Spousal Visa
South Africa

Which visa do you need? — 5-point decision framework

• You need residence only and your sponsor will provide financial assurance → Relative’s Visa (Section 18)
  
  
• You need to work, study, or operate a business → Spousal visitor’s visa (Section 11(6))
  
  
• You are already in South Africa on a visitor’s visa and are married to a SA citizen or PR holder → You may apply in-country under the Nandutu ruling 
  
  
• You are on a different visa category and need to change status → In-country change of status under Section 10(6)(a)
  
  
• You are a life partner, not a married spouse → A separate life partner visa route applies. See our dedicated life partner visa page for the specific requirements that differ from the spousal route.
  
  

Who Qualifies for a South African Spousal Visa?

You qualify if you are a foreign national in a legally recognised marriage with a South African citizen or permanent resident. The sponsor’s immigration status – citizen vs. permanent resident – determines which visa applies. Life partners qualify under a separate route with its own requirements.

Married to a South African citizen — eligibility requirements

To qualify for a relative’s visa as the spouse of a South African citizen, you must:

• Be legally married to a South African citizen (civil, customary, religious, or foreign marriage recognised under South African law)
• Hold a valid passport
• Not be a prohibited or undesirable person under the Immigration Act
• Have no material criminal record that would disqualify your application
• Provide financial assurance from your South African citizen sponsor
• Submit all prescribed documentation, including an unabridged marriage certificate

Married to a South African permanent resident — what changes

If your sponsor holds permanent residence rather than citizenship, you still qualify for the relative’s visa under Section 18(1). The key difference is the sponsor’s document set — they must provide proof of their permanent residence permit rather than a South African identity document. The eligibility criteria for the applicant remain the same. The financial assurance obligation falls on the permanent resident sponsor.

Life partners — the difference from the spousal route

Life partners in permanent homosexual or heterosexual relationships qualify under the same spousal provisions of the Act but must meet a separate set of documentary requirements, including proof of 2 years of continuous cohabitation. The spousal route covered on this page is for married spouses. For the full life partner visa requirements, see our dedicated life partner visa page.

Civil, customary, religious, and same-sex marriages — which are recognised

South African immigration law recognises marriages concluded under the Marriage Act 25 of 1961, the Recognition of Customary Marriages Act 120 of 1998, and the Civil Union Act 17 of 2006. Marriages concluded under foreign law are also recognised, provided they are legally valid in the country of conclusion. Same-sex marriages are explicitly recognised. The key requirement in all cases is a legally valid, unabridged marriage certificate.

What Can You Do on a South African Spousal Visa?

On the relative’s visa (Section 18) you can reside in South Africa. You cannot work, study, or operate a business. Section 18(2) is explicit and absolute — the director-general has no power to authorise work on this visa. Spouses who need economic activity rights must hold a separate visa.

Rights under the Relative’s Visa — what Section 18 permits

The relative’s visa authorises residence in South Africa for its prescribed validity period. The holder may travel in and out of South Africa (subject to re-entry conditions), reside with their South African or permanent resident sponsor, and access services available to lawful residents. The visa does not carry the right to work, enrol in formal education, or operate a business in any form.

Section 18(2) — the statutory prohibition on work and what it covers

Section 18(2) of the Immigration Act states: “The holder of a relative’s visa may not conduct work.” This covers employment, self-employment, freelance work, and business operations — both formal and informal. The director-general has no authority to authorise work on a relative’s visa. This is not an administrative limitation that can be resolved by endorsement or application. Working on a relative’s visa constitutes unlawful activity and can lead to enforcement action against both the visa holder and the employer.

How to access work or study rights as a spouse

If your circumstances change and you need to work or study, the correct step is to apply for a spousal visitor’s visa under Section 11(6) with the appropriate endorsement. This is a separate application. You cannot convert or upgrade a relative’s visa to carry work rights – you apply for the correct instrument from the outset or apply for a change of status if your circumstances change while you are already in South Africa.

Documents Required for a South African Spousal Visa

Five core documents are required: the DHA-1738 form, an unabridged marriage certificate, a police clearance certificate, a medical report, and financial assurance from the South African sponsor. The radiological report is no longer required following Immigration Directive No. 5 of 2023. Documents submitted while still valid remain valid even if they lapse during DHA processing.

Applicant document checklist

• Completed Form DHA-1738 (signed by the applicant)
• Valid passport (must be valid for at least 30 days beyond the intended departure date)
• Unabridged marriage certificate, authenticated by the issuing authority of the country of origin and translated into an official South African language where applicable
• Police clearance certificate(s) from all countries where you resided for 12 months or longer during the 5 years immediately preceding the application. Must not be older than 6 months at the time of submission
• Medical report completed by a registered medical practitioner. Must not be older than 6 months at the time of submission
• Proof of cohabitation and shared financial responsibility (joint lease agreements, bank statements, utility bills in both names)
• Passport photograph (recent, full face)
• Divorce decree(s) or death certificate of a former spouse, where applicable
  
  

A note on document validity during DHA processing

Documents that are valid at the time of submission remain valid for the purposes of your application even if they expire while DHA is processing your file. The obligation is on the applicant to ensure all documents are valid at the point of submission — not at the point of decision.

Sponsor obligations — financial assurance requirements under Section 18

The South African citizen or permanent resident sponsor must:

• Provide a signed financial assurance confirming they accept responsibility for the foreign spouse’s maintenance and repatriation costs
• Submit a copy of their South African identity document (citizens) or permanent residence permit (PR holders)
• Provide proof of financial capacity to meet the assurance obligation (bank statements, payslips, or tax returns)

How and Where to Apply for a South African Spousal Visa

Where you apply depends entirely on your current visa status. Applicants outside South Africa apply through a South African mission or VFS Global. Applicants already inside South Africa on a visitor’s visa qualify as an exceptional circumstance under regulation 9(9)(a) per the Constitutional Court ruling in Nandutu v Minister of Home Affairs [2019] ZACC 24 — permitting in-country applications. Applicants on other visa categories use the standard in-country change-of-status route under Section 10(6)(a).

Application route by current visa status

Applying from outside South Africa — VFS Global and SA mission route

1. Locate the nearest South African mission or VFS Global centre in your country of usual residence or the country of which you hold a valid passport
2. Complete Form DHA-1738 and compile your full document set 
3. Book a VFS Global submission appointment — walk-in submissions are not accepted at most centres
4. Attend in person. Biometric data may be captured at this stage
5. Pay the applicable VFS service fee. DHA fees are separate and paid directly
   
   

Applying from inside South Africa — who can apply in-country and on what legal basis

1. Confirm you hold a valid visitor’s visa and that your marriage to a South African citizen or PR holder is legally recognised
2. Compile your full document set, including proof of your spousal relationship and the sponsor’s documentation
3. Submit at the relevant DHA regional office or through VFS Global as directed
4. If your visitor’s visa expires during processing, retain your VFS submission receipt — this confirms your status as a pending applicant under Section 22(1)(b) of the Immigration Act
   
   

The Nandutu ruling — what it changed for spouses already in South Africa

Before Nandutu v Minister of Home Affairs [2019] ZACC 24, regulation 9(9)(a) did not include the foreign spouse of a South African citizen or permanent resident as a qualifying exceptional circumstance for in-country visa applications. A foreign national on a valid visitor’s visa who married a South African citizen was required to leave South Africa and apply from abroad. The Constitutional Court held that this exclusion was unconstitutional and read in a new sub-provision — regulation 9(9)(a)(iii) — confirming that the foreign spouse or child of a South African citizen or permanent resident qualifies as an exceptional circumstance. This allows eligible applicants to apply for the relative’s visa or the spousal visitor’s visa from within South Africa without departing first.

Step-by-step: submitting your spousal visa application through VFS Global

1. Download and complete Form DHA-1738 from the DHA or VFS Global website
2. Compile your full applicant and sponsor document set
3. Book an appointment via the VFS Global portal for your nearest centre
4. Attend in person with all original documents and certified copies
5. Retain your VFS submission receipt as proof of timely application

How Long Does a South African Spousal Visa Take?

The official processing time for a relative’s visa is 120 days from VFS submission. DHA backlogs mean real-world timelines run considerably longer. There is no expedited processing option.

Official processing timeline — 120 days and what that means in practice

The Department of Home Affairs sets 120 days as the benchmark processing time for a relative’s visa. In practice, processing times regularly exceed this benchmark due to DHA capacity constraints and administrative backlogs. Applicants should plan for a timeline of 4 to 8 months under current DHA conditions. Factors that extend processing include:

• Incomplete documentation requiring additional requests from DHA
• High application volumes at the relevant regional office
• Delays in verifying foreign documents
• Requests for an in-person interview

What to do if your current visa expires before your spousal visa is processed

If your current visa expires while your relative’s visa application is pending, Section 22(1)(b) of the Immigration Act deems you to be lawfully present provided you submitted your application before your visa expired. Retain your VFS submission receipt as proof of timely application. Do not leave South Africa during this period without first confirming your re-entry position with an immigration practitioner — departure may be treated as a withdrawal of your application.

Is expedited processing available for spousal visa applications?

No, DHA does not offer expedited or priority processing for relatives’ visa applications. If your timeline is urgent due to an expiring visa or other obligation, obtain immigration advice on the most appropriate interim status while the application is pending.

Spousal Visa Refused — What to Do Next

The three most common refusal reasons are insufficient relationship evidence, inadequate sponsor financial assurance, and incomplete documentation. Refusal triggers an internal appeal process — not an automatic right to reapply. A prior overstay or unlawful status adds a separate layer of scrutiny.

The most common reasons spousal visa applications are refused

• Insufficient proof of a genuine, subsisting spousal relationship
• Financial assurance from the sponsor does not meet the prescribed threshold
• Missing, expired, or incorrectly authenticated documents
• A police clearance certificate does not cover all required countries
• The medical report has expired at the time of assessment
• Prior overstay or unlawful presence in South Africa
• Prior visa refusals not disclosed in the application
• Marriage certificate cannot be authenticated or verified
  
  

Prior overstay, refusal history, or unlawful status – how it affects your application

Any period of unlawful presence in South Africa – whether through overstay, a visa breach, or working on an inappropriate visa – is material to a relative’s visa application. DHA takes prior immigration non-compliance into account. Prior refusals from any South African visa category must be disclosed. Failure to disclose constitutes misrepresentation and is itself grounds for refusal. Obtain a professional assessment before submitting if you have any non-compliance on your immigration record.

Internal appeal vs reapplication — which route applies in your situation

Deportation risk while an appeal is pending

A refusal does not immediately render you deportable if you are lawfully present at the time of decision. Once your current visa expires — and if no valid appeal or pending application provides protected status — you become an illegal foreigner under Section 32 of the Immigration Act and are subject to deportation. Do not allow your current visa to expire while deciding whether to appeal or reapply.

Divorce, Separation, or Death — What Happens to Your Spousal Visa?

The relative’s visa is tied to the subsisting spousal relationship. Divorce or separation initiates cancellation proceedings. Death of the South African sponsor creates a different scenario with limited transition options. Neither outcome is automatic — there are procedural steps involved in each case.

What happens to your visa on divorce — the cancellation process

The relative’s visa is valid only while the good faith spousal relationship subsists. Divorce removes the legal basis for the visa, and DHA may initiate cancellation proceedings once it becomes aware. You are not automatically rendered illegal on the date of divorce, but you are required to address your immigration status as a matter of urgency. A three-month window applies in certain circumstances — particularly where children who are South African citizens or permanent residents are involved — during which you may apply for a different visa category.

What happens if your South African sponsor dies? Grace period and available options

Death of the South African sponsor does not result in immediate visa cancellation. The visa remains valid for its remaining endorsed period. However, the financial assurance obligation tied to the sponsor can no longer be met in its original form. You must regularise your status before the current visa expires by applying for a different visa category for which you independently qualify or applying for permanent residence if the Section 26(b) requirements are met.

Transitioning to another visa status after relationship breakdown

After a spousal relationship breakdown, alternative visa statuses to consider include:

• A work visa under Section 19, if you have qualifying employment
• A critical skills visa under Section 19(2), if your skills appear on the critical skills list
• A study visa under Section 22, if you are enrolled or intending to enrol
• A retirement visa, if you meet the financial threshold
• A Section 27(g) relative’s visa, if you have qualifying relatives who are South African citizens or residents
  
  

If children from the relationship are South African citizens or permanent residents, your right to remain to fulfil parental responsibilities is constitutionally protected. Obtain immigration advice before your current visa expires.

From Spousal Visa to Permanent Residence in South Africa

After 5 years of being the spouse of a South African citizen or permanent resident, you may apply for permanent residence under Section 26(b). The 5-year clock runs from date of your marriage certificate – not from any specific visa. Switching visa categories during that period does not reset it.

Permanent residence through a spousal relationship — Section 26(b) requirements

Section 26(b) of the Immigration Act provides that the director-general may issue a permanent residence permit to a foreign national who has been the spouse of a South African citizen or permanent resident for 5 years, provided the director-general is satisfied that a genuine, good-faith spousal relationship exists. A good faith spousal relationship is defined in the immigration regulations as a relationship not entered into primarily for the purpose of gaining immigration benefits, which requires cohabitation and is intended to be permanent. The permanent residence permit issued under Section 26(b) carries a 2-year lapsing condition: if the spousal relationship ends within 2 years of the PR permit being issued, the permit lapses. If the relationship ends after that 2-year period, the permit remains valid.

What counts as continuous cohabitation – evidence DHA requires

DHA requires proof that the spousal relationship has subsisted for 5 years and that the parties have been cohabiting throughout. Acceptable evidence includes:

• Joint residential lease agreements or title deeds spanning the 5-year period
• Joint bank account statements
• Shared medical aid or insurance records
• Utility accounts in both names
• Correspondence addressed to both parties at the same address
• Affidavits from persons with direct knowledge of the relationship
• A completed DHA-1712A affidavit confirming the relationship continues to exist
  
  

Does switching visa categories reset the 5-year permanent residence clock?

No. The 5-year period under Section 26(b) runs from the date you became the spouse of a South African citizen or permanent resident — not from the date of any specific visa. Changing from a Relative’s visa to a spousal visitor’s visa, or moving between any other visa categories, does not interrupt or reset the clock. What matters is the continuous, genuine spousal relationship. Document the continuity of the relationship carefully across any visa transitions.

Applying for permanent residence from a spousal visa base — the process

1. Confirm you have been the spouse of a South African citizen or permanent resident for a continuous period of 5 years and that the relationship is ongoing
2. Compile proof of the 5-year spousal relationship and cohabitation (see evidence list above)
3. Submit to the nearest VFS Global centre with police clearances, medical report, and all sponsor documentation
4. After the PR permit is issued, attend the DHA interview required under Regulation 23(6) within the last 6 months of the second year following issue — this is a statutory obligation that confirms the relationship is ongoing

Book a Consultation with Migrate With Q

Migrate With Q provides end-to-end support for South African spousal visa and permanent residence applications—from initial eligibility assessment through to submission and DHA follow-up.

[Book a consultation]