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New Laws vs. Intended Marriage and Residency

Last activity 26 October 2014 by Atanemylove

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Hannah82

This is directed to ImmigrationSouthAfrica (and all others who have valid information!!):

I am a US citizen and am engaged to a South African. I am currently in the USA and travelling soon to Cape Town to be with my fiance. We plan to marry in Cape Town. We would like to have our marriage officially recognized and for me to be able to stay and work in Cape Town as we are wed.

You've mentioned (and I've read else where) laws have recently changed and I'm having a hard time understanding what exactly must happen. I plan to travel after April 1, the proposed date the laws become official. In the NEW IMMIGRATION LAWS post you said "For a "tourist visa", no, US and Canadian citizens don't need to apply for this and they receive a port-of-entry visa when entering the Republic of SA. For any other type of visa, yes, you do need to appear in person." What exactly does this mean for me regarding all other visa I need to obtain to be married and stay in Cape Town??

Is there a step-by-step process you can give me? Starting with the marriage certificate all the way to what visas I will need to apply for. Is there anything I need to do while I am still here in the USA to help? What do I need to bring with me to South Africa (ie: birth certificate, reports, ect.)?

I want to be 100% prepared when I arrive as to meet all deadlines before my visitors visa expires. Thank you so much for your help!!! I couldn't stand having to come back to America after the wedding for paper-works sake!

ImmigrationSouthAfrica

As it stands, it is not 100% clear if port-of-entry visas can be changed into a new status of visa. The law says you can, but there is no surety that Home Affairs will apply it in the new regulations. Tourist visas definitely cannot.

Either way, there is a process, but in essence with an unabridged marriage certificate you can apply for your spousal visa. Remember, you cannot work, study or run a business on a spousal visa (it is a type of relative's visa), you will have to apply again for an endorsement.

chikabi

I want info too Hanna  :)

MiaCulpa

A variety of information is available here:
http://www.dha.gov.za/index.php/immigration-services

ImmigrationSouthAfrica

MiaCulpa wrote:

A variety of information is available here:
http://www.dha.gov.za/index.php/immigration-services


Yes, but it is not necessarily correct.

Camerao

Hello,

I feel confuse as what is the difference between a port-of-entry visa and a tourist visa? At the end I though they were the same thing. How do the new immigration regulations affect the port-of-entry visa?

Thank you

MiaCulpa

ImmigrationSouthAfrica wrote:
MiaCulpa wrote:

A variety of information is available here:
http://www.dha.gov.za/index.php/immigration-services


Yes, but it is not necessarily correct.


Very true.  Probably more true than it should be.  But should one believe a government website or a stranger online?

MiaCulpa

Camerao wrote:

Hello,

I feel confuse as what is the difference between a port-of-entry visa and a tourist visa? At the end I though they were the same thing. How do the new immigration regulations affect the port-of-entry visa?

Thank you


Very generally speaking, a port of entry visa is what they stamp in your passport when you arrive without any prior visa.  A tourist visa is one you were given prior to arrival.

ImmigrationSouthAfrica

A tourist visa, or Visitor's Visa, is obtained (usually) outside of South Africa by means of application and receipt. For South Africans, for example, you require a certain type of tourist visa to visit, for example, France.

A port-of-entry visa is for citizens of those countries exempt from obtaining a Visitor's Visa. By way of the previous example, French nationals are part of the EU and therefore enjoy not having to apply for a visa - they can simply board a plane to South Africa and enter the country on a port-of-entry visa.

ImmigrationSouthAfrica

MiaCulpa wrote:
Camerao wrote:

Hello,

I feel confuse as what is the difference between a port-of-entry visa and a tourist visa? At the end I though they were the same thing. How do the new immigration regulations affect the port-of-entry visa?

Thank you


Very generally speaking, a port of entry visa is what they stamp in your passport when you arrive without any prior visa.  A tourist visa is one you were given prior to arrival.


We are not strangers, we are lawyers. Our website is listed on this site on every comment and you can call us on our number listed on the site.

Of course the Department of Home Affairs has their information written on their website. Unfortunately it doesn't always happen in reality at the Home Affairs offices and consulates.

MiaCulpa

You are likely strangers to most of the people here.  However, I was broadly speaking of putting too much faith in random comments by random people, most of whom are not lawyers and have no website on which to advertise.  Anybody can give any advice here but a government agency website should, theoretically, have accurate advice.

Atanemylove

I am in the same situation as Hannah82 but my fiancé is NOT a SA citizen.  Can we still get married and reside in Cape Town after getting married?  Also, do you know if US citizens can enter as a port of entry and do I need to get a visa? If so, which one?  Thank you in advance!

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