# LegalMan please help!



## kaybee1818 (Dec 18, 2014)

You've given a lot of great advice throughout these threads, thank you for your expertise!!

I'm a US citizen getting married to a South African next month. We're planning to live together in SA, I have a job offer already and will sign the contract when I'm in CT in January. 

1) Is it best for me to apply in the US?

2) can i receive the 11(6) visa if I've never held a Relative's Visa? or is the 11(6) a 'change of status', meaning I'd have to get the relative's one first and then change to the 11(6)?

3) The US has no marriage registry. I haven't found anything online about whether I need the UNabridged marriage certificate, or if the abridged one will do. Do you know?

4) What are the new requirements for proving financial means? I've been told it means you have to show 204,000 rand in a bank account. Are there alternative forms of proof - like evidence of other finances NOT in a bank account, or would it be possible to get a notarized letter from a parent or relative assuming financial responsibility?

5) this one's a long shot, but do you on the off chance know whether the SA consulates in the US will accept FBI clearances through certified channelers? (costs more money but you can get the certificate in a week as opposed to 12) And whether it needs to be apostilled?

6) The relatives/11(6) visa is good for 2 years, correct? It says on the NY SA consulate site that the passport must expire at least 30 days after the term of the visa. Mine expires in October 2017, meaning I'll be about 5 months short of a full 2 years when I apply for the visa. Do I need to get a new passport now? or can I renew it at some point in the next two years and transfer the visa?

I'm trying to get through to the SA embassy in New York but no one answers the phone. 

I really, really appreciate your help!!


----------



## LegalMan (Dec 26, 2012)

kaybee1818 said:


> You've given a lot of great advice throughout these threads, thank you for your expertise!!
> 
> I'm a US citizen getting married to a South African next month. We're planning to live together in SA, I have a job offer already and will sign the contract when I'm in CT in January.
> 
> ...


Dobrii den Kaylee (Russian: Good day Kaylee)

Here are some facts first to try and get you thinking on the right track. However, a phone call would be much better as I talk much faster than I type.

1. There are a few main types of visas. Relative's Visa and Work Visas are two of these.
2. Since you are getting married to a South African, you will qualify for a Relative's Visa because your relative is South African. The relation is "spouse" or "permanent relationship".
3. One may not work on a Relative's Visa. Therefore if you wish to work, you have to apply for an endorsement (a new application) and your visa type will change from Relative's to Visitors (allowing you to live with your spouse and work).
4. A Visitor's Visa is not great since banks won't allow you to open bank accounts.
5. You can only apply for a Relative's Visa after you are married.

What is your specialisation? If it is a critically skilled profession I would advise applying this way.

Your questions:
1. You can ONLY apply there.
2. Yes, but not in your situation. No - not a change of status. If you enter SA on a tourist (visitor's) visa, then changing this to a Relative's Visa is a change of status.
3. It needs to be a long form / volt copy marriage certificate and I know those do exist there.
4. For a Relative's Visa this is not necessary. If anything, it will be R8,500 per month. No promises from parents, only from spouse and proof of funds needed.
5. Doesn't matter how you get it, if it is from the FBI then it's valid.
6. Valid for anything from 1 month to 4 years - you can renew the passport later from what we've seen.

Let me know if this has helped and made sense. You are clearly very confused and desperately need to PHONE a professional.


----------



## kaybee1818 (Dec 18, 2014)

*clarification*

Привет (hi) LegalMan!

Sorry, I think I need to be a little clearer about our situation. I can't call at the moment as I'm at work, but I'll try to explain here. 

My fiancee and I first met in Moscow just over a year ago. He's moved back to Cape Town now, but I'm still in Moscow wrapping up my work, etc. before our wedding. I'm flying to CT in a week for our ceremony in January. 

Our plan is to live in SA. We looked into 3 visa options for me: staying in SA after our wedding and applying for a visa there; coming back to Moscow and applying through the SA consulate here; or flying back to the States after the wedding to apply there. 

The U.S. seems like the best option, since the SA consulates there are very clear about what documents are required and they have extremely quick processing times (5-10 days). (And it seems like you're saying I am required to apply in the States anyway?)

So after we get married, the plan is for me to fly to Los Angeles to apply at the SA consulate there (after we receive the unabridged marriage cert from HA).

Now, I already have a job lined up in CT - but contingent on my marriage. This company isn't hiring foreigners on work visas or critical skills visas right now, but is making me a job offer because, as a spouse, I don't have to meet the same requirements - and this is why I want to get a Section 11(6) visa - so I am allowed to work, as a spouse of a South African. 

My profession, fyi, doesn't really qualify as critical skills; I'm a Russian business/political analyst. 

I understand that I wouldn't be able to work on a Relative's visa. 

So - maybe this question is so basic that it's silly - but I'm asking if it's OK for me to get married, go to the States, and apply immediately for the 11(6) visitors visa so I can come back to my spouse and job in cape town and start working. 

I don't need to get a relative's visa first, and then apply for the work endorsement? 
Also an immigration consultant told me I have to prove we've been in a relationship for 2 years for the spousal visa - which strikes me as untrue. The 2 year requirement is only for life partners, right?


Sorry for the confusion, and thanks a million for your help.


----------



## LegalMan (Dec 26, 2012)

kaybee1818 said:


> Привет (hi) LegalMan!
> 
> Sorry, I think I need to be a little clearer about our situation. I can't call at the moment as I'm at work, but I'll try to explain here.
> 
> ...


Again, much confusion here. Your ONLY option is the US. You cannot change status from a tourist visa to a relative's in SA. You cannot apply in Moscow unless you have residence there (perhaps you do).

Your company is equally confused. You can apply for both the Relative's Visa and Work Endorsement together, yes. You'll need a signed permanent contract of employment from the company. A critical skills visa also allows you to work in SA and also forego certain "requirements". If you speak Russian, you qualify. In fact I recently saw a position for a Russian markets analyst in Cape Town.

For a spouse with a marriage certificate, 2 years cohabitation is not necessary.


----------



## kaybee1818 (Dec 18, 2014)

Well...I personally know an American woman who recently entered SA on a tourist visa, got married, and stayed in-country to receive her relative's visa ...but no matter  I have Russian residence, but I'm applying in the U.S.

Applying for the Relative's /work endorsement together, I guess I'm mainly confused about what documents to submit. I will have a signed permanent job contract when I apply. 

Do I need to include all the documents listed for the 11(6) visitor's visa PLUS those for the Relative's visa ? (the forum won't let me include links, but the doc lists for both can be found on the website of the SA consulate in New York)

They have two different application forms, and Relative's requires more stuff, like proof of financial means, for example. 

I'm confused by the term "work endorsement" since it implies an add-on to an existing Relative's visa, when in fact it looks like it's a new visa altogether - a Visitor's visa. 

According to the critical skills list, languages seem to only be mentioned as "Foreign Language speakers for specialist language support and technical or sales support (German, Swiss German, Flemish, Greek, Swedish, Danish, Italian, Dutch, Spanish, Mandarin and French)". My fiancee and I discussed the critical skills option with a consultant at Intergate but he seemed very doubtful that I would be able to find work outside of, say, working at a call center. 

As always, thanks for your time and your help.


----------



## LegalMan (Dec 26, 2012)

kaybee1818 said:


> Well...I personally know an American woman who recently entered SA on a tourist visa, got married, and stayed in-country to receive her relative's visa ...but no matter  I have Russian residence, but I'm applying in the U.S.


How recent? Before the new law was published in May 2014? This is definitely not possible now.


----------



## kaybee1818 (Dec 18, 2014)

Ah, I see! She got married in March and submitted her documents in April/May, so I guess she just slipped in. 

And my other question? Here are links to the relative's permit South African Relative's Permit
and 11(6) visitor's permit South African Visitor's Permit for Spouse and Dependent not qualified for a General Work Permit

Am I submitting all the docs and application forms (BI 1738 and BI-84) for both, or just for the latter?


----------



## dallant (Apr 8, 2014)

Kaybee,

your case is a bit more complex than the simple forum answers.you definetely need an immigration consultant to assist you get all the docs in place to apply for the correct visa in order top avoid delays,since you seem to be in a rush. My brother's study permit got rejected last week only because 1 document was missing,and he's appealing now,which is causing more delays. And remember that SA immigration is not one that works fast, I would suggest that you brace yourself for a long run.good luck!


----------



## Maregere (Dec 29, 2014)

Hi LegalMan

Please help me. I want to apply for a Critical Skills Visa as a Java Developer. I have a one year course in Java Programming from a South African University at NQF 5 (24 Credits) done in 2012. My question is will this be enough for me to use or is there a specific requirement for a diploma/degree.

I have recently completed a BSc Degree in Computing(Oct 2014) and have been informed by a friend that I can not use it since its still new. Is this correct.

Will appreciate any sound advice.

Thank you


----------



## LegalMan (Dec 26, 2012)

Qualifications do not prove critical skills. Currently, registration with the relevant professional body does.


----------

