ensure that you meet the eligibility criteria before proceeding.

Step 2: Gather Required Documents

Collect all the necessary documents for your Relatives Visa application. These documents typically include proof of the family relationship (such as marriage or birth certificates), police clearance certificates, medical reports, and valid passports. All documents must be compliant with the visa application requirements. It is advisable to carefully review your application pack to ensure everything is complete and accurate before submitting.

Step 3: Schedule an Appointment

Once you have gathered all the required documents, you must schedule an appointment with your nearest VFS centre or the local South African mission if a VFS centre is unavailable. At this appointment, you will submit your application and pay the relevant fees.

Step 4: Submit the Application

Your Relatives Visa application should be submitted at your scheduled appointment. Make sure that all required documents are included and that your application is complete. Any missing or incorrect documents could result in delays or rejection of your application.

Step 5: Await the Visa Outcome

After submission, you will need to wait for the visa to be processed. The Department of Home Affairs will assess your application, and you will be notified once a decision has been made. If approved, your passport will be returned with the visa endorsed inside. If rejected, you may appeal the decision or reapply after addressing the issues that led to the rejection.

Step 6: Entering South Africa

Upon receiving your approved Relatives Visa, ensure that you have all your documents in order, including your valid passport and the visa endorsement. These will be required when entering South Africa at the border.

Disclaimer

At IBN Immigration Solutions, we adhere to Google’s standards for transparency. As a private immigration firm, we follow the regulations outlined in the Immigration Act of South Africa. We are not affiliated with the South African government. Our clients pay for our expertise in handling applications for both temporary and permanent residency. While forms required during the process can be obtained for free at any Department of Home Affairs office, we also provide them as part of our service. Those who prefer to deal directly with the Department of Home Affairs can visit their website at www.dha.gov.za/immigration-services/