Applying for a Spousal Visa to Live in South Africa

The spousal visa — issued under Section 11(6) of the Immigration Act 13 of 2002 — allows the foreign husband, wife or permanent life partner of a South African citizen or permanent resident to live in South Africa. On its own it does not allow you to work, study or run a business; for that you apply for an endorsement on the visa, which requires extra proof such as a job offer, business plan or proof of registration with a professional body.

Who qualifies

  • Married couples: a marriage certificate recognised in the country where the marriage took place. Customary and religious marriages are recognised if properly registered.
  • Life partners: unmarried couples (including same-sex partners) must prove a permanent homosexual or heterosexual relationship of at least two years, with evidence of cohabitation and shared financial responsibilities — joint leases, joint bank accounts, affidavits from friends and family, and photographs over time.

Both partners attend the appointment; Home Affairs may interview you separately about your relationship, and sham marriages are a deportable offence for the foreign partner and a criminal offence for the South African one.

Documents you need

  • Passport valid for at least 30 days beyond the intended visa expiry, with at least two blank pages
  • Form DHA-1738 — the temporary residence visa application form, completed in black ink
  • Marriage certificate (unabridged; apostilled or authenticated if issued abroad), or the two-year relationship proof pack for life partners
  • The SA spouse's ID or permanent residence permit (certified copy)
  • Police Clearance Certificates from every country you have lived in for 12 months or more since turning 18 — see our Police Clearance Certificate guide for the SAPS 91(a) process if you need a South African one
  • Medical and radiological reports (forms BI-811 and BI-806), not older than six months
  • Yellow fever vaccination certificate if you have travelled through a yellow-fever area
  • Proof of financial means — bank statements or a letter of support from the SA spouse showing you will not become a public charge
  • Proof of the relationship: joint accounts, lease agreements, children's birth certificates, affidavits

Foreign documents must usually be apostilled (or authenticated through the embassy route for non-Apostille countries) and officially translated into English if in another language.

Where and how to apply

  • Inside South Africa: applications are lodged at VFS Global offices (visa facilitation centres), not at Home Affairs branches. Book an appointment at vfsglobal.com, submit in person, pay the DHA application fee plus the VFS service fee, and have biometrics captured. You must apply before your current visa or visitor's permit expires — overstaying even by a day can make you "undesirable" and banned for one to five years.
  • Outside South Africa: apply at the South African embassy, high commission or consulate responsible for your country.

Processing times vary widely — commonly cited as anywhere from a few weeks to several months, and longer when documents are referred for verification. Apply early and keep copies of everything.

After the visa: permanent residence

A spouse married to a South African citizen or permanent resident may apply for a spousal permanent residence permit (Section 26(b)) once the marriage or permanent relationship has existed for at least five years. Permanent residence removes the renewal cycle and lets you work and study freely. The five-year clock runs from the date of the marriage or the start of the proven relationship, not from the visa issue date.

Common reasons applications are refused

  • Expired or missing police clearances — PCCs are typically only accepted if issued within the last six months
  • Insufficient relationship proof for life-partner applications
  • Documents not apostilled or not translated
  • Applying after the current visa expired — you become an overstayer and the application is refused
  • A prior deportation or undesirability finding not disclosed
  • Previous spousal visa used to stay in SA without the relationship being genuine — Home Affairs keeps records of prior applications

If you divorce or the relationship ends

A spousal visa depends on the relationship existing. If you divorce or separate you must notify Home Affairs, and the visa can lapse — but permanent residence already granted under Section 26(b) is generally not withdrawn on divorce. Get advice from an immigration practitioner before your status changes.

Sources

  • Immigration Act 13 of 2002 (gov.za)
  • Department of Home Affairs — dha.gov.za
  • VFS Global — vfsglobal.com (DHA visa applications)
  • South African embassies and consulates abroad

This guide is general information, not legal advice. Visa rules, fees and processing times are set by the Department of Home Affairs and change — confirm current requirements before applying.