The questions on whether you can work on a spouse visa in South Africa, is answered through this article. There are some conditions and stipulations, which makes it necessary to understand what the implications of such a decision will be.
Nowadays, it seems like everyone is trying to escape their current country by moving to another one. Whether it’s for a new job or just a change of environment, many people wish to move abroad one day. The question that not everyone knows the answer to is whether their spouse will be able to work on a Spousal Visa abroad. Specially in South Africa, there are many people who want their spouse to come and join them while they are there. Some want their spouse to work and others don’t. In the list below you will find answers to all your questions regarding this topic.
Can You Work On A Spousal Visa In South Africa
A spousal visa allows you to legally immigrate to South Africa and work without a work permit. Those on a spousal visa are permitted to be employed in all sectors, although there are some restrictions. This article will explain how to apply for a spousal visa and how it differs from other visas as well as the conditions you will need to meet in order to qualify.
What are the requirements of a spousal visa?
A spousal visa, may this be a relative visa or a spousal based visitor visa, requires proof of the existence of the spousal relationship.
A person who is married cannot be in a good faith life-partnership with someone else.
Documents confirming marital status are required of both parties to the relationship.
How long does a spousal visa take in South Africa?
The average processing time of all temporary residence visa applications including spousal visa applications is 8-10 weeks or longer to be processed and finalised on part by Department of Home Affairs.
Can I work on a spousal visa?
Only a spousal based visitor visa issued in terms of section 11(6)(b) of the Immigration Act may allow its holder to work. The specific work endorsement is subject to the foreign spouse having secured an offer or contract of employment in South Africa.
The holder of a valid spousal visa with work authorization may work in South Africa as long as he or she complies with the specific conditions of his or her visa as endorsed on his or her passport.
Can I work on a relative visa?
The holder of a relative visa may not work or conduct any activity in South Africa. Spouses of South African citizens or permanent residents who intend to work or conduct own businesses must apply for a visitor visa with work or business authorization.
Does the spouse of a South African need a work visa to work?
The spouse of a South African citizen of permanent resident can obtain work endorsement on a spousal visitor visa issued in terms of section 11(6)(b) of the Immigration Act.
This visitor visa is not a work category visa and does not accrue years towards an application for permanent residence on the basis of at least 5 years continuous work visas as per section 26(a) of the Act.
Can I apply for permanent residence on a spousal visa?
You are eligible to apply for permanent residence on the basis of your spousal relationship if you are the spouse of a South African citizen or permanent resident of at least 5 years.
Applying for permanent residence does not exempt you from maintaining your temporary residence visa valid at all times whilst sojourning in South Africa.
What happens if I divorce and I have a spousal visa?
The fundamental basis of the spousal visa is that of allowing the foreign spouse to reside in South Africa with his or her South African spouse.
The condition of the validity of the visa is the continued existence of the marriage or good faith life partnership. This applies equally to marriages, homosexual and heterosexual relationships that are considered life-partnerhsips.
Should the relationship end: the visa lapses in law. Foreign spouses are advised to promptly act in terms of their South African visa status should the spousal relationship end.
Do I need a marriage certificate to apply for a spousal visa?
Only spouses who apply for a spousal visa on the basis of their marriage to a South African citizen or permanent resident need to include their marriage certificate in their application.
A notarial agreement is required of life-partners in support and attestation of their relationship.
Who needs to sign the application form for a spousal visa?
The applicant needs to complete the form.
Do I need a South African Police Clearance Certificate for a spousal visa?
A South African Police Clearance is required of any major applicant who has resided in South Africa for at least 12 months from turning 18 years old. This requirement is also applicable to the holder of any long term visa to South Africa renewing a visa, changing status or applying for permanent residence.
Can I change from a relative visa to a spousal visa with work?
The holder of a relative visa issued in terms of section 18 of the Immigration Act may change status from within South Africa.
The foreign spouse of a South African citizen or permanent resident who has secured an offer of employment or wishes to conduct own business may apply for a spousal based visitor visa issued in terms of section 11(6)(b) of the Act.
Why does my spouse need to give financial assurance for my relative visa?
A relative visa does not allow its holder to conduct any activity in South Africa. The South African relative is required to demonstrate to be in a position to financially support the foreign relative in the Republic for the duration of the visa’s validity.
Can I renew my spousal visa if I changed partner?
A renewal application requires the foreign applicant to demonstrate to the DHA to have complied with the conditions of his or her visa and to demonstrate, at the time of the renewal application, the continued compliance with those same conditions. Proof that the relationship still exists is necessary.
The end of the previous spousal relationship would entail that the spousal visa would have ceased to be valid, thus it is not renewable.
How much does it cost for a spousal visa in South Africa?
Service and filing fees vary depending on the submission location of a visa application.
Spousal visa applications submitted in South Africa require a VFS application fee of R1,350.00 to be paid to VFS.