# Spousal visa with study endorsement



## angluna89 (Jul 8, 2014)

Hello everybody,

I know there have been a lot of threads about this topic, but just wanted to see if people had experience with this issue. 

I have recently married to my South African husband(we have been together for almost three years) and I am in South Africa under a visitors permit that allows me to conduct volunteer work. I have also been accepted at University if Cape Town, to start this coming January.

At the moment I need to apply for a relative's visa with study endorsement and for this purpose I am flying back to my country. The issue is that the South African embassy has told me that I cannot apply for an endorsement and they only would give me a relatives permit that does not allow me to study. The woman I spoke to also said that I can send them links to pages where this information was issued. 

So I have some questions:

Is it possible to apply for a spousal visa and study endorsement at the same time?

If yes, where is the section that state this in the new regulations, and where can I find it?

I would appreciate any advice.


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## LegalMan (Dec 26, 2012)

*Relative's Visa with Study endorsement*



angluna89 said:


> Hello everybody,
> 
> I know there have been a lot of threads about this topic, but just wanted to see if people had experience with this issue.
> 
> ...


Lots of embassies have their own rules, but the law is clear - you can apply for both at the same time. Apply for a Relative's Visa (Section 11(6)) with authorisation to conduct activities contemplated in sections 13-22 of the Act (of which the Study Visa is one).

You must then make the embassy aware of your studies as you will not be able to study if it does not say so on your visa.


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## angluna89 (Jul 8, 2014)

Hi Legal Man,

Thank you very much for your knowledgeable advise. The woman at the embassy sounded quite receptive and she told me that I can show them the regulation and they would confirm with South Africa. 

Do you think it would help to have a lawyer intervening in this matter? (e.g. reaching the embassy directly)

I find it very difficult to believe that once one has married a South African citizen they would have to leave. A lawyer told me is unconstitutional and I hope there is some litigation on this matter, until then we must just hope for the best. 

Thank you again, really appreciate your advice.


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## angluna89 (Jul 8, 2014)

Hi Legalman,

Sorry for bombarding you with more questions, but I was wondering if you could please tell me where can I find a copy of the immigration act, I can only find the regulations. 

Thanks


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## LegalMan (Dec 26, 2012)

angluna89 said:


> I find it very difficult to believe that once one has married a South African citizen they would have to leave.


What do you mean with this sentence? The SA citizen has to leave where?


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## angluna89 (Jul 8, 2014)

I meant the foreigner marrying a south african citizen has to leave the country in order to apply for a visa


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## LegalMan (Dec 26, 2012)

*Immigration Act*



angluna89 said:


> Hi Legalman,
> 
> Sorry for bombarding you with more questions, but I was wondering if you could please tell me where can I find a copy of the immigration act, I can only find the regulations.
> 
> Thanks


Here is a copy for you:
http://www.immigrationsouthafrica.org/Immigration_Act_13_of_2002.pdf

Here are the new regulations:
http://www.immigrationsouthafrica.o.../2014/02/Regulations-Immigration-Act-2002.pdf


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## angluna89 (Jul 8, 2014)

thank you!


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## angluna89 (Jul 8, 2014)

Sorry but I don't seem to find the section 11(6) on the immigration act, it only comes to 11(5)


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## LegalMan (Dec 26, 2012)

angluna89 said:


> Sorry but I don't seem to find the section 11(6) on the immigration act, it only comes to 11(5)


You asked for the initial Immigration Act 13 of 2002. The latest regulations need to be added. Here's a more recent copy:

http://immigrationsouthafrica.org/Immigration_Act_2002_plus_Draft_Regulations_2014.pdf


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## LegalMan (Dec 26, 2012)

angluna89 said:


> Hi Legal Man,
> 
> Thank you very much for your knowledgeable advise. The woman at the embassy sounded quite receptive and she told me that I can show them the regulation and they would confirm with South Africa.
> 
> ...


Some embassies simply don't know what a Section 11(6) is and you have to apply for a Section 18 Relative's Visa first and then apply for your change of status in SA.


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## angluna89 (Jul 8, 2014)

Thanks again, sorry for all the questions. Have a lovely day


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## angluna89 (Jul 8, 2014)

Oh dear, so maybe I will just apply for a student visa and leave the relative permit for later. This is very frustrating and unsensible process. 

Thank you again Legalman.


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## angluna89 (Jul 8, 2014)

:confused2: Oh dear, so maybe I will just apply for a student visa and leave the relative permit for later. This is very frustrating and unsensible process. 

Thank you again Legalman.


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