Spousal Visas
A foreign national who is party to a South African Citizen or Permanent Resident through marriage or cohabitation in terms of a permanent spousal relationship for at least two (2) years, may qualify for either a non-working Relative’s Visa, or a Spousal Visa with Work Authorisation, in terms of Section 11(6) of the Immigration Act.
Section 11(6) Visa
A Section 11(6) Visa, also known as a spousal visa for South Africa, may be issued to a foreign national who is the legally recognised spouse of a South African Citizen or Permanent Resident. The Immigration Act defines the spouse as a person who is party to:
- a marriage as defined in the Act;
- a permanent heterosexual or homosexual relationship as prescribed.
The permanent heterosexual or homosexual relationship must:
Have existed for a period of at least 2 (two) years;
Be to the exclusion of any other person;
Involve financial support; and
Have related responsibilities.
The holder of the spousal visa may apply for work, business or study endorsement where there is an offer of employment, proof of business registration or proof of enrolment with an educational institution available.
How long is a spousal visa valid for? This visa may be issued for a period of three (3) years but is renewable from within South Africa.
Relative’s Visa
A relative’s visa may be applied for by a foreign national who is a legally recognised spouse, as defined above, to a South African Citizen or Permanent Resident or a relative of a South African Citizen or Permanent Resident within first-or second degree of kinship.
How long is a relative’s visa valid for?
This visa may be issued for a period of two (2) years but is renewable from within South Africa.
Accompanying Spouse Visa
An accompanying spouse visa is a long-term visitor’s visa that may be issued to foreign spouses of a foreigner that holds temporary work residency status in South Africa. This category may be misconstrued as a ‘spousal visa’, however in more technical and familiar terms in South Africa, this category is referred to as an accompanying spouse or dependent.
A foreign spouse may not conduct work on this visa. Should s/he wish to work in South Africa, s/he will have to apply for a work visa in their own right.
How long is an accompanying spouse visa valid for? This visa is generally issued in line with the main visa holder for South Africa’s visa duration but may be issued between two (2) to five (5) years.
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Frequently Asked Questions
What are the spousal visa requirements?
Each spousal category, whether it be S11(6), relative’s visa or accompanying spouse have similar requirements. The differentiating factors are whether your spouse is South African / PR holder and you are married or in a spousal relationship for at least 2 years. The typical requirements, inter-alia, are proof of relationship and shared financial responsibilities, marriage certificate as applicable, and proof of status of your spouse in South Africa
Can you work on a relative’s visa in South Africa?
No, if you have received an offer of employment from a South African employer, you will need to submit a formal application to change your conditions to receive working rights.
Can you work on a spousal visa in South Africa?
If you hold a S11(6) visa, then yes – however if the visa is linked to company A and you are now working for company B, you will need to apply for a change of conditions where there has been a change in employers
How long must you be in a relationship with a South African Citizen or Permanent Resident before being able to apply for a Spousal/Relative’s visa
2 years. You must be in a permanent spousal relationship for a minimum period of 2 years and will need to show proof of relationship and shared financial responsibilities.
Can I apply for a spousal visa from within South Africa?
If you are married or in a permanent spousal relationship with a South African or Permanent Residency holder, then in terms of a Directive issued by the Department of Home Affairs, you may apply to change status in South Africa
Can I change from a spousal visa to a work visa in South Africa?
Yes, if you are eligible for a traditional work visa for South Africa and received an offer of employment, then you may apply for a change of status from within South Africa.