# Need advice



## ShaneMcD (Mar 31, 2012)

Hi there,
I am returning to SA from UK in May with my British fiance` and baby. We are planning to get married there this year. 
I would like to know if anyone can help us answer the following:

1. Can we apply for temporary residence for my fiance` and baby once we arrive in SA or must it be done before? 
2. Can we apply to get married after arriving or before?
3. To apply for a relative's visa must we be married or can we apply if we are engaged only?

Any clarity would be much appreciated.


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## Johanna (Apr 13, 2009)

I moved your request to the general forum. 
This has been discussed before, please have a look at all the threads!

Hope you will soon find answers to you your questions!


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## ShaneMcD (Mar 31, 2012)

*Thank you*

Thank you! 
I have had a look through some older threads and have answered my questions.
One more : Are we allowed to get married while my partner is on her 90 day "free-pass" in the country?


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## Johanna (Apr 13, 2009)

ShaneMcD said:


> Thank you!
> I have had a look through some older threads and have answered my questions.
> One more : Are we allowed to get married while my partner is on her 90 day "free-pass" in the country?


Hope you can find an answer here:
links Banner1a.jpg


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## Saartjie (Mar 1, 2010)

ShaneMcD said:


> Thank you!
> I have had a look through some older threads and have answered my questions.
> One more : Are we allowed to get married while my partner is on her 90 day "free-pass" in the country?


Yes you can get married whilst here on a visitors visa. We did this in 2006 and it was no problem at all. 

Regarding applying for the Temporary Residence Permit once you have arrived here. It is possible to do this at the moment but once the Immigration Amendment Act comes into force (no one knows when but it will happen) you will no longer be able to do this even if you are married. The new act will require that a spouse of an SA citizen who have entered the country on a visitors (90 days) permit, returns to their home country to make the application for Temporary or Permanent Residency. So if you are intending to make the move soon then it is possible to apply here but keep in mind that the law might change before you get here. Hope this helps.


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## LanceH (Oct 22, 2012)

Hi Shane

How are you settling in? And in which City are you if I may ask?

Thanks


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## saffalass (Sep 28, 2014)

Since when do you need "proof of relationship from the British Government to support the application" ? I have never read about anything like this anywhere.


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## LegalMan (Dec 26, 2012)

> 1. Can we apply for temporary residence for my fiance and baby once we arrive in SA or must it be done before?


It would need to be done before.



> 2. Can we apply to get married after arriving or before?


You can marry anywhere in the world at any time.



> 3. To apply for a relative's visa must we be married or can we apply if we are engaged only?


You must be, as the Act puts it, in a permanent relationship and be able to submit proof of this.

For now, apply for your spouse's Relative's Visa and also make sure your baby's birth is registered, so that your spouse can then apply for PR through her SA child.

Note to @SAVisas:


> Under the 2014 South African Immigration Act amendments you would have two options for temporary residence, the Life partner Visa or the Spousal Visa.


Spouses in the new Act include members of both married and unmarried couples. The correct visa type on forms, etc is a Relative's Visa. Also, proof from the British Government is not a requirement.


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