How to Apply for a South Africa Spousal Visa

A South African spouse is defined as a party to either a marriage or a life partnership. A South African spousal visa, or life partner visa may be issued to a foreign spouse of a South African citizen or permanent resident for two years, subject to that relationship being in good faith, i.e. not of convenience.

The advantage of a South African spousal visa is that it allows a foreign spouse to remain and sojourn, as well as validly work or study in South Africa, pending a permanent resident visa being applied for and granted. Moreover, the typical long-form requirements for work, study and own business visa requirements are waived under this category in terms of the normal prescriptive requirements.

Furthermore, the definition of spouse as it pertains to a South African spousal visa extends beyond parties to a marriage and includes a spousal relationship subject to certain requirements. It also envisages same sex or heterosexual life partners as viable applicants. In these instances this visa is sometimes referred to as a South African life partners visa, but in point of fact they are one and the same.

The amendments to the immigration have reintroduced the concept of financial assurance to the spouse visa – concept that was declared unconstitutional in 2002 by the Constitutional Court in the case of Dawood and others v Minister of Home Affairs.

In addition to the above, applicants also need to demonstrate that the relationship has been in existence for 2 year prior to the date of application. Applicants will be required to furnish the department with a Notarial contract in addition to a series of documents.

As South African Immigration Specialists we offer a specialised and dedicated service to applicants seeking to apply for this visa.