# Spousal Visa - Clarity Needed



## matflat (Jan 19, 2012)

Hello there,
I registered on this site as I need some assistance in understanding exactly what the process is for obtaining a Spousal Visa for SA. The situation is as follows:

Married to a South African woman who travels on an SA passport and has Indefinite Leave to Remain visa for UK. We have been married for over 7 years and have been living in the UK together for the best part of 10/11 years. We have a three year old boy who travels on a UK passport.

I have done the following so far:

1) Radiological X-Ray - done and getting results back tomorrow.
2) Medical Report - Doctors appointment booked for tomorrow.
3) police Clearance Certificates ordered and will be here at the end of next week.

I have contacted departments in SA and the UK and also spoke to several visa fixers - no one has been able to give me a concrete process to follow and I am literally about to go mad.

I have completed the additional forms listed below and have also obtained the following documents to support the application:

1) BI-1738 - Application for Temporary Residence - filled in.
2) BI-1712A - Part completed - have several questions on this one.
3) Certified Copies of by sons Birth Certificates ordered from Registrars Office.
4) 2 Legalised copies of Marriage Certificates.
5) Signed copies of wife and sons passports - verified by Teacher - i.e. this is a true likeness etc etc.

What I need to know is what do I do when I have what I am waiting for?

1) Do I need to book an appointment with the SA Consulate in the UK and take all forms and copies of things to them?
2) Do I send it all in the post and to where?
3) From what I understand there is no cost for this as it is a Spousal Visa.

And can anyone help me with the completion of the BI-1712A Affidavit in respect of Parties to a Permanent Spousal Relationship form as it is an unholy contradiction of a form.

Lastly, what have I got to do to get my son all good with the visa people? What needs to be completed checked etc.

Honestly, I may as well have asked my cat for answers than the people I have spoken to. Everytime I asked the departments that should know it was a totally different story with each.

I don't know how I can repay anyone who helps for the time they spend replying but I will be forever grateful if someone can give it to me straight.

Thanks,
Mat.


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## Saartjie (Mar 1, 2010)

matflat said:


> Hello there,
> I registered on this site as I need some assistance in understanding exactly what the process is for obtaining a Spousal Visa for SA. The situation is as follows:
> 
> Married to a South African woman who travels on an SA passport and has Indefinite Leave to Remain visa for UK. We have been married for over 7 years and have been living in the UK together for the best part of 10/11 years. We have a three year old boy who travels on a UK passport.
> ...


Hey Mat, there is another thread on this forum where you should get most of your questions answered. It is called 'Spousal Visa and Work Permit'. Check that out and if you still have any questions, let me know as I have just gone through this process myself and so has many others here.


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## matflat (Jan 19, 2012)

Hi there, thanks for the link to the other postings.

I have read through them and I don't mean this in a horrible way, but I still need some more clarity.

Once I have all of my forms sorted and have copies of everything - do I need to make an appointment with the UK SA Consulate?

I'm trying to push the application through whilst my wife and son are still in SA - so I have copies of there documents but no originals until they get back at the end of February.

How do I ensure my son is on the application and what am I going to need to do for him in regards the forms?

Cheers and thanks for the help.

Mat.


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## Saartjie (Mar 1, 2010)

matflat said:


> Hi there, thanks for the link to the other postings.
> 
> I have read through them and I don't mean this in a horrible way, but I still need some more clarity.
> 
> ...


No worries. I have not applied through the Consulate in the UK but I know others that have. If I understand it correctly, you do not need an appointment but as it is usually VERY busy I would go there when they open. With regards to your documentation, if the consulate/embassy operates the same as Home Affairs here, I think you must bring all originals and certified copies. So I would wait until you've got the originals otherwise it might be a very wasted trip. Finally, with regards to your son, someone else was in the same position as you in that the child was born in the UK and therefore has a UK birth certificate and passport. They were told that the child cannot go on the parents application but needs a visa of their own. As your wife is SA citizen, you should try to sort out your son's SA passport and then you obviously do not need to apply for a visa for him as well. My daughter has dual citizenship and two passports, although she was born here in SA so the SA birth certificate and passport came automatically. 

Finally, as you have been married for 7 years, you are entitled to permanent residency. Why don't you apply for that instead? At the moment I am informed that PR comes through much quicker than TR (do not ask me why). PR would be so much better for you as you can live and work here for as long as you want (as long as you stay married that is). 

The only document you need to prove your relationship is your marriage certificate, you do not need an Affidavit in respect of Parties to a Permanent Spousal Relationship as far as I know.


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