A Spousal Visa is applicable where a foreign person is married to a South African citizen or permanent resident. The parties must be officially married according to the laws of South Africa or according to the laws of a foreign country.

However, in instances where the parties are not officially married but are in a permanent relationship as prescribed in terms of the South African Immigration Regulations then the foreign person may also qualify for a Spousal Visa.

The key considerations to show that the parties are in a permanent relationship are the following: that the relationship has existed for at least the past 2 years, that neither of the parties is a partner in an existing marriage or permanent relationship, that the parties support each other financially, and that they live together.

The Spousal Visa is issued for 2 years and can be renewed. The Visa can also be endorsed in order to allow the applicant to either work, operate their own business or study in South Africa.

Once the parties have been married for 5 years or in the permanent relationship for that period of time then the foreign person may apply for Permanent Residency.