# Applying for a study visa



## jumthab (Feb 12, 2015)

Hi legalman/Fynbos,

I am currently on an accompany spouse visa and will like to apply for a study visa. Will I be able to make the application here in SA or do I have to return to my home country to do this?


----------



## Fynbos (Jan 8, 2015)

Hi jumthab

Just to make 100% sure that when you say accompanying spouse, you are the spouse of a foreign national who has a visa for SA? In other words, you are not on an 11(6) visitor's visa which is issued to spouses of SA citizens?

I'm assuming the former is the case, but I just wanted to make doubly sure. 
If it is indeed the case (that your spouse is a foreign national), you will unfortunately not be able to apply from within the country. The reason being that you are not allowed to change status or conditions from a visitor's visa (or medical treatment visa) from within the country. This is confirmed to us based on our reading of the law and also a recent test-case (which fell in a bit of a grey area) that we submitted and was rejected on similar grounds.
You will have to go back to your country of origin or usual residence in order to submit a fresh application for a study visa.

Sorry for the potential bad news, but luckily the requirements for a study visa aren't that intense.


----------



## jumthab (Feb 12, 2015)

Thanks Fynbos.

Unfortunately, the former is the case.


----------



## Fynbos (Jan 8, 2015)

It's a pleasure.
Sorry for the bad news though.


----------



## shail12 (Dec 15, 2014)

Fynbos said:


> Hi jumthab
> 
> Just to make 100% sure that when you say accompanying spouse, you are the spouse of a foreign national who has a visa for SA? In other words, you are not on an 11(6) visitor's visa which is issued to spouses of SA citizens?
> 
> ...



Hello, If I am holding an ICT work permit, I have applied for the dependent visa for my wife and kid. Can I apply for the Study permit for my kid from SA once he arrives here on dependent visa?


----------



## Fynbos (Jan 8, 2015)

Hi Shail12

The same applies to your case. An accompanying dependent is a Section 11 Visitor's Visa and you are not allowed to change status from section 11 to any other category from within SA (except 11(6) perhaps, but that is not applicable to you at this stage). 
It seems very unfair and like a big effort, but you will have to go back to your country of usual residence to apply for the study visa.


----------



## LegalMan (Dec 26, 2012)

*The correct advice*



jumthab said:


> Hi legalman/Fynbos,
> 
> I am currently on an accompany spouse visa and will like to apply for a study visa. Will I be able to make the application here in SA or do I have to return to my home country to do this?


Hi jumthab, 

I have some great news for you! Fynbos is incorrect by saying that you have to return home. 
According to Section 9(9)(a)(ii) of the new regulations:
_" is an accompanying spouse or child of a holder of the business or work visa, who wishes to apply for a study or work visa: or"_

You are considered an exceptional circumstance and therefore you are legally allowed to submit your change of status in the RSA.


----------



## Fynbos (Jan 8, 2015)

Hi Jumthab and Shail12

I checked the regulations to which Legalman is referring and he is indeed correct!
No need to apply abroad granted that the holder of the initial visa is on a work or business visa.
Shail12, just to confirm, ICT falls under section 19(5) of the act which means it is considered a work visa.


----------



## shail12 (Dec 15, 2014)

Fynbos said:


> Hi Jumthab and Shail12
> 
> I checked the regulations to which Legalman is referring and he is indeed correct!
> No need to apply abroad granted that the holder of the initial visa is on a work or business visa.
> Shail12, just to confirm, ICT falls under section 19(5) of the act which means it is considered a work visa.


Thanks Fynbos & LegalMan. I am happy to hear that.


----------



## shail12 (Dec 15, 2014)

shail12 said:


> Thanks Fynbos & LegalMan. I am happy to hear that.


Just one more last curiosity, Can the kid go to school (grade 1) holding the study permit application receipt on hand. or he needs to wait for study permit to arrive.


----------



## Fynbos (Jan 8, 2015)

He needs to be on a valid study visa in order to go to school. He cannot go to school on a visitor's visa. According to the act, applying for a status does not bestow the privileges and rights of such status on upon the applicant until the visa has been issued.


----------



## jumthab (Feb 12, 2015)

Thanks Legalman and Fynbos for the clarification.

It is indeed great news!


----------

