In terms of the Immigration Act of South Africa foreign persons that are the “spouse” of either a South African citizen or permanent resident may apply for a Relatives Visa within the Spousal category.

In order to qualify as the spouse of a South African citizen / permanent resident the foreign person may either be married to the South African citizen in terms of a civil union or they may be in a permanent homosexual or heterosexual relationship. In cases where the foreign person is not officially married to the South African citizen / permanent resident, but rather in a permanent relationship then they may apply for what is commonly referred to as a Life Partner Visa.

For the purposes of the Life Partner Visa application it is critical to illustrate the following:

• That the permanent relationship has existed for at least the past 2 years.
• That the relationship involves living and cohabiting together
• That the relationship is exclusive, and that there is mutual financial support between the parties.

Comprehensive documentation of all of the above must be supplied in order to provide sufficient proof that the permanent relationship complies with these requirements. If sufficient proof is supplied then a Life Partner Visa is issued on the same terms and conditions as a Spousal Visa i.e. it is issued for a 2 year period subject to the continued existence of the relationship. Previously Life Partner Visas would have had to be applied for from outside South Africa, but foreigners can now make the application from within South Africa whilst in South Africa on a Tourists Visa.

As per the Spousal Visa the Life Partner Visa does not allow the foreign person to work in South Africa. However, the foreigner may make an application for a work or study endorsement to the Life Partner Visa in terms of Section 11 (6) of the Immigration Act in order to take up employment or operate their own business. This is a completely new and separate application.

Please don’t hesitate to contact us should you have any further enquiries about the Life Partner Visa.