# Tricky status- CSV and Spousal visa



## stallone (Sep 21, 2015)

During the course of waiting for an appeal (csv extension from 12months to 5years with employer X) i got a new job with employer Y and am already working for employer Y. 6 months down the line CSV appeal with employer X was granted for 5 years. Now my question is with company X's name on the CSV is it possible for my partner(married for 3 years) to apply for spousal visa using my copy of permit with employer X's name and the new contract of employment ( from employer Y)?

Does she have to submit previous employer's contract(X) since thats the one issued with my visa ?

Can she lodge this application in S.A or only abroad as she is a first time applicant for a south african visa?

I am neither a S.A citizen nor a P.R holder.

Do i have to apply for change of conditions on my csv(from X to Y) for her to lodge a spousal visa application?


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## LegalMan (Dec 26, 2012)

*Critical skills - change of employer*



stallone said:


> During the course of waiting for an appeal (csv extension from 12months to 5years with employer X) i got a new job with employer Y and am already working for employer Y. 6 months down the line CSV appeal with employer X was granted for 5 years. Now my question is with company X's name on the CSV is it possible for my partner(married for 3 years) to apply for spousal visa using my copy of permit with employer X's name and the new contract of employment ( from employer Y)?
> 
> Does she have to submit previous employer's contract(X) since thats the one issued with my visa ?
> 
> ...


1. Yes, she does.
2. What is she on right now? If on a visitor's visa, then she has to return to her country of residence.
3. No, you don't. If the spousal relationship exists, nothing else matters.

You yourself have to (as soon as possible) apply for a new CSWV with your new employer's name on it.


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## joe117 (Sep 10, 2012)

Hi Legal man,

I am not too sure if your advice on point number two is correct.

Even if his wife is on a 90day visitors visa, she can still apply for a spousal visa in South Africa.The exact type of visa that she will apply for is a Visitors visa section 11(1)b(iv) which is valid for up to 3 years. 

When the immigration laws were changed in May 2014, this was not possible, but however DHA recently (i think a year back) relaxed the Change of conditions rule to include spouses or children of holders or business or work visas.

Therefore his wife does not need to return to her home country to apply for a spousal visa.
Another point, the husband is NOT obliged to submit a work contract when his wife applies for a spousal visa...a copy of the husband's passport, his visa and a 3 months bank statement will suffice.


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## stallone (Sep 21, 2015)

She is on a 30 day visitor's visa. What is the minimum bank balance gazetted by DHA that should reflect for the three months to prove financial ability to support spouse?

There is someone who also advised me that spousal visas can even be lodged in s.a even if the applicant is on a visitor's visa.(His wife lodged one in s.a and was granted the visa)- just getting more confusing with regards to this matter.

Thanks for clarifying that previous employer's visa can be used in this scenario. The only point to be illuminated is on the bank balance. is it R8500 or R3000?


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## joe117 (Sep 10, 2012)

Hi Stallone,

You have just confirmed my point..your wife can indeed apply in SA!

There is no specific requirement for minimum funds thats should show on your bank statement under this type of visa application (visitors visa 11(1)b(iv).

The R8,500 rule is only applicable to the Relative visa.The relative visa is only applicable if the partner is a SA citizen or Perm res (i think) which is not applicable in your case since you are not a SA Perm Resident.


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