There is lots of conflicting information, especially on the internet as to the question “Can you apply for a spousal visa in South Africa?”
Many websites point out that there is impending new laws to prevent this. Others state absolutely you can you apply for a spousal visa in South Africa. Below we deal with some of the myths and miss information but more importantly we answer not just can you apply for a spousal visa in South Africa but rather should you?
Myths and facts about whether you can you apply for a spousal visa in South Africa?
- New legislation has been put forward that you will no longer be able to apply for a change of status in South Africa. A change of status means, as an example, changing from a tourist visa to a spousal visa. This proposed legislation is common place with most immigration authorities and is there to prevent fraudulent applications. As an example it is deemed highly unlikely that a holiday maker will in their 2 week holiday meet, fall in love and get married. This impending legislation when fully implemented will mean you can not apply for a spousal visa in South Africa?
- The proposed legislation on whether you can you apply for a spousal visa in South Africa was tabled and subsequently signed off by parliament in 2011. It awaits presidential approval only. Many Department of Home Affairs offices have already started to refuse applications.
- There is no disadvantage in applying for your spousal visa from abroad. In fact there are some advantages which we detail below.
Should you apply for a spousal visa in South Africa?
In short, although you can you apply for a spousal visa in South Africa, the answer is do not wherever possible. The reasons are:
- Historically new legalisation concerning all immigration changes is implemented with little or no notice. In other words you may enter South Africa thinking you can apply for a spousal visa in South Africa only to see this revoked with no notice. What will follow is an expensive trip back to your home country and a wait you make your application for a spousal visa there.
Make your application for a spousal visa in South Africa
- The processing time for a spousal visa is often much shorter when made abroad. Put simply you can get your visa quicker.
- When you enter South Africa you are asked to declare the purpose of your visit. If you are on a tourist visa the answer is a holiday. This is clearly not the case if your intention is to remain and make an application for spousal visa here.
In conclusion – can you apply for a spousal visa in South Africa is not really the question. The question is should you and the answer is not when you can make it abroad.
It is worth noting Intergate can assist you all submissions abroad and we pride ourselves on our track record of successful applications in over 40 countries.
Get more advice on a South African Spousal visa
If you are still unsure – Can you apply for a spousal visa in South Africa? Or whether you should. Contact one of our client managers on the below methods. Your consultation will carry no costs nor any obligations and you can expect a full reply within 24 hours.
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