# Apply for a Spousal Visa while in South Africa?



## shecky128 (Jan 8, 2013)

Dear All,

I am wondering if one is allowed to apply for a spousal visa while in South Africa on a tourist visa. I am a US citizen and my husband is a South African citizen. 

I'm having difficulty getting consistent answers from various folks at the Department of Home Affairs. Any help is greatly appreciated!

Sherri


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## Saartjie (Mar 1, 2010)

shecky128 said:


> Dear All,
> 
> I am wondering if one is allowed to apply for a spousal visa while in South Africa on a tourist visa. I am a US citizen and my husband is a South African citizen.
> 
> ...


Yes you can still do this however, the law is about to change (not sure when) and once the new law comes into force a spouse will not be able to do this but must return to their home country to make the application. 

Legal Man seems to be updated on all these matters so he may be able to give you a more accurate response.


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## LegalMan (Dec 26, 2012)

Hi Sherri

Saartjie is correct, currently you can do this. There have been rumours for two years now that this will change, but we still haven't seen that day arrive.

Once you apply, you are also allowed to stay in South Africa until the result of your permit application has been determined. When you apply, make 100% sure to keep the receipt of your Spousal Permit application very safe (even photocopy it a few times).

And if you've been married for over 5 years, why not apply for permanent residency too at the same time?

As usual, I would advise using an immigration lawyer.


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## shecky128 (Jan 8, 2013)

Hi Guys, 

Thanks so much for your quick replies and help. It is very helpful. I did search through the threads for this info but only found threads addressing my specific question from 2011. The up to date confirmation is great! Do y'all have any recommendations for an immigration lawyer? We met with one guy who said he could help but he was not a lawyer. He didn't seem on the 'up and up' so we are no longer in contact. 

Kind regards, 

Sherri


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## shecky128 (Jan 8, 2013)

Also, any thoughts as to what I tell the customs agent at the aiport my reason is for coming to South Africa? Can I say visiting friends/family? I always get so nervous at the customs desk for really no reason! 

Sherri


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## 2fargone (Jun 14, 2011)

shecky128 said:


> Also, any thoughts as to what I tell the customs agent at the aiport my reason is for coming to South Africa? Can I say visiting friends/family? I always get so nervous at the customs desk for really no reason!
> 
> Sherri


Do you get asked? I've never been asked. No need to be nervous just tell the truth.


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## shecky128 (Jan 8, 2013)

I have been asked before. Thanks for the advice. It does comfort me a bit


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## 2fargone (Jun 14, 2011)

shecky128 said:


> I have been asked before. Thanks for the advice. It does comfort me a bit


If you haven't overstayed at any time then I wouldn't be worried.


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## Saartjie (Mar 1, 2010)

shecky128 said:


> Also, any thoughts as to what I tell the customs agent at the aiport my reason is for coming to South Africa? Can I say visiting friends/family? I always get so nervous at the customs desk for really no reason!
> 
> Sherri


I have been asked on a few occasions but I think it is just a run of the motions. Question is usually, what is the purpose of your visit, answer is always, to visit family. Never had any problems, even when I arrived on a visitors permit being 32 weeks pregnant

As for immigration lawyer, I can warmly recommend Eisenberg and Associates which I use for all my applications. They are based in Cape Town but do have a small office in Joburg. They are excellent, very helpful and not too expensive.


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## LegalMan (Dec 26, 2012)

> Also, any thoughts as to what I tell the customs agent at the aiport my reason is for coming to South Africa? Can I say visiting friends/family? I always get so nervous at the customs desk for really no reason!
> 
> Sherri


I'm not sure I understand - is this when you enter on a tourist visa? If yes, simply state you're on holiday. If you really are meeting friends and family, then say so.

Like the others have mentioned, they mostly don't ask, and it mostly doesn't matter. We're very different to, say, the US or UK on this point.


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## Mckennacam (Apr 22, 2013)

Hi There,

I wanted to know if the law has now changed? Can you still apply for a spouse visa while in SA on a tourist visa?

Thanks,
Mckenna


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## LegalMan (Dec 26, 2012)

Yes, you can.


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