# Great Info about Spousal Permit and Work Endorsement



## Saartjie (Mar 1, 2010)

Hi Guys,

Just wanted to share something which might be of interest to anyone who is applying for a Spousal Permit with Work Endorsement.

As you know the usual 'problem' with a SP work endorsement is that it is job specific so if you need to change jobs then you must get a new endorsement and therefore make a whole new application.

I have found a way around this, sort of, and wanted to let you know so if you are in the same position as I was then you could try to do the same.

I had a work endorsement for my previous employer (that application took about 10 months). I was offered a new job which I really wanted to take so I decided to take the chance and quit my old job and applied for a new endorsement for my new job. The thing was that my new employer wanted me to start asap and since my previous application had taken so long I was really nervous that this new application was going to take the same amout of time which would mean that my new employer would not want to wait for my permit to come through which would mean that I would sit with no job and a permit for an employer who no longer wanted to employ me.

I spoke to my immigration lawyer who was dealing with my application and they suggested that rather than making the application for the specific employer we would instead make the application for my 'field of work'. So instead of inserting the employer and supplying an employment contract etc, all they did was stating that I wanted a work endorsement to work in the following fields (which covers my new job and any other job that I might want to do in the future should I need to change employer): Legal/Finance/Banking/ Real Estate.

The above permit has now been issued to me with the above work endorsement. I have started the new job so I did not need to look for another one but should I need to get another job (not that I intend to do this voluntarily as I love my new job) then I do not need to make another application as my work endorsement will still be valid provided that I stay within the same line of work which is rather wide so allows a lot of flexibility.

All Home Affairs asked upon application was if I was qualified to work in all the areas stated and as I could evidence my qualifications which degrees and work experience, it was not a problem.

So, I hope the above can help someone as every application to HA is such hard work, and if you can avoid going back there every time that you need a work endorsement this can only be good. 

Obviously the above relates to a TR so when the same expires (in two years time) I will need to renew like everyone else although I sincerely hope that my PR will have come through by then (its been 14 months since I applied now).

If anyone wants any more information about the above, let me know.

Hope everyone has had a lovely holiday.

Saartjie


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## LegalMan (Dec 26, 2012)

Yes, this is correct, congrats!

Just be aware that if the Home Affairs representative is fully alert, you may not be able to get away with this. Also, as Saartjie mentions, you may also be asked to provide some sort of proof of your abilities.

On a side note, Saartjie, if your PR has taken that long to arrive, have you checked that it hasn't been lost?


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## Saartjie (Mar 1, 2010)

LegalMan said:


> Yes, this is correct, congrats!
> 
> Just be aware that if the Home Affairs representative is fully alert, you may not be able to get away with this. Also, as Saartjie mentions, you may also be asked to provide some sort of proof of your abilities.
> 
> On a side note, Saartjie, if your PR has taken that long to arrive, have you checked that it hasn't been lost?


Yes I totally agree that one must be careful. I would probably go as far as saying you should only make this kind of application if you are assisted by an immigration lawyer or immigration company/expert who knows how to state your case.

With regards to my PR, my lawyers are dealing with it and as far as they are aware it has not been lost (although this is always a possibility) but as the waiting time when I applied was stated to be up to 2 years I have kind of settled down to just wait for it. As I now have my TR until Dec 2014 I don't feel too stressed about it.


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## LegalMan (Dec 26, 2012)

Hi Saartjie

That sounds fine. Yes, it can take 2 years, but I notice that it never takes that long if you follow up and have applied correctly. The longest I have experienced is 15 months.

The main thing is to use lawyers and not immigration practitioners. Should I make a post on this topic?


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## Jujube (Sep 12, 2011)

Hi LegalMan,
I would be interested to hear why you're recommending a lawyer instead of immigration practitioner? Does that have anything to do with delay or follow-up?


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## Saartjie (Mar 1, 2010)

LegalMan said:


> Hi Saartjie
> 
> That sounds fine. Yes, it can take 2 years, but I notice that it never takes that long if you follow up and have applied correctly. The longest I have experienced is 15 months.
> 
> The main thing is to use lawyers and not immigration practitioners. Should I make a post on this topic?


I totally agree with you that you should use immigration lawyers rather than practitioners. I am a lawyer myself (although not immigration specialist) so I guess I am a bit biased but from experience, most immigration lawyers focuses on the law and applies their knowledge of the same whilst practitioners focuses on their fees but have no knowledge (I might be generalising here but that's my experience).

I actually did speak to my lawyers after your post this morning just to reassure myself and they sent me confirmation from HA that my application is being dealt with. Apparently it is taking slightly longer because HA are determining whether to grant my PR on the basis of my marriage or on the basis of me being the mother of a SA citizen. I don't really care which one they grant (although I think the marriage one is indefinite until marriage breakup whilst the parent one expires when my daughter turns 21 in about 19 years). Hopefully it will be granted soon...

I think a post would be really useful here as I know a lot of people are in the same boat and have a lot of questions.


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## kate.ewert (Mar 6, 2012)

hi all,
i just wanted to clarify if i could ... so i have just applied for my spousal visa, but have since been offered a job; 2 questions . should i go to HA immed and ask them to change my application to one with a work permit or should i wait til i have my spousal permit in hand? and if I want to do this field of work thing (which seems much more sensible I didnt realise that you had to change the permit with each now job!) do i just go to HA with my letter of offer of employment and is the field of work bit just a box to check on the form? 
thanks ... sorry if i am asking silly questions!
Kate


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## LegalMan (Dec 26, 2012)

Hi Kate

It's not at all that simple. The "field of work" permit sounds like the Quota Work Permit, and is much, much more than just ticking a box. I'd need a lot more information to advise you correctly, but it would seem that if you have a contract of employment, and if you need to start as soon as possible, then you should apply for a Work Endorsement immediately.


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## MishSA (Mar 31, 2013)

WAIT?! So If we are applying for TR my husband does not need to make a employee specific endorsement???!!!!!!!!!!! OMG! This would be FANTASTIC! Please please please let me know how we can do this?! His field is Marketing & Operations. He has 8+ yrs experience and a Masters in Business. If I get him an offer letter from my sisters company stating that he will be doing Marketing then can I apply for the industry specific endorsement, enabling him to go and apply for marketing jobs once we are in SA? We are applying from India.


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## MishSA (Mar 31, 2013)

LegalMan said:


> Yes, this is correct, congrats!
> 
> Just be aware that if the Home Affairs representative is fully alert, you may not be able to get away with this. Also, as Saartjie mentions, you may also be asked to provide some sort of proof of your abilities.
> 
> On a side note, Saartjie, if your PR has taken that long to arrive, have you checked that it hasn't been lost?


Please could you contact me regarding this? I would love to find out how to do this as we are apply for TR next week!


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## LegalMan (Dec 26, 2012)

Hi MishSA

Your description and questions are confusing. What is your aim? For both you and your husband to come to South Africa and work?

If yes, then you can either apply for a Quota Work Permit (apparently soon to be phased out, so hurry!) or a normal General Work Permit.

You can try and do what Saartjie mentions above, and it seems to work, at least in her case. I haven't tried it yet, I'm waiting for an appropriate case to do so.

In your second comment above, this makes no sense:


> If I get him an offer letter from my sisters company stating that he will be doing Marketing then can I apply for the industry specific endorsement, enabling him to go and apply for marketing jobs once we are in SA?


If he applies to work at his sister's company and you apply for a Quota Work Permit, these are separate applications that have no bearing on one another.


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## MishSA (Mar 31, 2013)

Sorry for the confusion. Perhaps this will make more sense. This is from my post. Basically i want to know how to go about getting this type of endorsement for my husband.



MishSA said:


> Hey Guys & Girls!
> 
> Iv been reading this forum to try make sense of all the TR & PR laws in SA. I had a few questions I couldnt find the answer to and u lot see to be a very helpful bunch!
> 
> ...


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## MishSA (Mar 31, 2013)

In other words we are applying for TR this month and it seems to make more sense to get an endorsement at the same time. If we could get the same endorsement as saartie, that would solve ALL future work permit related issues!


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## LegalMan (Dec 26, 2012)

Hi MishSA

Ah, I understand now. Well, first off, your husband can apply and receive again a temporary spousal permit, and then apply immediately for permanent residency through your child. Although that can take ages to come through, he will need a job offer anyway to get either of the permit types you read about above.

And as you'll read elsewhere on this forum, my advice for those looking for a job in South Africa is to come over here to attend interviews.

Start with the job offer. If he is very well qualified, then he'll find work.


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## MishSA (Mar 31, 2013)

Thanks Legal man. My question was HOW do i go about getting a more general endorsement as saartie mentions above? We have an offer letter from my sister. 

Saartie- perhaps u could share the format of your letter your lawyer drafted? The Embassy here in India are pretty relaxed and easily convinced.


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## Saartjie (Mar 1, 2010)

MishSA said:


> Thanks Legal man. My question was HOW do i go about getting a more general endorsement as saartie mentions above? We have an offer letter from my sister.
> 
> Saartie- perhaps u could share the format of your letter your lawyer drafted? The Embassy here in India are pretty relaxed and easily convinced.


Hi there,

The letter was very basic. It literally just said that I applied for a work endorsement working within the fields as stated in my earlier post. There was nothing more to it. 

You should however not supply a job offer, it sort of defeats the purpose. If you supply a job offer then the chances are that the endorsement will be issued for that employer and it will become job specific. 

At the time of my application I was still going through the interview process for my current job which meant that there was absolutely no guarantees that I would get the job. This is why my lawyer suggested the 'general' work endorsement as if I did not get the job I could use my permit for another job within the fields as stated on my permit.

Always make sure that you can back up your qualifications as stated. That is, as I said I wanted to work in the field of law I had to show my legal qualifications. I also stated that I wanted to work with Property so I had to show that my experience was in the field of Commercial Property Law etc etc.

Let me know if you have any further questions.


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## MishSA (Mar 31, 2013)

Hi,

Thanks so much for your reply! I am absolutely gob smacked by this! 
I cannot believe this is possible?! Do u think the fact that a lawyer drew it up helped ur case? We have already successfully gone through TR process so we dont need a Immigration Lawyer for that but if you think getting a letter from one will help, ill go that route. Is there anyway you could give an example of what your letter said because i cant understand on what grounds they accepted this? 

My husband has 8 years experience in events, marketing & operations plus a diploma in events and a Masters in Business. Do u think this will be enough?

Im sorry to be such a pain.... perhaps you could walk me through the process in detail? Im sure it will help MANY others as well! As I said before. We have been struggling with this for 3 years so I really want to get it right this time. Especially with the new baby! 

THANK YOU VERY MUCH :clap2:


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## Saartjie (Mar 1, 2010)

MishSA said:


> Hi,
> 
> Thanks so much for your reply! I am absolutely gob smacked by this!
> I cannot believe this is possible?! Do u think the fact that a lawyer drew it up helped ur case? We have already successfully gone through TR process so we dont need a Immigration Lawyer for that but if you think getting a letter from one will help, ill go that route. Is there anyway you could give an example of what your letter said because i cant understand on what grounds they accepted this?
> ...


No problem, happy to assist in any way that I can.

I am 100% certain that the fact that a lawyer assisted me with this increased my chances of getting the permit. The fact of the matter is that it is apparently quite difficult to get these 'general' endorsements and you therefore need all the help you can get. I know for example that HA contacted my lawyers to get confirmation that I was qualified in all the fields I was applying for. I think even that they may have had to provide an Affidavit confirming that I had the necessary qualifications. When I applied for the above permit I had already been issued with 2 previous TRs but the assistance of a lawyer I felt was necessary as there was a lot at stake for me (considering I had not yet received a job offer).

I cannot really comment on the process because there was nothing else to it than what you usually go through for the TR application. I signed the relevant form, submitted all the usual documents (plus the letter regarding the general work endorsement). There was a delay in issuing the permit as my passport which I applied with had subsequently expired and I had obtained a new one. However, HA called up my lawyers, they submitted a certified copy of my new passport and the permit was issued in my new passport.

Unfortunately I only saw the letter my lawyers submitted once so I cannot remember the exact wording but I do recall that it was very basic and only requested that the permit was issued for the fields requested. Nothing else was mentioned.


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## MishSA (Mar 31, 2013)

Could u perhaps send me the info of your lawyer because im yet to find ANYONE who has heard of this....... I cant use an Indian lawyer as they dont know anything about HA. Perhaps we need to enter SA on a tourist visa and apply there so that the lawyer can help us?


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## Saartjie (Mar 1, 2010)

MishSA said:


> Could u perhaps send me the info of your lawyer because im yet to find ANYONE who has heard of this....... I cant use an Indian lawyer as they dont know anything about HA. Perhaps we need to enter SA on a tourist visa and apply there so that the lawyer can help us?


Sure, the attorneys I use are Eisenberg and Associates. Main office in CT but they have a satellite office in Joburg as well.


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## MishSA (Mar 31, 2013)

Saartjie said:


> Sure, the attorneys I use are Eisenberg and Associates. Main office in CT but they have a satellite office in Joburg as well.


Really appreciate the info! Iv contacted them. Hopefully they can help us :fingerscrossed: . Will let you know what they say!

I think you might be the ONLY person in history to have this type of endorsement! NO ONE has ever heard of such a thing! Everyone seems to think its a quota visa but none of your fields of work fall under quota so it cant be!


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## Saartjie (Mar 1, 2010)

MishSA said:


> Really appreciate the info! Iv contacted them. Hopefully they can help us :fingerscrossed: . Will let you know what they say!
> 
> I think you might be the ONLY person in history to have this type of endorsement! NO ONE has ever heard of such a thing! Everyone seems to think its a quota visa but none of your fields of work fall under quota so it cant be!


It is definitely not a quota permit. It is a spousal permit as it states 'to reside with SA spouse...etc'.


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## ScottishLady (Oct 21, 2010)

Saartjie said:


> Hi Guys,
> 
> Just wanted to share something which might be of interest to anyone who is applying for a Spousal Permit with Work Endorsement.
> 
> ...



Wow Saartjie! This is really helpful. Thanks so much!
I will def contact an immigration lawyer to check this out! I've been here for 3.5 years and have been so bored! I need a job badlyyyy!!
I need to get my relative visa sorted ASAP!


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## LegalMan (Dec 26, 2012)

*Relative's (Spousal) Permit with special endorsement*



Saartjie said:


> It is definitely not a quota permit. It is a spousal permit as it states 'to reside with SA spouse...etc'.


Exactly, it is simply a Relative's Permit (Type: Spousal) with a special endorsement.


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## kcaden (Apr 15, 2013)

Hi all

I am just wondering if there has been any further progress on this story. This is excellent news as i am in the exact situation and would to apply for visa with this type of endorsement. I just wanted to know if there was any response from the lawyers and was this something they said they could assist you with. I am intending on contacting them myself i just wanted to know what your response was and if the original succesful application was just a lucky one that got through the cracks.

Thanks

Kev


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## Saartjie (Mar 1, 2010)

kcaden said:


> Hi all
> 
> I am just wondering if there has been any further progress on this story. This is excellent news as i am in the exact situation and would to apply for visa with this type of endorsement. I just wanted to know if there was any response from the lawyers and was this something they said they could assist you with. I am intending on contacting them myself i just wanted to know what your response was and if the original succesful application was just a lucky one that got through the cracks.
> 
> ...


If you've got the qualifications and can back them up with paperwork and a specialised field(s) that you work in you should really not have a problem. When I made my application I was told that it had been done before.


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## Laurajaynecox (Mar 11, 2013)

*Office?*

reposted


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## Laurajaynecox (Mar 11, 2013)

*Office?*



Saartjie said:


> No problem, happy to assist in any way that I can.
> 
> I am 100% certain that the fact that a lawyer assisted me with this increased my chances of getting the permit. The fact of the matter is that it is apparently quite difficult to get these 'general' endorsements and you therefore need all the help you can get. I know for example that HA contacted my lawyers to get confirmation that I was qualified in all the fields I was applying for. I think even that they may have had to provide an Affidavit confirming that I had the necessary qualifications. When I applied for the above permit I had already been issued with 2 previous TRs but the assistance of a lawyer I felt was necessary as there was a lot at stake for me (considering I had not yet received a job offer).
> 
> ...


Hi Saartjie,

Thanks very much for the info - could I please ask what office you submitted your application at??

Thank you.

Laura


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## Saartjie (Mar 1, 2010)

Laurajaynecox said:


> Hi Saartjie,
> 
> Thanks very much for the info - could I please ask what office you submitted your application at??
> 
> ...


Barrack Street, Cape Town.


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## adityaP (Jun 19, 2013)

*Help with Spousal Permit visa sticker interpretation*

Dear All,

I am an Indian Citizen married to a South African Citizen for last 11 years. We married in Mumbai and are residing here since then. We have a seven year old daughter (South African Passport). I am a software professional and have been running my own software company with a business partner in Mumbai for last 16 years.

We decided to relocate to South Africa thinking that I will take a sabbatical from my business and pursue career as a consultant in SA. I applied for the Temporary Resident Permit in the Spousal Category (Relative's Permit) on 18th April 2013 in Mumbai, India. The TR arrived and I have just collected from the SA Consulate in Mumbai. But instead of the Relatives Permit it say* "CORPORATE PERMIT"* on the sticker. The other details seem to be consistent with what I have been reading from Other members here on this forum. Below are the details given :

C*ORPORATE PERMIT*

Name : xxxxxxxxx
Passport No. : xxxxxxxxxxxxx

T*emporary Residence Permit*

Issued at : Mumbai on 2013.06.11 No. Of Entries : Multiple

Enter on or Before : 2015.06.10

*Conditions :*
*TO BE ADMITTED TO RESIDE WITH S.A CITIZEN SPOUSE, XXXXXXXXX, ID NO. OF SPOUSE, ADDRESS OF SPOUSE IN S.A*

I have never come across any entry in this forum or anywhere on the internet where an individual applying for spousal visa being given CORPORATE PERMIT. If I understand correctly then this permit is issued to companies or individuals conducting business in S.A. who wish to hire Foreign nationals to work for them.

Please help me understand what visa I have got. Does this mean that I will be able to conduct business on the visa without endorsement . If yes, that would be a stroke of massive luck as I could start off that way by getting some contract work from my own firm from Mumbai. Does it mean that I can work without an endorsement? Or it does not mean anything special and I have to apply separately for the Business or Work endorsement?

Apologies for the marathon post. This is my first one. Hopefully I will learn to be concise and to the point going forward. Please provide your comments and suggestions.

Thanks,
AdityaP


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## adityaP (Jun 19, 2013)

Dear All,

This is an update on the mysterious "CORPORATE PERMIT" stamped on my passport when applied for Spousal Permit.

I took advice from a few Online Visa Consultants by contacting them on their website and unanimously they all concurred that the consulate has mistakenly stamped the wrong type of Visa. I have now contacted the Mumbai Consulate and they have accepted that it could be an error and are willing to correct it in one day. I will be submitting my passport for correction on 25th June and will update the result.

Thanks all for patient hearing.

AdityaP


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## adityaP (Jun 19, 2013)

*Field of Work OR Business Endorsement on Spousal Visa*

Hello Saartjie!

This is with reference to your original post starting this topic where by you have received the "Field of Work" endorsement. First of all my hearty congrats for such a feat as it seems to be very rare or unique only to your case.

As given in my earlier post, I have received the Relatives Permit but the consulate made a mistake and printed "Corporate Permit" on my passport. In that regard I approached the attorney firm who successfully did your "Field of Work" endorsement. They have confirmed that I was given the wrong stamp on the passport and can be corrected easily. Further they offered to assist me to obtain a work endorsement under section 11(6)(b) of immigration act with new amendments which will provide me freelance work authorisation in my particular area(s) of interest and enable me to work freely within area of expertise as will be defined in the application and allows to work for any one or more individual/entity and/or for myself

My questions as follows :

1) if this permit allows me freelance work authorisation to work for others or myself, is it the same as a Business Endorsement where I, as a sole proprietor can contract my own services to customers/employers?

2) And if so can Employers take me on their roles as an employee?

3) I have received my TR in Mumbai, India and I have not yet moved to SA. Can I apply for Business or Field of Work Endorsement from here itself? and come to SA
with the endorsement. If yes this could potentially save me a lot of expenses of staying in SA while being with no income waiting for endorsement.

Please let me know your views. 

Thanks and Regards,

AdityaP


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## LegalMan (Dec 26, 2012)

You should ask the immigration lawyers that you approached these questions. I have a hunch that they offer a free consultation.


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## Saartjie (Mar 1, 2010)

adityaP said:


> Hello Saartjie!
> 
> This is with reference to your original post starting this topic where by you have received the "Field of Work" endorsement. First of all my hearty congrats for such a feat as it seems to be very rare or unique only to your case.
> 
> ...


Hi there,

I will try to answer your questions:-

1. No I do not think this is the same kind of permit but get confirmation from your attorney.

2. If your permit is freelance geared then I would assume that you are not allowed to be permanently employed but I can be wrong. 

3. I do not think that you can apply for this permit from outside SA. However, if you instruct an attorney in SA to do the application for you in SA this would allow you to remain in India until your permit is granted.

I would strongly suggest that you instruct an immigration attorney to assist you with this. They would also be able to confirm the above questions correctly.

Saartjie


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## adityaP (Jun 19, 2013)

Saartjie said:


> Hi there,
> 
> I will try to answer your questions:-
> 
> ...



Hi there!

Thanks to you and legalman for the information and suggestions. 

I have contacted the immigration attorneys who have done your Field of Work application successfully. I have asked them the same questions and hope to get their opinion soon.

As per your suggestion, I am going to try and get the endorsement done before coming to SA if possible by authorising them to file for me. Could you tell me how much time it took you to get the 'Field of Work' endorsement from the date of application? Thanks in advance. 

Will keep everyone informed on how this progresses for me. 

Thanks and regards,

AdityaP


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## Saartjie (Mar 1, 2010)

adityaP said:


> Hi there!
> 
> Thanks to you and legalman for the information and suggestions.
> 
> ...


The endorsement took about 5 months from application.


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## adityaP (Jun 19, 2013)

Saartjie said:


> The endorsement took about 5 months from application.


Thank you

Best Regards, 
AdityaP


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## adityaP (Jun 19, 2013)

adityaP said:


> Dear All,
> 
> This is an update on the mysterious "CORPORATE PERMIT" stamped on my passport when applied for Spousal Permit.
> 
> ...


Hello!

This is to update that I have received the corrected Relatives Permit stamped. The consulate here did it in 2 days. As they had to print a new sticker for my passport the visa validity also got extended by 10 days 

Regards,
AdityaP


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## kethila (Oct 7, 2013)

Good day,
how you doing ? Do you mean i can apply for work endorsement even if i don't have an offer letter ?please give me details of your lawyer it will be a great help for me.

thank you very much.


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## LegalMan (Dec 26, 2012)

No, for the endorsement you technically need an offer letter.


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## kcaden (Apr 15, 2013)

Hi please see my post on 21/1/14 regarding this application type. I have been through the process in full and can confirm you can obtain temporary visas with work endorsements within a specific field. I have given a full description in my post referred to above. If you have any questions please let me know if I can assist further


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## kethila (Oct 7, 2013)

hello everyone,
I manged to get work endorsement on my spousal permit which says "field of work" without offer letter.my only concern is my application was finalized and sent to office of application on 18/12/2013 but i have still not received it.Office of application which is in cape town says they haven't received,but they were able to confirm that my application was approved.
please guide me.
thank you


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## Saartjie (Mar 1, 2010)

kethila said:


> hello everyone,
> I manged to get work endorsement on my spousal permit which says "field of work" without offer letter.my only concern is my application was finalized and sent to office of application on 18/12/2013 but i have still not received it.Office of application which is in cape town says they haven't received,but they were able to confirm that my application was approved.
> please guide me.
> thank you


It usually takes minimum 7 working days for a permit to arrive. Given the fact that yours was finalised just before the holidays, it may just have been a bit delayed. I would enquiry every day though until you get it.

Oh and congrats, I started this thread because I was granted the same permit before I got my PR.


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## kethila (Oct 7, 2013)

Hello again,
thank you very much for your reply,I really appreciate it.there is one thing which i still find very confusing if you can help me in that regard as you were also issued same kind of permit prior to PR.if i will secure any job in SA do you think I be allowed to work with the same permit or I will be suppose to change my permit to company specific permit ?


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## bugzrock (Jun 12, 2013)

kcaden said:


> Hi please see my post on 21/1/14 regarding this application type. I have been through the process in full and can confirm you can obtain temporary visas with work endorsements within a specific field. I have given a full description in my post referred to above. If you have any questions please let me know if I can assist further


Hi kcaden

How did you go about doing this work specific endorsement? WHich form do you fill in? The change of status?? 
thanks


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## Saartjie1 (Dec 9, 2014)

*Change from work endorsement to business endorsement 2014/2015*

Hi guys,

As the Home Affairs rules and the way of working has recently changed, I would like to get some advice. I've been on a Life Partner Permit with work endorsement for almost 5 years. I've got an appointment scheduled with VFS in January to hand in my Temp residence renewal, and I will apply for my PR in April. However, I am thinking about leaving my current job to start my own Business. There is no clear plan in place yet, and I'm seeing some options. I'm not sure what the best way is to approach this, and what papers I would need. 

1. I've read that I would need to register at SARS, but I also read that you have to register your company at CIPC. What paper work is needed for the Business endorsement under the new rules? And do you have to have your full Business plan sorted? (I haven't).
2. If I would apply now for my Life partner with work endorsement, do I have to do a full application for the Business endorsement a couple of months later?
3. Would it be a 'change of existing permit' if I apply for a business endorsement instead of a work endorsement? Or would it count as a renewal of permit?
4. Can you only have one business registered (e.g. will it give a specific business name on your endorsement), or can you have multiple businesses / change direction while this situation?

Thanks a lot!
S


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## MorganSA (Jan 28, 2015)

Sorry if I'm being dim here, but what exactly do you need to do/submit for a work endorsement to a spousal visa. I've tried looking on the VFS website without much joy, and if you try calling their helpline you get cut off after 11 minutes of holding. If anyone could tell me, "get form number x, and the following documents, etc' I'd be very much obliged to them.


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## LegalMan (Dec 26, 2012)

MorganSA said:


> Sorry if I'm being dim here, but what exactly do you need to do/submit for a work endorsement to a spousal visa. I've tried looking on the VFS website without much joy, and if you try calling their helpline you get cut off after 11 minutes of holding. If anyone could tell me, "get form number x, and the following documents, etc' I'd be very much obliged to them.


Hi MorganSA, 

You need a repeat of the same documentation that qualified you for the relative's spousal visa and also a contract from your employer. You would be applying for a section 11(6).


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## LCS (Mar 12, 2015)

*Section 11(6) question*



LegalMan said:


> Hi MorganSA,
> 
> You need a repeat of the same documentation that qualified you for the relative's spousal visa and also a contract from your employer. You would be applying for a section 11(6).


Hi Legalman,
My partner is in SA on a Relatives Permit for the last 6 years. Each 2 year renewal has been effortless, and has received a work endorsement automatically with the renewal [based on the original work endorsement application]. However, we just got the latest Relative's Permit renewal today, but this time there is no work endorsement despite all the work endorsement related documentation being submitted as always. Has the process changed? Why have they not renewed the work endorsement? Is it now a seperate application? How does the Section 11(6) application fit into all of this? My partner is the sole bread winner and his previous work endorsement expires today.
Thanks for your help! LCS


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## LegalMan (Dec 26, 2012)

Hi LCS, 

Even before and after the law changes, A* Relative's* (spousal) visa is known as a Section 18 (which can't have a work endorsement) and a Temporary Residency *Visitor's* visa on the basis of being in a spousal relationship with a work endorsement is known as a Section 11(6). Doesn't make sense I know, but then again, does anything in South Africa?

I believe if you look at your past "relative's" visas with work endorsements, you would see that it actually says Visitor's visa on the top. Please confirm? 

When submitting this last renewal via the VFS system, you must have selected Relative's visa (which don't/can't have work endorsements) and that is what was issued. They must have just gone with your application form and ignored the fact that you supplied work endorsement documentation. 

What date was the application rejected?


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## LCS (Mar 12, 2015)

Hi Legal man, thanks for your reply. To answer your question, all the permits in the passport are headed Relatives Permit, except for the first work endorsement which is headed Extension of Temporary Residence Permit. 
The latest Relatives Permit extension was applied for in January 2015 at VFS Cape Town. We collected the permit this week and realized it contained no work endorsement. 
What course of action do you advise, as my partner is the sole bread winner in our household?
Many thanks, Lance


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## LCS (Mar 12, 2015)

*Section 11(6) clarification*



LegalMan said:


> Hi LCS,
> 
> Even before and after the law changes, A* Relative's* (spousal) visa is known as a Section 18 (which can't have a work endorsement) and a Temporary Residency *Visitor's* visa on the basis of being in a spousal relationship with a work endorsement is known as a Section 11(6). Doesn't make sense I know, but then again, does anything in South Africa?
> 
> ...


Dear Legalman,
Just to clarify further
The initial permit applied for at an SA embassy abroad is a "Relative's Permit", which my partner entered the country with.
When work was found locally, my partner had this original permit endorsed to allow for work at the specific employer. The work endorsement sticker is titled "Extension of Temporary Residence Permit" and references Section 11(6) on the sticker.
The first two extensions to this permit were applied for at DHA Cape Town, and are titled "Relative's Permit", both with the work endoresement hand-written in on the comments line of their stickers.
The third extension applied for Jan 2015 at VFS is also idential, titled Relative's Permit, but the work endorsement has been omitted.... 
We cannot understand why, when following exactly the same application process [albeit this time with VFS], that on the first two renewals the work endorsement was carried over in the Relative's Permit, but this time it is omitted from the approved Relative's Permit [March 2015].


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## LegalMan (Dec 26, 2012)

Hi LCS, 

I can understand your confusion. I believe you, but as you can imagine, a relatives visa with a work endorsement does not exist in the immigration act or regulations. I would need to see this with my own eyes. I have never seen a section 18 issued with a work endorsement before in all my years of doing immigration. You are saying this is the case, then those visas were issued to your partner incorrectly. Which doesn't surprise me, given the untrained officials. 
Just to clarify your partner was issued their first Section 18 visa in their passport abroad, then they were issued a Section 11(6) through Cape Town, then two further Section 18 visas with work endorsements? 
Do you recall the category under which you applied under online in Jan 2015? Was it a Section 11(6)? Do you have a copy of the application form? 
I need to find out whether your partner needs to apply for a correction or whether your partner needs to apply for a whole new visa application under section 11(6).
Has your partner thought of applying for permanent residency?


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## LCS (Mar 12, 2015)

Hi Legalman
Thanks again for your reply.
You are correct. My partner got a Section 18 Visa abroad, then when in SA with a job offer got the Section 11[6] sticker with employer's details in passport at Cape Town DHA. This has been subsequently renewed twice through DHA . Both times came back in passport with the work endorsement hand written in the bottom of the Section 18 sticker. So we were surprised when this time applying for renewal through VFS that the work endoresement was absent. We are also beginning to believe that the two renewals were issued incorrectly by DHA in the past. It's just confusing that we had a Section 11[6], but when this was renewed at DHA it seems to have reverted to a Section 18, but somehow they scribbled in the work particulars in the permit.....
The online application at VFS in Jan 2015 was for a relative's visa. We realise that it should probably have been for a "change of conditions", but the VFS website was confusing in this regard to be honest. And we assumed as we had "Relatives Visa" with a work endorsement in the passport, and all employment documents were submitted as before, that we would get the work endorsement as before too.....
To answer your other question, we did apply last week at VFS for permanent residence. But in the meantime my partner [the breadwinner] is not legally entitled to work, so this is causing some stress as you may imagine.
We have lodged a complaint with VFS, and asked them to consider a refund for the application fee before we submit another application for section 11[6]. Their website was misleading. It made no mention of the fact that work endorsements are not issued on Relative's Visas in the section dealing with Relative's Visas, but it does say so in the Visitor's Visa section of the website. As we had a "Relative's Visa" in the passport, we obviously applied for another renewal thereof, and did not consult the Visitor's Visa section of the site.


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## LegalMan (Dec 26, 2012)

Dear LCS, 

Thank you for clarifying the whole situation for me. 

Right, so the only way forward at this stage is to apply for a whole new visa under section 11(6). 
I am afraid (although website is misleading) that you will most likely not get your R1350 back from VFS. 
Hopefully you have copies of the police clearances submitted in January?


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## MrTshiko (May 27, 2014)

LegalMan,

If I have a relatives permit for temporary residence through my wife who is an SA citizen (I'm guessing a section 18 permit), do I need to apply for a section 11(C) work endorsement permit if I plan on being self-employed as a web-based entrepreneur. My clients would not be based in South Africa and would all be primarily based in the US.

I know that based on the US/SA tax treaty, after 183 days I am technically a tax resident of South Africa, so I assume I would have to file and pay income taxes on my income with SARS, but I am just wondering if I will have to also apply for some sort of work endorsement. (extra info, my business is taxed as a sole proprietorship in the US, which in SA, based on my understanding, does not require a business registration).

Thanks for your help


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