Need a straight answer - Spousal Visa

Hi,
I'm new here and have been looking around the internet and have spoken to many people and departments but it is like banging my head against a brick wall.  We have the following scenario to navigate around.  My wife is south african and we have been married for 7 year, we live in Lincoln in the UK and she has Indefinite leave to remain in the UK and retains an SA passport.

Currently my wife is on an extended holiday with my son, staying with her parents near Jo'burg.  I need to get the right forms etc completed for a spousal visa and this is what I have done and completed so far.  I need help on the finer points and was hoping you could assist?

1)  Police Clearance Certificate in process
2)  Medical Certificate in process
3)  Radiological Certificate in process

My issue is that there is no clear guide online for this and am stuck on the next forms and stages in the process.

1)  Do I need to complete and affidavit form?  If I do I have questions on this form.

2)  I need to complete form BI 1738.

3)  What do I need to do for my three year old son - he is on a UK passport?

When I have all of the forms do I then need to ring the SA Consulate in London and arrange an appointment?  What do I need to take with me?  Would they need originals of my wifes passport and ID etc?

Any help and guidance is greatly appreciated.

Thanks,
Mat.

Hi.

I would contact the S.A. consulate, they will be able to answer your questions, and also make sure to get your visa while still in your own country, applying for anything in S.A. is a mission.. I have been waiting more than 6 months for my LPP, Life Partner Permit.

Also the application forms cannot be down loaded from the internet, so they have to send them to you.
In regards to your son, I think your wife should go the Home Affairs and apply for a ID for him. 
Good luck with it.

Regards Sarah

Hi SarahK,

Thanks for the response.  I have contacted the SA Consulate on many occasions and they have been helpful but I always come away with the feeling that I shouldn't have bothered.  I have been given several slightly different answers which not only confuse, but infuriate.

I'm going to ask my wife to check what needs to happen for our son if we can do it in S.A. - he can still travel on his passport - its just me getting mine.

Thanks,
Mat.

a great link with many answers to spousal/life partner visa questions can be found here: http://www.rainbownation.com/community/ … 5433#15433

good luck to you

Hi Mat!

Dealing with South African Embassy is always a challenge. Like what you said, no-one gives a straight answer. I personally experienced all of that. Back to your question, Yes, you need to make an affidavit.You also need a copy of your wife and son's document (IDs, Passports, Ticket, Proof of addrÉss (tell her to go to the nearest Police station for the affidavit), Birth Certificate and most of all, your 3 months bank statement showing that you have the means to travel. Once you get here, it's easier! Goodluck and keep us updated.

Mat,

Just thinking about this in the reverse situation. You should check how long your wife is allowed out of the UK on her leave to remain without loosing it.

I believe there are restrictions on the length of time (183 days rings a bell...) you can be out of the UK over a period of a year. I don't think the days have to be consecutive either.

Just a thought....

Hello everyone,

Thanks for the help so far.  I'm pretty sure I don't need an affidavit as we are married and have marriage certificates.

From the info I have researched and the comments on here and other forums I need to do the following:

1)  Medical Certificate.
2)  Radiological Certificate.
3)  Police Clearance Certificates.
4)  Legalised copies of Marriage Certificates.
5)  Temporary Residence Form BI-1783.
6)  Letter from wife saying she will support me financially and emotionally.
7)  3 months back statements.
8)  Several proofs of cohabitation [council tax letters etc].
9)  Certified Copies of my sons Birth Certificate.
10)  Copies of wife's passport - these have been verified by a teacher - not originals.

I'm trying to do all this with my wife and son in SA on an extended family holiday.  Hence I don't have originals of their passports.

Can anyone think of anything else I have missed - I may have to get a copy of my wifes ID book from what I am being told - whcih should be fun as she lost it.  But she can get one in three weeks in SA so I will have this sorted.

Your help is really appreciated.  The one thing I will miss from the UK is the ability to get a straight answer and a fairly good process to follow.

Cheers,
Mat.

matflat wrote:

From the info I have researched and the comments on here and other forums I need to do the following:

5)  Temporary Residence Form BI-1783.

7)  3 months back statements.
8)  Several proofs of cohabitation [council tax letters etc].


Hi, Mat.
Since you've been married for 7 years you must apply for a PERMANENT residency permit, not the temporary! It is much better for you cause you'll be able to work without getting any work endorsement.
http://www.dha.gov.za/PDF/immigration/b … 20appl.pdf
That's the form you need. I think it has the list of documents for you to add to your application. I'm not sure you need 7) and 8). I thought you show them proof of cohabitation only if you apply for a life partner permit (I applied for a spousal permit and we didnt provide that document, we had a marriage certificate instead).

Hi Concordira,

Thanks for the reply.  Isn't the problem still that PR takes forever and you still have apply for Temp anyway?  Every department I have spoken to said to get Temp then do PR as PR takes the best part of eternity to get done.

I do have another question regarding my son - is it easier to get his Birth registered with SA in SA or in UK and how long does this take usually?

Cheers,
Mat.

matflat wrote:

Isn't the problem still that PR takes forever and you still have apply for Temp anyway?  Every department I have spoken to said to get Temp then do PR as PR takes the best part of eternity to get done.

I do have another question regarding my son - is it easier to get his Birth registered with SA in SA or in UK and how long does this take usually?
Cheers,
Mat.


Mat, I'm sorry for confusing you. From the perspective that you apply for a permit in the UK you're completely right - it's better to apply for a TR since a PR takes forever. But anyway as soon as you come to SA go and apply for a PR (you didnt mention  you know that you qualify for a PR so I misunderstood you. Sorry)
I'm not sure about the second question because I'm not from the UK so I dont know how long it takes.

Just remember that you can only apply fpr PR when you have lived legally in SA for at least 5 years.

Also Mat, they asked me for 4 letters from friends stating that you and wife are living together in a relationship. (Im nut sure if you will need that when you are married, but check it out)

Sarahk wrote:

Just remember that you can only apply fpr PR when you have lived legally in SA for at least 5 years.


Sarahk, you're not right in this case! Mat can apply for a spousal PR since he's been married to a SA citizen for over 5 years. You can check it here:

http://www.services.gov.za/services/con … uses/en_ZA

Maybe you have to live in SA for 5 years or more in case you apply for other types of PR but it's different for a spouse.

Hi Concordira.

Thanks for letting me know, it is really amazing how depending on who you ask you get different answers, and it seems that the workers at DHA NEVER know the right answer.. 

Hihi, it is a good thing that we can help each other on this forum.

Can you imagine how cool it'd be if we could get a piece of reliable information straight from the Home Affairs? Or at least its web site? Dream on :)