# Work permit, then spousal visa



## Camria (Oct 23, 2013)

Hi,

This sounds similar to 'Spousal Visa and Work Permit', but the main difference is that I got a work permit, then came to South Africa and got married after a few months. So, I have some questions:

- Is it actually necessary for me to apply for the Spouse visa or can I skip that, since I have a work permit?
- If I have to, or should (because I'm married to a South African after all ), is it possible to get a spousal endorsement? (if there is such thing). Or would I have to get the visa and then apply for another work permit?
- If I apply for a spousal visa, would I 'lose' my current work permit? (this doesn't sound logical, but wanna confirm, just in case). 

Any additional advises to get this sorted as easy as possible will be much appreciated.


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## LegalMan (Dec 26, 2012)

It is not necessary in essence, however the spousal permit offers you a lot more scope. For example, it will be easier to move from company to company if you change jobs.

There is no such thing as a spousal endorsement.

You would not "lose your work permit", simply you would have a work endorsement on your spousal permit.


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## shumifan49 (Sep 18, 2013)

I am no lawyer, but it seems to me that staying on your work permit would be better from an independence point of view, as your visa will not be dependent on you being married (I know that sounds very negative, but I am a realist).


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## LegalMan (Dec 26, 2012)

> I am no lawyer, but it seems to me that staying on your work permit would be better from an independence point of view, as your visa will not be dependent on you being married (I know that sounds very negative, but I am a realist).


@shumifan49 is quite correct here.

However, as mentioned in my previous comment, changing companies would be very, very difficult.


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## Camria (Oct 23, 2013)

LegalMan said:


> It is not necessary in essence, however the spousal permit offers you a lot more scope. For example, it will be easier to move from company to company if you change jobs.
> 
> There is no such thing as a spousal endorsement.
> 
> You would not "lose your work permit", simply you would have a work endorsement on your spousal permit.


Yes, my husband told me about that, which is one of the reasons I'm looking forward to get it.

- But then, if I don't "lose my work permit", does that mean I can apply for my spousal permit normally (like without specifying anything else) and both would be valid?

- Or should I apply for the spousal permit, specifying the work endorsement to get a general work permit (I guess)?

The thing is that I don't know where to start. Specifically, I have an 'Intra-company transfer' work permit; and, I'm not sure if I should only apply for the spousal permit, or ask for both the spousal and a general work permit at the same time, or what should the process be for this case? 

In any case, thanks for your response, I appreciate it


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## LegalMan (Dec 26, 2012)

You cannot have two permits, you are always at any stage only on one permit.

So:


> - But then, if I don't "lose my work permit", does that mean I can apply for my spousal permit normally (like without specifying anything else) and both would be valid?


You apply for your Spousal Permit and will be issued with one, at which time the previous permit becomes invalid.



> - Or should I apply for the spousal permit, specifying the work endorsement to get a general work permit (I guess)?


The work endorsement gives you similar conditions as a General Work Permit, but it not the same.


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## shumifan49 (Sep 18, 2013)

LegalMan can advise on the following:
If you have an Intra-company visa, does that count towards getting permanent residence? 

If it does, I would recommend that you go down that route, as I would imagine that getting a work endorsement on a spousal visa will go through the normal scrutiny and might be refused. It also depends on the duration left on your current visa. The main objective would be to get permanent residency and, if you want, get naturalised.

Remember that, in the unfortunate event of you splitting with your husband or him passing away, a spousal visa terminates and you will have to leave the country. This might suit your requirements or not.

LegalMan confused me as in the one post he says that the spousal visa will not cancel the work permit but later that only one visa applies at a time. It would be good if he clarifies that.


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## LegalMan (Dec 26, 2012)

No permit "cancels" another permit. You only have one permit at any time. If you have a type of Work Permit, but then apply to change to a Relative's (Spousal) Permit, then as soon as it is approved, the Work Permit no longer applies.



> LegalMan can advise on the following:
> If you have an Intra-company visa, does that count towards getting permanent residence?


No, it doesn't.



> If it does, I would recommend that you go down that route, as I would imagine that getting a work endorsement on a spousal visa will go through the normal scrutiny and might be refused.


Why on Earth would it be refused? Being the spouse of a SA citizen allows you to work on a work endorsement, which cannot be refused unless in special circumstances.

@shumifan49 - Your comments are confusing the person asking the question. The only point you correctly make is that if she splits with her husband, she will have some difficulty, but not as you say. She can simply re-apply for a Work Permit, and not "lose everything" or "have to leave the country".

@Camria - For the best chance of Permanent Residence, definitely apply for the Relative's (Spousal) Permit as soon as possible. Please note:

*A spouse of a South African citizen or permanent resident can apply for permanent residence once married to them for 5 years.*


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## shumifan49 (Sep 18, 2013)

I apologise if created any confusion, it was not intended. As the intra-company visa does not count towards permanent residence, the recommended route would have to be a spousal visa with work endorsement.
Again, sorry if I created confusion, but that is why I asked for your comments.


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