Spouse Visa

Good morning,
My fiancè is Italian but he got green card and he's going to Cape Town for work.
He's my boyfriend since 4 year ago.
I ask for some information about a Visa for me and Ambassy suggest me to apply for Spouse Visa.
I've would like to know
1) I need a 1 year visa, will this Visa cover that period?
2) He's departure is on March 2013, can I ask my Visa now? (october/november?)
3) Which proves do I have to give to Ambassy for gain the Visa?

I think it's better for you to contact the embassy in the States because I'm not sure anybody will be able to give you 100% correct advise.
First of all you can't get a spousal visa since you're not married. If your BF were a South African citizen then you could apply for a life partner permit. But he is not so I don't know if they provide LPP to partners of those who're not South African citizens or residents...

I ask to Italian Ambassy and they send me all the documents for visa spouse. I don't know if this is connect to the fact we want to getting married in South Africa.
I re-write to them..I'm waiting for news!

criv wrote:

I ask to Italian Ambassy and they send me all the documents for visa spouse. I don't know if this is connect to the fact we want to getting married in South Africa.
I re-write to them..I'm waiting for news!


I don't really get it... What does it have to do with an Italian embassy if you have to get a South African visa so you consult the SA embassy but the Italian one

Sorry I want to say SA Ambassy in  Italy!

Hmm, Im even more confused.
Are you and your BF Italien? And are you going to come to S.A.?? (What does that have to do with the States??)
You do NOT have to be married to get a spousal visa to S.A. you can be in a registered partnership.
You must find out what you plan to do while in S.A. And then you can apply for the visa accordingly.
If you are going to work, study or conduct business, you must apply for LPP with the right work, study, business endorsement or for work, study or business visa.
If you are not going to do either of those you can just travel on a 3 month tourist visa, (dont need to apply for that before hand) after 3 month you can extend it with another 3 months. Then you can leave the country (go to Namibia or somewhere else) get new 3 months and after that extend again.   

Good luck to you.
Sarah

Sarahk, what you say it's not exactly true! I've read another post of yours where you state that a spousal, relative's and LLP are the same permits. But they're not. Ask any lawyer and they'll tell you!!! These permits are even regulated by different sections of the Immigration act of SA!!!
I agree with you that they give you almost the same rights like working, studying or doing business (if you have a certain endorsement of course). But there's a difference in documents which you have to provide to get them.
To get a SPOUSAL (or a relative's)permit you have to be married. That's why it's called a spousal permit because you have to be spouses and you submit your marriage certificate. And if you're in a partnership (relationship)like you said that means you're partners so you can apply for a life partner permit only (so you submit affidavit, proofs of cohabitation and joint account etc.).. I'm married to a SA citizen and my passport has a sticker which says "relative's permit". You have a SA partner so yours says "LLP" (that's what I know from your ealier posts).
Besides what is a registered partnership? Usually if you decided to register your relationship isn't it called a marriage? And if you simply live together how are you supposed to register it without getting married?

Sarah my fiancè is going in SA with a work permit by an US industry.

Anyway, I contact an agency and the advice me to getting married in SA and then ask for Accompanying Spousal Permit.

I think to go to SA as a tourist and then ask for the other visa.

But If I go with my visa, then I go out (I've to go in US for few months and then go back in SA), can I return in SA for others 3 months with any trobules??

Criv,isn't it easier for you to get married in the USA so you can apply for an accompanying spousal permit straight away in the States?

it's not so easy for many reasons, if we can we'll getting married in US and then apply for spouse visa, but we have to consider all the situations :|

Concordira:
In sep 2011 I applied for a LPP on the grounds that I have been with my S.A. BF for many years, 3 of which where we lived together. We entered into a registered partnership (not a marriage), when I received my visa back in May 2012 I got a relatives visa.
I have not studied the law, and I did not say that the visas are 100% the same, but to me it seems that there is not that much difference. In regards to being married and in a registered partnership I cannot see the difference in what you can do after you receive the visas. Yes it is different paper work, but does that really make a difference.

I was advised to not get married, because that would hurt my application for citizenship when Im going to apply for that, one can apply for citizenship after being together with ones partner (and or??) living legally in S.A. for 5 years or more. At this point I have done so for more than 4 years with my BF, if we were to get married it would be 5 years from the day we got married. So instead of being able to apply for citizenship in a year, I would only be able to apply in 4 years.

As I said earlier, I have not studied the law, and maybe it is supposed to be as you say, but matter of fact is that you are married and got a relatives permit, Im in a registered partnership and got a relatives permit!!! (Which is why I in another post said, that it was something like the same thing)

A registered partnership is much like a marriage, lots of people who cannot (or will not) get married because of religion, same sex partnerships, financial reasons etc live in registered partnerships.  There is a lot responsibilities and benefits just like in a marriage, but you will each own your own property, but being each other beneficiaries should something happen to one of the partners. 
I think it is much like being married outside community of property.  ??

To register your partnership both partners sign an affidavit, (I don't remember what it is called, B.... something) Mine does not exactly look like this but you will get the idea, http://www.southafrica-newyork.net/home … rtners.pdf

 
Criv:
Ok I see :D just thought it was really confusing.
On a tourist visa you will be able to enter and leave S.A. as much as you like, there is no limitations. Every time you enter S.A. you will get a 3 month tourist visa (only condition is that you have a return ticket) lets say you are there for 2 months and travels back to U.S. or Italy is there for a week and travels back to S.A. you will get new 3 months. It is very easy. What will you do while in S.A.?? If you are not planning to work, I would not bother with all the difficult visas. Just stick to the tourist visa. If you want to work it is a whole other story.
I am not sure if you can apply for another visa if you enter on a tourist visa, not without having to leave S.A. on the tourist visa and then enter one the new visa.
Also I must say, it is a very long process to apply for visas at S.A. home affairs (not including tourist visas), my advice would be to apply for it from the consulate in the country where you live.

Sarahk really can I go out and then came back without problems? I'm not planning to work, I'd like to find a course or something else. But we'll see!
Thanks for all the information! :)

criv wrote:

Sarahk really can I go out and then came back without problems? I'm not planning to work, I'd like to find a course or something else. But we'll see!
Thanks for all the information! :)


Criv, I'm pretty sure you can go out and came in without any problems. I know a Russian girl who did the same. Actually the second time she went to - I think it was Zimbabwe - and came back to SA she got a tourist visa for only a month but I guess it's because she's Russian. Since you're American they'll give you a 3-months visa.
So maybe it's the best way for you to do it if you don't want to get married to each other. Anyway to get married in SA both of you will need a certificate about your civil status (a proof that you're single).

Criv

I would go for the tourist visa, it really is sooooo much easier then spousal/relatives/any other visa. Only if you plan to study you will need at study permit. A study permit is the easiest of the visas to get, besides a tourist visa.
(sorry, Im still a bit confused are you American citizen or Italian??) Im not 100% sure how the regulations are for U.S. citizens, only for European, in regards to how many months visa you will get when entering S.A. and possibilities for extensions.

Sarahk, I'm sorry if I sounded rude or so... I think there's no point to dispute that cause we can't talk in person. Of course I didn't study law either but I've studied so many websites and learnt so much information about it. Basically I told you how it is supposed to be according to the SA law but things which are supposed to be differ a lot from the way they ARE in reality. Your story proves it because you say you applied for a LLP but ended up with a relative's one!!
  Besides did you know that you can't get a work endorsement for you relative's permit? You could do it with a LLP but not with a relative's one. So if you find a job you'll have to submit a completely new application to get a new permit with a work endorsement ... That's another difference between a LLP and a relative's permit...
http://www.services.gov.za/services/con … rmit/en_ZA
So this official website says that a relative's permit can be issued to an immediate member of family  (An immediate family refers to a biological or judicially adopted child, adoptive parent/s and spouse). But websites of immigration agencies say that it includes life partners so I guess a life partner is equal to a spouse to them... Anyway the same official website says that "You will not be allowed to conduct work, study or enter into any business activities while still in possession of the relative's permit".
http://www.intergate-immigration.com/im … s-news.php
This website says that if you possess a spousal or LLP you just have to submit your job offer to get a work endorsement but like I mentioned above since you ended up with a relative's permit you'll have to submit a completely new application (X-ray end medical reports, police clearance etc. etc.). You might not believe me now but it'll be a surprise to you when you find a job.
P.S. Of course all of this is about a temporary residency not a permanent one.

Concordira.
No worries :D

You are right, there is the way things are supposed to be and the way they happen to be, one of the things that really frustrates me about S.A. (coming from Denmark where everything is very organized and regulated)
It is so irritating how are people supposed to know how to handle things when one cannot get a straight advise. And you get one answer if you ask one person and another answer if you ask somebody else.  :(
It seems that nobody (at Home affairs) know what they are talking about. Applying for one visa ending up with another on, hihi, (having to laugh to avoid crying) I was just happy to finally have a visa.
Are you having to apply for a new visa to be able to work? I really cannot go through it all again. Im going to just hustle through until I have citizenship.  Im already dreading the whole application process. When that time comes, I think Ill try to apply form Denmark at the consulate in Copenhagen.

Hi!
We want to getting married, not only for the visa! :)
I'm Italian, my fiancè lives in US with the green card. I read that I can stay 90days without any problems.
I ask because in US you can go for 3months and then come back all the times you want without any troubles!

I'm not planning to work (we'll stay there only for 1 year more or less).
Do you know something about Health insurance?? how does it work in SA?

Being a European citizen I dont see that you should have any problems traveling in and out on a tourist visa. Even if/when you get married it will be easier for you to have a tourist visa.

You do not need health insurance to get a tourist visa. If you want one anyway, there are companies (my opinion is that they are very expensive and you only benefit from them after being a member for some years)
Discovery health, Sanlam, First for Women, Clientel Life, 1 Life Direct. Try to research on these ones. 

I used to buy travel insurance from Denmark, they were only a bit more expensive than the health insurance I could buy in S.A. and had a 100% cover on everything. I dont know what you have in U.S. and Italy but I found that to be the best option.

Yes, unfortunately I'll have to apply for a new permit when I find a job and that's a pain in the ass... You're lucky you won't have to do it because since I understood you correct you'll be together with your BF for 5 years in a year time. That means that you'll be able to apply for a permanent residency which allows you to work which is great!!!

I got my Life Partner Permit through the help of an immigration agency in Cape Town. They told me that when my SA boyfriend and I get married, the years under the Life Partner Permit will still count towards the 5 years for Permanent Residency. The only catch is that you have to be married for three years before applying for PR.

I have heard from someone else the the years start over once you get married, but my agency says that is not true. There's always different answers from everyone. SA doesn't seem to have any rules or laws straight and it is more than frustrating! All the best to all of you.

Hi all of you!

You can get a Life Partner Permit, which is a type of Spousal Permit, without being married.

You can use an immigration lawyer, and another option is to buy an Immigration Guide and do the application yourself.

Keep well and good luck!