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Immigration - Spousal Permits South Africa |
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Spousal permits
Spousal permits are one of the most applied for type of permit - for many reasons there are more South African’s residing abroad than any time in our history and a large number of South African’s during their time abroad have either married or entered into relationships with foreign citizens.
Often the deciding factor for a South African intending to return home is how can their spouse or partner join them and reside in South Africa on a temporary or permanent basis. These are life changing decisions which are often made more stressful due to the lack of correct information. It is vital to make the correct choice
The links below provide more information in regards to applying for a spousal permit for South Africa.
General Overview of Spousal permits
What is a spousal permit?
Who should apply for a spousal permit?
How old must we be?
How long is the permit valid for?
How long must we have been married for?
Can I apply for temporary and permanent residency?
Can my foreign spouse take up employment?
Can my foreign spouse set up a business?
Can my foreign spouse study?
What is an endorsement?
Where should I apply?
Where can I get further information?
How do I get professional help?
Spousal Partners South Africa – General Overview
Applications for spousal permits are taken from foreigners who are married to citizens and permanent residents of South Africa. They allow the foreign partner to enter into South Africa and have the opportunity to work, study or run a business.
Return to questions
What is a spousal permit?
A spousal permit, often referred to as a spousal visa, is permission from the government of South Africa, Home Affairs Department, to legally enter and stay in South Africa. Foreign spouses of South Africans cannot simply stay in South Africa purely on the basis that they are married and must ensure that they get the appropriate permit (spousal permit) which is then entered into their passport.
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Who should apply for a spousal permit?
Applications are accepted by the foreign wives, husbands and same sex couples (civil marriage). It is essential the correct permit is applied for and issued especially in the event that the spouse wishes to work study or set up a business.
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How old must we be?
No age stipulations are in place other than the fact you must be old enough to be legally married. The length of time the permit is issued for (temporary residency) may be influenced by the age of the married couple.
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How long is the permit valid for?
Applications receive no guarantee as to the length of time that a permit will be granted for. It is typical for an applicant to be granted a 2 or 3 year period but it can also be for just one year.
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How long must we have been married for?
Spousal permits application do not stipulate a time period that the foreign partner must have been married to the South African citizen or permanent residency holder.
If less than 5 years it does effect the applicants ability to apply for permanent residency.
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Can I apply for temporary and permanent residency?
Applications for temporary residency can be made irrespective of how long you have been married for, however, in order to apply for permanent residency the marriage should be for at least 5 years.
Due to the length of time permanent residency can take to process (2 years plus), most situations require for temporary residency to be applied for.
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Can my foreign spouse take up employment?
There are many common misconceptions around this issue, the main two being: -
1. Yes, once in possession of a spousal permit the applicant may work.
2. That foreign spouses are not able to work unless they obtain a life partner permit
The holder of spousal permit is not able to work purely on the basis of having this permit. Before commencing work an endorsement is needed to the spousal permit that is specific to that employer.
Many rumours circulate that foreign spouses are simply unable to get work because employers must advertise the position, prove no South African is available to carry out the role and a number of other requirements. This is not the case. Spouses are entitled to work and there is no need for anything other than an endorsement to their spousal permit to enable this to legally happen.
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Can my foreign spouse set up a business?
As per the above question on spouses being able to work, the spousal permit alone is not enough to enable the spouse to legally set up a business. An endorsement must be obtained giving permission to do so.
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Can my foreign spouse study?
An endorsement is required to enable the holder of a spousal permit to study.
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What is an endorsement?
An endorsement is not a permit or visa, but simply an endorsement to an existing permit. This endorsement allows the holder to carry out a specific activity in accordance with the endorsement – for example work, study or set up business.
Endorsements are very specific, for example a work endorsement is tied to a specific employer, not just a general trade. If moving jobs, then a new endorsement would have to be obtained.
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Where should I apply?
Applications can be made at certain consulates abroad or can be made on arrival in South Africa at Home Affairs.
It should be noted that the time and efficiency of the processing varies greatly around the world and experience has shown that applications made in South Africa tend to be processed quicker.
Endorsements should be applied for in South Africa.
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Where can I get further information?
Further information is available here
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How do I get professional help?
Professional help can be sought from registered immigration practitioners. Intergate Immigration assists 100’s of returning South Africans and their foreign partners each year.
If you wish to contact Intergate please use the links below:
Request a call back
E-mail your enquiry
Online Eligibility Form
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