User talk:EisenbergSA

Spousal visa: South African Immigration

In terms of South African immigration and for the purpose of long-term visas, the definition of spouse is not limited to the spouse by marriage but includes spouses of at least 2 years life-partnerships meeting the criteria of (i) exclusivity, (ii) mutual emotional and financial support and (iii) co-habitation.

The spouse (by marriage or demonstrated life-partnership) of a South African citizen or permanent resident may apply for a spousal based visa.

The South African Immigration Act of 2002, as amended, makes provision for two separate categories of spousal based visas:
 * a relative visa which is issued in terms of section 18 of the Immigration Act for up to 2 years. The holder of a relative visa may not conduct any activity in South Africa.  The application will require the demonstration on part of the South African relative to be in a position to support financially the foreign spouse.
 * a spousal visitor visa which is issued for up to 3 years in terms of section 11(6) of the Act and that may be endorsed with (i) work authorisation (subject to a contract of employment in South Africa), or (ii) business endorsement (subject to a registered business in South Africa), or (iii) study endorsement (subject to enrolment to a learning institution in South Africa).

Additional notes: On 28 June 2019, a landmark Judgement was handed down in the Constitutional Court related to regulatory restrictions preventing spouses and children of South African Citizens and/or permanent residents from being able to apply for their long-term visas from within South Africa without having to do so form their country of origin.