Last year the Constitutional Court delivered an important judgement in terms of which it pronounced that foreign spouses and children of South African citizens and Permanent Residents may apply for a Spousal Visa and Relatives Visa from within South Africa, and they do not have to return home and apply for such a visa at the South African Embassy in their home country.

Previous to this judgement the Immigration Regulations did not allow persons that were in South Africa on Visitors Visas to apply for a long term visa whilst they were visiting South Africa. Accordingly, a foreign spouse or child would have to return home, and then apply for the long term visa from abroad. During this time the spouse or child would not be able to travel as the Embassy would retain their passport whilst their application was being adjudicated.

The Constitutional Court ruled that such regulations were unconstitutional as it infringed upon a family’s right to dignity and further resulted in families being separated and having to leave South Africa for immigration purposes.

The effect of this judgement is that it will no longer be necessary for a foreign spouse or child of a South African citizen or permanent resident to return home to submit their applications for Spousal or Relatives Visas. Such applications can be submitted at the VFS in South Africa. The Department of Home Affairs have further now issued a Directive confirming the changes.