# Work endorsement on Spouse visa



## Spiggles (Mar 19, 2014)

A happy new year to everyone

After a lot of confusion since may 2014, can somebody help me clarify?

As the new immigration law states, no more 'change of status' from Visitor or Medical visa within SA.
Does this mean, if you have 11(6) visitor's visa (Spouse + work endorsement), you cannot renew or change the status within SA? Or this affects only 'Tourist' type visitor's visa?

Any help would be appreciated!


----------



## capetonian101 (Jun 2, 2014)

Spiggles said:


> A happy new year to everyone
> 
> After a lot of confusion since may 2014, can somebody help me clarify?
> 
> ...


I almost want to say that I think it only apply to tourist.My wife also have a 11(6) visa.
it will be silly if they expect a wife or husband to go back to there home country to renew it.
anyway I would like legalman to confirm this.
with all the hassles we had with the visa's these days


----------



## Spiggles (Mar 19, 2014)

capetonian101 said:


> I almost want to say that I think it only apply to tourist.My wife also have a 11(6) visa.
> it will be silly if they expect a wife or husband to go back to there home country to renew it.
> anyway I would like legalman to confirm this.
> with all the hassles we had with the visa's these days


I agree with you, but in practice, who knows...


----------



## SayansiScope (Apr 19, 2014)

Spiggles said:


> I agree with you, but in practice, who knows...


Similar question has been answered by Legalman sometime ago see the link below:

http://www.expatforum.com/expats/so...visa-visitor-relative-question-legal-man.html

But anyway, lets hear what he will say this time...:fingerscrossed:


----------



## joe117 (Sep 10, 2012)

Good day,


There is no need for your spouse to go back to their home country in such a case.They can apply for change of status here in South Africa. My spouse did this exact process and changed to a Critical Visa here in South Africa.


----------



## SayansiScope (Apr 19, 2014)

joe117 said:


> Good day,
> 
> 
> There is no need for your spouse to go back to their home country in such a case.They can apply for change of status here in South Africa. My spouse did this exact process and changed to a Critical Visa here in South Africa.


Thanks joe117,

When did your spouse change the Visa?


----------



## joe117 (Sep 10, 2012)

September 2014


----------



## SayansiScope (Apr 19, 2014)

joe117 said:


> September 2014


Great...


----------



## LegalMan (Dec 26, 2012)

Spiggles said:


> A happy new year to everyone
> 
> After a lot of confusion since may 2014, can somebody help me clarify?
> 
> ...


You can change from this visa from within SA.


----------



## Spiggles (Mar 19, 2014)

Thank you everyone for your kind help!

I am glad that "change of status" is possible within SA for the 11(6) visa.

Another thing is...
I know that Life Partners need to have an interview for the Relative (Life Partner) visa application in order to demonstrate their relationship is real. ( I have experienced this process).
Does anybody know if a married couple needs to have an interview as well for Relative (spouse) visa application?


----------



## LegalMan (Dec 26, 2012)

Spiggles said:


> Thank you everyone for your kind help!
> 
> I am glad that "change of status" is possible within SA for the 11(6) visa.
> 
> ...


Yes, depends on the exact embassy or place of admission. Mainly it's to see the two people in real life.


----------



## Spiggles (Mar 19, 2014)

LegalMan said:


> Yes, depends on the exact embassy or place of admission. Mainly it's to see the two people in real life.


Thank you for your reply LegalMan.

If the applicant is applying for a Relative (spouse) visa in SA as she is a holder of TPR currently, does she and myself as her husband have to go to an interview with DHA or VFS?

In the new immigration law, it states that "Both partners to a homosexual or heterosexual relationship must be interviewed
separately, on the same date and time, to determine the authenticity of the existence of their relationship." - doesn't it only apply to Life Partners?


----------



## LegalMan (Dec 26, 2012)

For your first question: In SA, you can only apply at VFS.

For your second question: I've already answered this - you asked it originally. It depends on where you submit and yes, it can be required.


----------



## zizebra (Mar 11, 2012)

In my wife's case. It appears that you cannot change your status here in SA. My wife had visitors(accompanying spouse) visa which we needed to renew and apparently we completed the renewal on a relative visa (spouse). The outcome was a rejection citing that change of visa category is not allowed in SA.


----------



## LegalMan (Dec 26, 2012)

zizebra said:


> In my wife's case. It appears that you cannot change your status here in SA. My wife had visitors(accompanying spouse) visa which we needed to renew and apparently we completed the renewal on a relative visa (spouse). The outcome was a rejection citing that change of visa category is not allowed in SA.


Aha - an Accompanying Spouse Visa cannot be changed in SA. It is a Visitor's Visa.

A "Spousal Visa" or Relative's Visa (Spouse) can be changed from within SA.


----------



## Spiggles (Mar 19, 2014)

LegalMan said:


> Aha - an Accompanying Spouse Visa cannot be changed in SA. It is a Visitor's Visa.
> 
> A "Spousal Visa" or Relative's Visa (Spouse) can be changed from within SA.


11(6)(Spouse with work endorsement) is also a visitor's visa, when you apply for 11(6), it does not say Spousal visa but Visitor's visa. 

Both 'Accompanying Spouse' and 'Spouse with endorsement'are Visitor's visa, yet you say one cannot change in SA and one can?


----------



## zizebra (Mar 11, 2012)

Well it does appear that as long as your Visa is Visitors Visa then you cannot change it here in SA


----------



## capetonian101 (Jun 2, 2014)

here is the visa that was issued to my wife.
She had a spouse visa and now with the endorsement on it states visitor?
what is worrying me is that it doesn't say anything about working...


----------



## joe117 (Sep 10, 2012)

This now all sounds confusing but I can confirm that my Spouse changed from a visitors visa (type- accompanying husband on work permit) to a critical skills visa here in SA (submitted at VFS JHB office) in Sep 2014.


----------



## SayansiScope (Apr 19, 2014)

Spiggles said:


> 11(6)(Spouse with work endorsement) is also a visitor's visa, when you apply for 11(6), it does not say Spousal visa but Visitor's visa.
> 
> Both 'Accompanying Spouse' and 'Spouse with endorsement'are Visitor's visa, yet you say one cannot change in SA and one can?


You are absolutely right and to put things into perspective one should know that there are two types of visitor visas; namely Section 11(1) and Section 11(6):

*Visitor's Visa Section 11(1)*
Any other applicant who is a spouse or child of a person who is in possession of any Visa (except Crew and Corporate Visa) can apply for a Visitor's visa section 11(1) for a period exceeding three months and not exceeding three years, and cannot apply for a Relative's visa.

*Visitor's Visa Section 11(6)*
Visitor's visa section 11(6) is ONLY issued to a Spouse of a South African citizen or permanent residence holder who is in possession of a Relative's visa. Such person must apply for a Visitor's visa section 11(6) to allow him or her to work, study or conduct business. It cannot be issued to any other dependent person (brother, sister, mother, father, etc).

From the above you can clearly see that the so-called Relative/Spousal Visa is in-fact Section 11(6) and I think this can be changed within RSA.


----------



## SayansiScope (Apr 19, 2014)

Sciencescope said:


> You are absolutely right and to put things into perspective one should know that there are two types of visitor visas; namely Section 11(1) and Section 11(6):
> 
> *Visitor's Visa Section 11(1)*
> Any other applicant who is a spouse or child of a person who is in possession of any Visa (except Crew and Corporate Visa) can apply for a Visitor's visa section 11(1) for a period exceeding three months and not exceeding three years, and cannot apply for a Relative's visa.
> ...


It is important to note the attached conditions as well: To "Reside" with SAC spouse _Vs._ To "Accompany" SAC spouse. ...Accompanying treated as purely visiting...!!!!


----------



## SayansiScope (Apr 19, 2014)

zizebra said:


> In my wife's case. It appears that you cannot change your status here in SA. My wife had visitors(accompanying spouse) visa which we needed to renew and apparently we completed the renewal on a relative visa (spouse). The outcome was a rejection citing that change of visa category is not allowed in SA.


So here it look like you clearly wanted to change/renew from Section 11(1) to Section 11(6)...


----------



## zizebra (Mar 11, 2012)

Visitor's Visa Section 11(6)
Visitor's visa section 11(6) is *ONLY issued to a Spouse of a South African citizen or permanent residence* holder who is in possession of a Relative's visa. Such person must apply for a Visitor's visa section 11(6) to allow him or her to work, study or conduct business. It cannot be issued to any other dependent person (brother, sister, mother, father, etc).

I am not in agreement. There is a condition on 11(6)
I can understand that there is people smoking socks at home affairs


----------



## SayansiScope (Apr 19, 2014)

capetonian101 said:


> here is the visa that was issued to my wife.
> She had a spouse visa and now with the endorsement on it states visitor?
> what is worrying me is that it doesn't say anything about working...


Bit strange!
It does not state whether it is under Section 11(1) or Section 11(6), usually they write "Visitors Section...."


----------



## capetonian101 (Jun 2, 2014)

Sciencescope said:


> Bit strange!
> It does not state whether it is under Section 11(1) or Section 11(6), usually they write "Visitors Section...."


yea I know im just busy now trying to get an appointment at VFS.the dha helpline advised me.
but looks like VFS website is down again


----------



## capetonian101 (Jun 2, 2014)

is there maby someone out there that can post a pic of how the visa should look like?the working and so on.no bank want to open an account for her because it says visitor on the bloody visa


----------



## SayansiScope (Apr 19, 2014)

capetonian101 said:


> is there maby someone out there that can post a pic of how the visa should look like?the working and so on.no bank want to open an account for her because it says visitor on the bloody visa


Hi capetonian101,

They were supposed to specify the type of your Visitors visa, please see the attached example below:


----------



## capetonian101 (Jun 2, 2014)

Sciencescope said:


> Hi capetonian101,
> 
> They were supposed to specify the type of your Visitors visa, please see the attached example below:


thanks.yea they clearly made I f... up .im so bloody tired of this all.
we are starting to consider moving to Europe because of all this


----------



## Fynbos (Jan 8, 2015)

Sorry to hear that it's been such an onerous process. I'm sure many other people are contemplating the same thing.


----------



## SayansiScope (Apr 19, 2014)

capetonian101 said:


> thanks.yea they clearly made I f... up .im so bloody tired of this all.
> we are starting to consider moving to Europe because of all this


Please don't give up, you can request for your visa amendments as some have already suggested here...


----------



## Bwixie (Mar 11, 2014)

To digress a little...my son is on a visitor's visa which we got when i was still on an exceptional skills permit. I now hold a permanent residence permit and I'm gathering documents for my son's PRP. Do we have to return to our home country to apply?


----------



## LegalMan (Dec 26, 2012)

Bwixie said:


> To digress a little...my son is on a visitor's visa which we got when i was still on an exceptional skills permit. I now hold a permanent residence permit and I'm gathering documents for my son's PRP. Do we have to return to our home country to apply?


No! You can safely do this in SA.


----------



## danny1980 (Jan 19, 2015)

Please help

I have a relatives permit (married to a sa citizen) which is still valid for the next two years. i have a work endorsement which is expiring in feb 2015. For what type of visa am i suppose to apply? i just need to work. so many options and are very confusing.


----------



## LegalMan (Dec 26, 2012)

Hi Danny1980, 

No need to worry, I will help you. 

Do you mean you have a work offer that is expiring in February?


----------



## danny1980 (Jan 19, 2015)

LegalMan said:


> Hi Danny1980,
> 
> No need to worry, I will help you.
> 
> Do you mean you have a work offer that is expiring in February?


My work visa is expiring. I'm on relatives visa-spousal and Visitors visa 11(6) which is expiring in February this year. I'm confused on the VFS website whether to apply for a renewal on my existing work visa or is it a total new application? Thank you very much!


----------



## Bloemie (Nov 14, 2014)

Hi LegalMan,

My wife is on a relative visa (TRP) and she has recently found a job. When she applied for the relative visa, she didn't apply for a work endorsement at the time.

We are now both in South Africa, can she apply for this in South Africa and what is the general process in getting her visa endorsed?

I appreciate your help.


----------



## LegalMan (Dec 26, 2012)

danny1980 said:


> My work visa is expiring. I'm on relatives visa-spousal and Visitors visa 11(6) which is expiring in February this year. I'm confused on the VFS website whether to apply for a renewal on my existing work visa or is it a total new application? Thank you very much!



Hi danny1981, 

Thank you for your response. The reason I ask, is because a relative's spousal visa falls under Section 18 and one cannot work on that visa. From the information you have provided indicates that you are on a valid Section 11(6) visa, which is a long stay visitor's visa on the basis of being in a spousal type relationship with a SAC and with the right to work. 

In answer to your question your, you need to apply for a renewal of your current visa, which actually is a whole repeat application. I suggest doing this with haste.


----------

