# Renew Visitors Visa or Relatives Visa?



## db29 (Sep 23, 2014)

My Current Visa is Visitors Visa Section 11(6). It is due to expire soon, do I renew this or apply for a Relatives Visa (spouse)? My partner is South African.

Please help! Thank you!


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## Chimichuri (Feb 15, 2019)

db29 said:


> My Current Visa is Visitors Visa Section 11(6). It is due to expire soon, do I renew this or apply for a Relatives Visa (spouse)? My partner is South African.
> 
> Please help! Thank you!


Depending on how many years you've been married.

Plus you cannot change a visitors visa into a relatives visa in SA. You will have to go back to the UK to apply for it


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## db29 (Sep 23, 2014)

Hi, we have been married for 7 years and we have a 4 year old daughter. I will apply for a visitors visa in South Africa. Is that the best choice for me right now? Do I also need to submit a birth certificate for my daughter if applying for the Visitor Visa renewal for myself?

I would like to apply for PR but I know that it maybe cutting it close in terms of my current visa's expiration date. Am I allowed to be in the country while my visitors visa is being processed?

Thank you for the advice. I'm very stressed and just want to make the right decision.


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## Jack14 (Oct 26, 2014)

db29 said:


> Hi, we have been married for 7 years and we have a 4 year old daughter. I will apply for a visitors visa in South Africa. Is that the best choice for me right now? Do I also need to submit a birth certificate for my daughter if applying for the Visitor Visa renewal for myself?
> 
> I would like to apply for PR but I know that it maybe cutting it close in terms of my current visa's expiration date. Am I allowed to be in the country while my visitors visa is being processed?
> 
> Thank you for the advice. I'm very stressed and just want to make the right decision.


I suggest you apply for a Visitor visa Section 11(6), it is valid for 3 years while relative Visa is valid for only 2 years

With relative visa Application you have to submit proof of your spouse income which must be R8500.00 minimum per Month, Proof of spouse income is not a requirement for Visitor visa 11(6)

With Visitor Visa 11(6) you can request permission to work or conduct own business, that is not possible with relative visa

Your renewal application must be submitted at least 60 days before the current visa expire 

You should add your child's birth Certificate to the application, it will add weight to your application, it proves that your relationship is genuine 

Processing time for Permanent residence permit is between 8 Month to 24 Months, you must have a legal status in the country at all time

I am also using Visitor Visa 11(6)


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## db29 (Sep 23, 2014)

Thanks for the reply.

My visitors visa expires on August 15. If I apply to get it renewed this week or early next week do you think it will arrive before then?

If it doesnt arrive before August 15 am I able to stay legally in the country? Because it is still in process


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## db29 (Sep 23, 2014)

"The affidavit where a spousal relationship to a South African citizen or resident is applicable as well as documentation proving cohabitation and the extent to which the related financial responsibilities are shared by the parties and setting out the particulars of children in the spousal relationship."

I have a lease with both me and my wifes name on. Do I need to provide bank statements and letter regarding the care of our daughter?

Thank you


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## Jack14 (Oct 26, 2014)

db29 said:


> Thanks for the reply.
> 
> My visitors visa expires on August 15. If I apply to get it renewed this week or early next week do you think it will arrive before then?
> 
> If it doesnt arrive before August 15 am I able to stay legally in the country? Because it is still in process


If you apply for renewal this week or next week it will surely be out before 15 August, the processing time is 8 to 10 weeks, my last renewal was processed in 8 weeks, the sooner you apply the better 

If it doesnt arrive by 15 August you may stay and wait for it but it is not advisable for the following reasons

1. If the application is rejected you can not reapply without a Valid visa, you can only Appeal and appeals take very long to process (1 to 2 years)

2. If you leave the country without a Valid visa you will be declared undesirable and banned for 1 or 5 years depending on the number of days you stayed without a valid visa


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## Jack14 (Oct 26, 2014)

db29 said:


> "The affidavit where a spousal relationship to a South African citizen or resident is applicable as well as documentation proving cohabitation and the extent to which the related financial responsibilities are shared by the parties and setting out the particulars of children in the spousal relationship."
> 
> I have a lease with both me and my wifes name on. Do I need to provide bank statements and letter regarding the care of our daughter?
> 
> Thank you



1. The Affidavit and Cohabitation document doesn't apply to you if you are Married, the Affifavit and Cohabitation document is for life partners who are not Married 


2. It is not a requirement but it is advisable to add any document that will proof the relationship is genuine


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## a4xiaoxiami (May 17, 2018)

db29 said:


> Thanks for the reply.
> 
> My visitors visa expires on August 15. If I apply to get it renewed this week or early next week do you think it will arrive before then?
> 
> If it doesnt arrive before August 15 am I able to stay legally in the country? Because it is still in process


Hi, db29,

According to my past experience, you can legally stay in SA as long as you submit your visitor's visa renewal/extension application before expiry date of the existing one, while waiting for the result.

If the application is refused, you can:
1. leave the country within 7 days (I'm not so sure about the number of days, but at least one week). You will not be blacklisted by this; OR

2. Appeal the decision and stay in SA legally while waiting for the result of the appeal.

If the appeal fails, you can leave the country within 7 days (again not so certain about the number, but one week at least). You will not be blacklisted either.

Then you can apply the visa again when get into your home country.

In terms of visitor's visa, it usually takes a couple of weeks to get the result either within or outside of SA.

I consulted with several agents and all of them said the same as above before. Just couldn't remember the exact number days you can stay after the application is refused.

If you want to apply for permanent residency while you are in SA, you need to make sure you can legally stay in SA all the time while waiting for the result of your PR application. Otherwise, the application will be immediately invalidated/refused.

Nowaday, it usually takes about 2 year for a spouse to get a permanent resident visa. So maybe applying for another 3 year visitor visa 11(6) is a better choice. You can immediately apply for PR after you sucsussfully renew your visitor's visa.

Good luck with your applications!


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## db29 (Sep 23, 2014)

Hi, 

Is the Visa number the control number?

Thanks!


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## Jack14 (Oct 26, 2014)

Yes, the control Number is the Visa number


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## db29 (Sep 23, 2014)

Thank you so much for the replies!

Does it matter if the job offer is part time and that it is low pay? Also does the offer need to state these things?

Thank you!


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## db29 (Sep 23, 2014)

Hi, 

My application for Visa 11(6) was received at DHA on May 28th but I haven't heard anything yet, should I be worried?


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## Rudo (Aug 30, 2018)

db29 said:


> Hi,
> 
> My application for Visa 11(6) was received at DHA on May 28th but I haven't heard anything yet, should I be worried?


hi

no you shouldn't worry. 

you can contact them and track your application through the DHA contact centre number.


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## db29 (Sep 23, 2014)

Thanks for the reply, I still haven't heard any news and will call them.


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## terryZW (Jun 26, 2017)

db29 said:


> Thanks for the reply, I still haven't heard any news and will call them.


Have you received your visa now?


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## db29 (Sep 23, 2014)

I called the VFS office and they said that my application is still in the process at the DHA 

My visa is due to expire in a few weeks, but the lady on the phone told me that I can still stay in the country past my expiry date whilst I'm still waiting for the decision for the application. Is she correct?

Thanks!


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## Portak (Sep 10, 2014)

Hi All.

I submitted a PR application for my wife in January 2018 but still no response received. I followed up and was told it's at 2nd quality assurance stage but I just realized that her relatives permit has about 40 days to expire. I have made the application on VFS for extension and noted it says extension should have been submitted not less than 60 days. My question is how strict are they with this requirement and will they receive it if I submit to VFS? Thanks in advance


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## a4xiaoxiami (May 17, 2018)

db29 said:


> ...
> My visa is due to expire in a few weeks, but the lady on the phone told me that I can still stay in the country past my expiry date whilst I'm still waiting for the decision for the application. Is she correct?
> 
> Thanks!


My agent told me so, too. 

But I have never tried it myself or anyone else that I know tried it.

I heard on the web someone did it but was put into the undesirable persons' name list when she tried to leave the country at border by an officer working at the airport.

She appealed the decision while she was staying in Europe and successfully won the case in the end. However, thinking about all the panic and anxiety, maybe you should do anything possible to avoid it in the first place.

Anyway, you might still get the extension before the expiry. Finger crossed :fingerscrossed:


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## mawire (Jan 27, 2018)

a4xiaoxiami said:


> I heard on the web someone did it but was put into the undesirable persons' name list *when she tried to leave the country at border by an officer working at the airport.*


She tried to leave the country, that's what got her banned. As long you stay in the country until you get the VFS out come, you are safe. When the VFS outcome is negative, you are given 10 days to leave the country, ban free.


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## a4xiaoxiami (May 17, 2018)

mawire said:


> She tried to leave the country, that's what got her banned. As long you stay in the country until you get the VFS out come, you are safe. When the VFS outcome is negative, you are given 10 days to leave the country, ban free.


I might be wrong, but my understanding is that her application for extension/renewal was refused first and then she left within the permitted 10 day grace period, and she was still put into the undesirable name list at the airport.

Anyway, she won the appeal in the end and was delisted from the undesirable name list.


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## a4xiaoxiami (May 17, 2018)

Portak said:


> Hi All.
> 
> ...I have made the application on VFS for extension and noted it says extension should have been submitted not less than 60 days. My question is how strict are they with this requirement and will they receive it if I submit to VFS? Thanks in advance


Hi,

The nowaday practise is that as long as you submit your application for extension/renewal before the expiry date, VFS and DHA will take the application and process it.

I did it myself and I knew a few people did it, too. There was not any problem at all at VFS.


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## Portak (Sep 10, 2014)

Thank you so much.


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## saffalass (Sep 28, 2014)

db29 said:


> I called the VFS office and they said that my application is still in the process at the DHA
> 
> My visa is due to expire in a few weeks, but the lady on the phone told me that I can still stay in the country past my expiry date whilst I'm still waiting for the decision for the application. Is she correct?
> 
> Thanks!


How long did you end up waiting in the end? We're in this same limbo at the moment.


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## db29 (Sep 23, 2014)

saffalass said:


> db29 said:
> 
> 
> > I called the VFS office and they said that my application is still in the process at the DHA
> ...


It took over 4 months.


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## EL Capitan (Sep 10, 2018)

Chimichuri said:


> Depending on how many years you've been married.
> 
> Plus you cannot change a visitors visa into a relatives visa in SA. You will have to go back to the UK to apply for it


Correct me if I'm wrong, but I think this rule has been recently amended... You're now allowed to change status from a visitors visa If your spouse holds a permanent resident or is South African.


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## mawire (Jan 27, 2018)

EL Capitan said:


> Correct me if I'm wrong, but I think this rule has been recently amended... You're now allowed to change status from a visitors visa If your spouse holds a permanent resident or is South African.


 Yes, that comment was before the change.


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## EL Capitan (Sep 10, 2018)

Jack14 said:


> I suggest you apply for a Visitor visa Section 11(6), it is valid for 3 years while relative Visa is valid for only 2 years
> 
> With relative visa Application you have to submit proof of your spouse income which must be R8500.00 minimum per Month, Proof of spouse income is not a requirement for Visitor visa 11(6)
> 
> ...



Good day, Do you need to have an employment offer in order to apply for Visitor Visa 11(6) with permission to work? My wife and daughter are coming to SA and I'm currently holding a PRP. Can I apply for 11(6) for them ? My daughter was born here and has a birth certificate. My wife and I are married it's only been 1year.
Anyone's help will be much appreciated.


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## EL Capitan (Sep 10, 2018)

mawire said:


> Yes, that comment was before the change.


Thanks Mawire


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## mawire (Jan 27, 2018)

EL Capitan said:


> Good day, Do you need to have an employment offer in order to apply for Visitor Visa 11(6) with permission to work? My wife and daughter are coming to SA and I'm currently holding a PRP. Can I apply for 11(6) for them ? My daughter was born here and has a birth certificate. My wife and I are married it's only been 1year.
> Anyone's help will be much appreciated.


Check under documents for requirements on vfs.


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## terryZW (Jun 26, 2017)

EL Capitan said:


> Good day, Do you need to have an employment offer in order to apply for Visitor Visa 11(6) with permission to work? My wife and daughter are coming to SA and I'm currently holding a PRP. Can I apply for 11(6) for them ? My daughter was born here and has a birth certificate. My wife and I are married it's only been 1year.
> Anyone's help will be much appreciated.


Yes. 11(6) is is specifically meant to allow you to work, study or run a business. If you are not working you apply for the Relatives (Spouse) visa.


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## a4xiaoxiami (May 17, 2018)

EL Capitan said:


> Correct me if I'm wrong, but I think this rule has been recently amended... You're now allowed to change status from a visitors visa If your spouse holds a permanent resident or is South African.


Hi, El Capitan,

In one way, it is true that the Constitutional Court has ruled that the Immigration Regulations unconstitutional in terms of refusing the spouse/child of a SA citizen or PR to change its visitor's visa in SA. However, on the other hand, the court suspended this order and gave Parliament *TWO YEARS* to correct this defect.

https://www.dailymaverick.co.za/art...ousal-visas-will-help-keep-families-together/

Up till now, at the VFS's website, it still reads:“No person holding a visitor's visa may apply for a change of status to his or her visa while in the Republic, unless...”,; and exceptions do not include being a spouse/child of a SA citizen/PR.

https://www.vfsglobal.com/dha/southafrica/visitor-visa-11.html

So please check the latest development in terms of this issue with VFS/DHA directly to confirm before you apply.

You might need to apply for a relative visa first for your spouse and along with an endorsement for work (visitor visa 11.6) at the same time. But I'm 100% sure about it.


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## a4xiaoxiami (May 17, 2018)

EL Capitan said:


> Good day, Do you need to have an employment offer in order to apply for Visitor Visa 11(6) with permission to work? My wife and daughter are coming to SA and I'm currently holding a PRP. Can I apply for 11(6) for them ? My daughter was born here and has a birth certificate. My wife and I are married it's only been 1year.
> Anyone's help will be much appreciated.


1. In terms of the employment offer.

Yes. You need to obtain a job offer first before you can apply for visitor visa 11(6). Actually, that's one of the downsides of Visitor visa 11(6). It is tied to a specific employer and a specific role of the employment. If either is changed, you need to apply for a new endorsement (11.6).

2. Applicant of visitor visa 11(6). They need to apply for the visa in their own names. You, being the spouse and PR holder, should submit a letter to show your support to their applications.

https://www.vfsglobal.com/dha/southafrica/visitor-visa-11.html


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## Drnl (Sep 4, 2016)

Hello everyone 
Please i need help 
I was on a relative visa(spouse) for 4 years from 2014 to 2018 because the dha was giving a 2 years visa which i renew twice 
In 2018 my passport expired along with my visa because i could not renew it on time and on my march 2019 i got a brand new passport and lost the old and expired one
What should i do because vfs doesn't want to take an application of an expired visa
And what is a visitor visa section 11(6)?


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## Drnl (Sep 4, 2016)

I also applied for PRP since April 2017
I have been married to an SA citizen for 8 years with a 9 year old son


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## EL Capitan (Sep 10, 2018)

a4xiaoxiami said:


> Hi, El Capitan,
> 
> In one way, it is true that the Constitutional Court has ruled that the Immigration Regulations unconstitutional in terms of refusing the spouse/child of a SA citizen or PR to change its visitor's visa in SA. However, on the other hand, the court suspended this order and gave Parliament *TWO YEARS* to correct this defect.
> 
> ...


Thanks for your replies, I really appreciate it.
I will apply for a relative visa and give a feedback on the outcome...
Do I add them on my own vfs profile and make an appointment with vfs, or do they apply in their own names in a separate profile?


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## a4xiaoxiami (May 17, 2018)

EL Capitan said:


> Thanks for your replies, I really appreciate it.
> I will apply for a relative visa and give a feedback on the outcome...
> Do I add them on my own vfs profile and make an appointment with vfs, or do they apply in their own names in a separate profile?


They need to apply the visas in their own names.

I think your wife and kids are outside of South Africa right now, so they need to apply for the visas in their home country by themselves. You cannot submit the application at VFS in South Africa on their behalf.


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## a4xiaoxiami (May 17, 2018)

EL Capitan said:


> Thanks for your replies, I really appreciate it.
> I will apply for a relative visa and give a feedback on the outcome...
> Do I add them on my own vfs profile and make an appointment with vfs, or do they apply in their own names in a separate profile?


Hi, El Capitan,

I checked the details of the decision of High Court: Nandutu and Others v Minister of Home Affairs and Others

Nandutu and Others v Minister of Home Affairs and Others (CCT114/18) [2019] ZACC 24; 2019 (8) BCLR 938 (CC) ; 2019 (5) SA 325 (CC) (28 June 2019)

The wording for the order issued by High Court is as follows:

"“(a) Regulation 9(9)(a) of the Immigration Regulations GNR 413 GG 37679, 22 May 2014 (Immigration Regulations) is declared to be inconsistent with the Constitution and therefore invalid, to the extent that the rights accorded by means of the exceptional circumstances contemplated in section 10(6)(b) of the Immigration Act 13 of 2002 are not extended to the foreign spouse or child of a South African citizen or permanent resident.

(b) The declaration of invalidity is suspended for 24 months from the date of this order.

(c)* During the period of suspension, the following is to be read into regulation 9(9)(a) of the Immigration Regulations:

‘(iii) is the spouse or child of a South African citizen or permanent resident.’
*
(d) Should the defect not be remedied within the period of suspension, the interim reading-in shall become final...”

If so, actually your spouse/child should be able to change their visitors' visas status to others now.

Sorry for the confusion. VFS's website should have been updated in accordance with the court order.


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## EL Capitan (Sep 10, 2018)

Jack14 said:


> I suggest you apply for a Visitor visa Section 11(6), it is valid for 3 years while relative Visa is valid for only 2 years
> 
> With relative visa Application you have to submit proof of your spouse income which must be R8500.00 minimum per Month, Proof of spouse income is not a requirement for Visitor visa 11(6)
> 
> ...





a4xiaoxiami said:


> Hi, El Capitan,
> 
> I checked the details of the decision of High Court: Nandutu and Others v Minister of Home Affairs and Others
> 
> ...


Hi a4xiaoxiami,

Thanks for clarifying, I really appreciate it


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## EL Capitan (Sep 10, 2018)

a4xiaoxiami said:


> They need to apply the visas in their own names.
> 
> I think your wife and kids are outside of South Africa right now, so they need to apply for the visas in their home country by themselves. You cannot submit the application at VFS in South Africa on their behalf.


Actually, my wife and daughter received their visitor visas back home, and they will land in SA this week... They went home specifically to obtain the visa so that We change its status once they come back in SA, that was the plan... and still is.
Now, This lady I know that works for an immigration agency advised me I should use my own profile to book an appointment at VFS.... That's the one thing I'd like to double check... Can i do that or should I create their own separate profiles?


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## Drnl (Sep 4, 2016)

Hello 
How long did that visitor's visa take to be issued?
I'm planning to go home and apply for one.
And what are the documents required?


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## EL Capitan (Sep 10, 2018)

EL Capitan said:


> Actually, my wife and daughter received their visitor visas back home, and they will land in SA this week... They went home specifically to obtain the visa so that We change its status once they come back in SA, that was the plan... and still is.
> Now, This lady I know that works for an immigration agency advised me I should use my own profile to book an appointment at VFS.... That's the one thing I'd like to double check... Can i do that or should I create their own separate profiles?



I called the VFS helpline and the person I spoke to confirmed that We can apply for relative visas using visitors visa. He also confirmed that I should use my own profile, add them and book an appointment.
I'll give a feedback on how it goes...


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## EL Capitan (Sep 10, 2018)

Drnl said:


> Hello
> How long did that visitor's visa take to be issued?
> I'm planning to go home and apply for one.
> And what are the documents required?


It could take up to two weeks... But you have to do it in Lubumbashi. Inbox me if you need more details.


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## Drnl (Sep 4, 2016)

Hello El capitan
Yes,please give your email address so i can inbox you
I need to go to Lubumbashi this month and apply from there


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## Drnl (Sep 4, 2016)

Hi El capitan
That visitor's visa ist it the one for 3 yearsor just 3 months


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