How to apply for a spousal permit?

37POSTS

14 years ago

Hello to everybody!
I have a question to ask... I've searched in the Net and got really confused after reading some of topics on applying for a spousal or relative's permit.
I'm in SA on a visitor's visa (intended marriage) which expires on the 17th of March. After I marry my fiance I'm supposed to apply for a permit to stay here. So the question is: what is the difference between a SPOUSAL and a RELATIVE'S permit?
From the forum I realized that it's better to get a spousal permit but how to apply for it? If you go to the official website of home affairs in the category of "temporary residency permit" you'll find only a relative's permit. There's no spousal permit mentioned at all. The same in the form BI-1738 which we have to fill in for a temporary residency - only relative's permits.
Then I found stories of people who had asked for a spousal permit but in the end got a relative's... How could they even apply for it if there's nothing mentioning it in the form of Home Affairs?
Thank you in advance for any help!

P.S. I found as well that a spousal permit is a Section 11(6) permit but it doesnt help me to find any links to the original document or to a form which is supposed to be for applying for that permit.

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concordira Active member

37POSTS

14 years ago

Thank you, Armand, for a link.
Honestly I've read the information of that web site before but basically they dont tell you how to apply for a spousal permit myself. Sure they can help if I pay

It's not like I'm such a miser but my Internet research showed that even if you use lawyer services it doesnt give you any guarantee you wont get a relative's permit instead of a spousal one (found a couple of stories).
There was a guest on the forum - JoachimS - who seemed to be very knolegdeable on the subject. But I cant contact him because his status was "Guest" but a member...
But thank you anyway!

quovadis Member

15POSTS

14 years ago

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

quovadis Member

15POSTS

14 years ago

Btw, you must go to the Home affairs to fetch that form

Sarahk Contributor

148POSTS

14 years ago

Hi.

Unfortunately you have to go to a Home Affairs office to get the forms, you cannot down load them.
I would also advice you to start the process now, it can take a really long time to get all the documentation gathered. I have never heard about anybody ending up with the wrong visa, that does sound very strange. However I applied for my LPP/spousal visa almost 6 months ago and is still waiting, so embrace yourself with patience.

Good luck with it.

Regards Sarah

concordira Active member

37POSTS

14 years ago

We dont really waste our time but we had to wait till my husband's status was changed to "married" (we got married 10 days ago only). So now the plan is to go to HA either on Friday or the next week. I hope they'll submit my application...
You say we cant download forms but I did with medical report and x-ray report. Besides we filled in BI-1738 which is for temporary residency. Actually when my husband called to HA he was told that they'd give us a form for a spousal permit and we'd fill it in with HA official. So we'll still bring BI-1738 (just in case

) We'll see what happens

Sarahk Contributor

148POSTS

14 years ago

Hi.

Yes it is true you can get the forms for medical and x-ray on the net, but the application form, you have to collect at the DHA office.

BTW congretulation on the marriage:-) I wish you much happyness.

Sunshine4 Member

3POSTS

14 years ago

Hi, a spousal and relative permit are one and the same thing. You are right to apply for a section 11(6) if your spouse is South African. Furthermore, you will need to be able to prove as much as you can that you two are in a relationship and very importantly; prove that both of you share financial responsibility. I know of a very reputable Immigration and Consulting Firm here in Cape Town run by a German; they are very quick and efficient and their rates are reasonable. I'm happy to put you in touch.

rtheman New member

5POSTS

13 years ago

#10

concordira,
Since your visit to the Home Affair office in London, did you have any luck applying for the Spousal Permit? I ask because I'm in the exact boat (I'm a U.S citizen, married to a RSA citizen for past 6 years, and I'd like to obtain permit that allows me to live and work in Cape Town). However, phoning and visiting SA Consulate Office in Wash DC, they claim that they don't have a Spousal Visa, but only a Relative Visa (which doesn't give me work status).

Therefore, any guidance or advice from you would be much appreciated.

Lastly, where did you find the Section 11(6). What exactly is that?

Thanks!

concordira wrote:
We dont really waste our time but we had to wait till my husband's status was changed to "married" (we got married 10 days ago only). So now the plan is to go to HA either on Friday or the next week. I hope they'll submit my application...
You say we cant download forms but I did with medical report and x-ray report. Besides we filled in BI-1738 which is for temporary residency. Actually when my husband called to HA he was told that they'd give us a form for a spousal permit and we'd fill it in with HA official. So we'll still bring BI-1738 (just in case ) We'll see what happens

concordira Active member

37POSTS

13 years ago

#11

rtheman wrote:
concordira,
Since your visit to the Home Affair office in London, did you have any luck applying for the Spousal Permit? I ask because I'm in the exact boat (I'm a U.S citizen, married to a RSA citizen for past 6 years, and I'd like to obtain permit that allows me to live and work in Cape Town). However, phoning and visiting SA Consulate Office in Wash DC, they claim that they don't have a Spousal Visa, but only a Relative Visa (which doesn't give me work status).
Therefore, any guidance or advice from you would be much appreciated.
Lastly, where did you find the Section 11(6). What exactly is that?
Thanks!

Hello, rtheman!
I'll try to answer all your questions. Since you've been married for more than 5 years you can actually apply for a PERMANENT residency (PR). But I think they don't issue PRs outside of SA so you'll have to do it after you arrive to the country. Besides PR takes up to 18 months to process so you'll have to apply for a temporary residency as well to be able to stay in SA.

Now about temporary residancy (TR). You have 2 options: you can come to SA and apply for it here or the better option - apply in the USA (it might take forever if you apply in SA and it's usually much faster abroad).
The TR permits you can apply for are a relative's (regulated by section 18 of the Immigration act) and a visitor's (by section 11(6)). If you're interested you can read about them in the Immigration act of SA. Actually in the Act you can't find a definition of "spousal" or "life partner permit" because that's simply the name given to a relative's permit by immigration agencies and people. I found that very confusing until a knowledgable lawyer explained it to me:
a)so if you apply for a section 18 permit (relative's, spousal, life partner - allthe same) you are NOT allowed to work (legally because I know some people who does but of course it's not a good idea).
b) since you want to work you should apply for a section 11(6)visitor's permit (called by people a spousal permit as well). But there's a catch - you can apply for this permit ONLY if you have a job offer. If you don't they'll simply issue a section 18 permit.
Here's the link where you can find the Imm. act:
http://www.lhr.org.za/policy/immigratio … ended-2004

I know it's very confusing so if you have more questions you're welcome to ask.
I hope it helps!

ImmigrationSouthAfrica Serial expat

206POSTS

13 years ago

#12

Hi concordira

Reading through the thread it seems most of your questions have been mentioned. Here are the facts:

1. A Spousal Permit is on of the types of Relative's Permit. This is part of Sec 18. People who asked for a Spousal and got a Relative's are getting what they asked for. It's the fine print that matters more - what's written under the permit print.

2. With the Spousal Permit, You may live with your spouse in SA. To work, study or start a business, depending on what you will do, you change to a Sec 11(6).

3. For a Spousal Permit, you do NOT have to prove shared financial responsibility, that is for the Life Partner Permit (another type of Relative's Permit). You simply need your official marriage certificate - do you have it already from Home Affairs? It usually takes months to arrive.

4. The BI-1738 form is downloadable from many websites online. Just search Google for: BI-1738 home affairs.

Your last post has much more correct information. I will happily answer any other questions.

concordira Active member

37POSTS

13 years ago

#13

ImmigrationSouthAfrica wrote:
Your last post has much more correct information. I will happily answer any other questions.

Yep, my first post was a year ago so I figured out what's going on by now.
I just have to repeat that I find this mess with permits' names very confusing. I mean everyone says a "spousal" or "LLP" instead of a relative's or a visitor's permit (because that's the proper names for spousal and LLPs in the Immigration act). And it's the same about most immigration agencies and their web sites. Don't you think it's a kind of misleading?. And after reading this information on forums people come to SA embassies and HA and ask for spousal and LLP instead of relative's or visitor's permits. And of course they get a reply that that are no such permits...

rtheman New member

5POSTS

13 years ago

#14

Thanks Concordira and ImmigrationSouthAfrica,

Your insights and reference has certainly shed loads of light regarding the vagueness of a "Spousal Permit". That said, what I'm still confuse about are the actionable steps I shall take to apply for a Spousal Permit myself with the Consulate office here in Washington DC?

From SA Consulate (New York) website, I can download & fill out the BI-1738 form. But:
a) What category do I tick off? "Relative's"?
b) Do I reference Sec 11(6) of the Immigration Act, 13 of 2002 on a separate piece of paper?
c) Are there any other documents, affidavits, additions/edits to BI-1738 I must make to mark this as a Spousal Permit with working status?

Per my understanding of a Spousal permit and if my goal is to gain entry and work status, I will need to include the following supporting documents with my application:
1) Passport
2) Medical report
3) Radiological report
4) Marriage certificate
5) Affidavit of spousal relationship to a RSA citizen
6) Police background check
7) Work endorsement (job offer / contract letter from prospective employer)

As all unknowns goes, you don't know what you don't know. Therefore, any insights on how to put this application together will be greatly appreciated?

Thank you!

ImmigrationSouthAfrica Serial expat

206POSTS

13 years ago

#15

My pleasure. What are you going to do?

Work? Do you have a signed offer?
Are you married? Do you have an official marriage certificate?

For spousal it is a Relative's Permit, but if you are going to work, then it isn't. always confusing.

I'll await the answers to these questions to be sure of my advice.

rtheman New member

5POSTS

13 years ago

#16

ImmigrationSouthAfrica wrote:
My pleasure. What are you going to do?

Work? Do you have a signed offer?
Are you married? Do you have an official marriage certificate?

For spousal it is a Relative's Permit, but if you are going to work, then it isn't. always confusing. I'll await the answers to these questions to be sure of my advice.

Re. work: I don't have an offer yet as prospective employer wants to ensure that I can gain working status w/out them performing a position benchmarking as they would via a normal working visa. Which according to my research, my prospective employer simply need to extend me an offer/contract stating my name and salary

Re. marriage: I am married to my wonderful south african wife for the past 6 years. We have a marriage certificated from U.S. Furthermore, while I understand we currently qualify for Permanent Residence (PR), such permit takes around 12-24 mo. and it can only be applied IN South Africa. As a result, my plan is to gain entry + working status via Spousal Permit. Then apply for PR once we arrive in Cape Town.

Thanks in advance and I look forward to the 'magical steps' toward a Spousal Permit.

ImmigrationSouthAfrica Serial expat

206POSTS

13 years ago

#17

No signed job offer (and few smaller things), then you are looking at applying first for the spousal permit, which means you are getting a relative's permit. Later you can "add" the work endorsement.

rtheman New member

5POSTS

13 years ago

#18

ImmigrationSouthAfrica wrote:
No signed job offer (and few smaller things), then you are looking at applying first for the spousal permit, which means you are getting a relative's permit. Later you can "add" the work endorsement.

Let's assume then I do have a Job Offer Letter (that includes salary and start date), what other information and/or documents do I need to fulfill the work endorsement of the application?

Lastly, which application do I fill out? Base on the replies I've read thus far, it sounds like it's the Temp. Residence Permit (BI-1738 form) with Relative Permit tick off. Is that correct? If so, how do I include the work endorsement aspect with such application? Also, how do I append the section 11(6), or is this satisfied by including the work endorsement? Again, any detailed steps per process of filling out a Spousal Permit would be greatly appreciated.

ImmigrationSouthAfrica Serial expat

206POSTS

13 years ago

#19

If you are accompanying a South African spouse/partner to South Africa and you do NOT wish to work, you would then apply for a Section 18 (relatives permit).
If you are accompanying a South African spouse/partner to South Africa and you DO wish to work, you would then apply for a Section 11 (6) (visitors accompanying spouse permit with authorisation to conduct work).

You would not need to tick anything on the form BI-1738 under Category of Permit being applied for. Leave that section blank.

Do not forget to submit certified copies of your South African spouse/partners passport and ID. Otherwise, you seem to have listed all the necessary requirements.

Need help with immigration or administrative procedures in South Africa?

Get in touch with an immigration consultant

rtheman New member

5POSTS

13 years ago

#20

ImmigrationSouthAfrica wrote:
If you are accompanying a South African spouse/partner to South Africa and you DO wish to work, you would then apply for a Section 11 (6) (visitors accompanying spouse permit with authorisation to conduct work).

Sorry if I misread your instruction, but I still am not following what EXACTLY it is I need to do to "apply for a Section 11(6).

Again, my background/profile and goal is as follows:
- U.S Citizen married to my wife who is a South African citizen for past 6 years
- Objective: Gain entry into RSA with authorization to work
- Plan: Obtain a temp. residence status (with auth. to work), then apply for permanent residence once transition to Cape Town
- Possess a work offer from my future employer
- Intend to start work in about 6 month (Aug 2013)

Question to apply for a Spousal Permit (with authorisation to work):
a) Which application to fill out? (Current research pointing me toward "Application for Temporary Residence Permit (BI-1738) Form 8")
b) No need to tick off any category on top of BI-1738; not even "Relative's"
c) Include copy of employer's offer letter (I assume this is what constitute as apply for 'Section 11 (6)' of the Immigration Act, 13 of 2002?)
d) Include the following supporting documents with my application:
1. Passport (certified copies of both myself (U.S) and my wife's (RSA) as well as wife's ID Book
2. Medical report
3. Radiological report
4. Marriage certificate
5. Affidavit of spousal relationship to a RSA citizen
6. Police background check
7. Work endorsement (job offer / contract letter from prospective employer)
e) Can I filed/mailed-in such application package to my local RSA consulate office (Washington DC)? If not, where else should I filed such application?