# Spouse Visa 11(6) First time application



## RobynLeila (Mar 7, 2020)

I have been reading through lots of posts on this forum, which are very helpful! I still have questions that I hope someone will be able to help me with 

My daughter (SA citizen, 19 years old) recently married her US boyfriend of 4 years. He is currently here on a 3 month visitor visa and recently applied for another 3 month extension. While we wait for the extension approval, we are preparing for the Spouse Visa application 11(6) with an endorsement to work as he has a job offer. Here are my questions:

(1) Can he apply from SA on his visitor visa? I'm assuming he will need to wait for the extension approval as it seems you need to add your current visa details to the application and his current visitor visa has just expired while we are waiting to hear about the extension. If he waits to apply, he will not be applying 60 days before his current visa expires as is requested. Is this okay? And will he be okay to wait for the spouse visa approval in SA after his visitor visa expires?

(2) It's so difficult to find what documents are actually needed for the 11(6) application. So far we have:
- Valid Passport
- Police clearance from SA and USA
- Medical Report
- Radiological Report
- Unabridged Marriage Certificate
- Copy of SA Citizen's ID (his wife)
- Job offer letter

What else do we need? The rest seems vague. I have read about proof of being together for at least two years. How do we prove that? We have lots of photographs and can get affidavits from people in our village. Will that work? They did not co-habit before marriage so they've only been living together for 5 months, first with me and now on their own for 3 months.

Then, I don't understand the financial requirements. I read that they need "documentation to prove the financial support to each other and the extent to which the related responsibilities are shared by both parties for at least the past two(2) years."

I'm really not sure how to go about this. Prior to the last 5 months, before marriage, they were both supported by their parents. They've only shared financial responsibilities for the past few months while he has been here on a visitor's visa. Do they just both provide bank statements for the last 3 months? Someone in this forum said we would be well advised to go very heavy on evidence proving "good faith spousal relationship". I'm really struggling with what to provide here. Can anyone please help with some ideas. They will be devastated if his application is denied and he has to return to the USA on his own.

Sorry for the long message and thanks in advance!


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## RobynLeila (Mar 7, 2020)

On further investigation, it looks like you cannot apply for an 11(6) visa on a visitor visa. You need to first apply for a relative visa (which it seems you can do from SA), then apply for the 11(6) visa. Alternatively, he can return to the US and apply directly for the 11(6) visa. Is this correct?


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## Truthteller (Jan 12, 2020)

A marriage certificate & a supporting affidavit from the SA spouse will be necessary & the application can be done in SA without going back. Sec 11(6) was specifically designed for spouses , truth it isn't that bad , it seems you already have other documents. All the best.


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## RobynLeila (Mar 7, 2020)

*Applying for an 11(6) from within South Africa*



Truthteller said:


> ... the application can be done in SA without going back. Sec 11(6) was specifically designed for spouses...


Truthteller, I would LOVE to know where you got this information. Did you do it yourself? Or can you point me in a direction where I can find this official information?

Everything I have read says the opposite. VFS, the official website, says this of the 11(6): "No person holding a visitor's visa may apply for a change of status to his or her visa while in the Republic, unless under exceptional circumstances set out below:
...
(iv) Visitor's visa section 11(6) in 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)."

In effect, this says that you can only apply for an 11(6) if you are already in possession of a relative's visa.

And several immigration lawyer's websites say the same thing.


I know the law changed in 2016, but apparently DHA and VFS do not comply!

So it seems you cannot apply for a first time 11(6) in South Africa on a visitor visa. But if anyone can prove this wrong, I'd very VERY happy to hear it!


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## LeeZWE (Feb 18, 2020)

Have a look at these articles. You can now apply for spousal while in SA.

ConCourt ruling on foreign spousal visa laws has no impact on refugees

https://www.iol.co.za/the-star/news...-to-change-foreign-spousal-visa-laws-28319941


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## traveller94 (Aug 26, 2016)

The application can be done here
We have done it before


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## RobynLeila (Mar 7, 2020)

LeeZWE said:


> Have a look at these articles. You can now apply for spousal while in SA.


LeeZWE, both those articles (dated July 19) say that the courts have given DHA 24 months to comply with the new law that spouses don't need to leave the country. According to my research, DHA is not currently complying.


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## RobynLeila (Mar 7, 2020)

traveller94 said:


> The application can be done here
> We have done it before


Traveller94 This sounds promising! Did you apply for a spouse visa in SA while on a 3 month holiday visa?? If so, please share more of your experience.


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## RobynLeila (Mar 7, 2020)

I got a private message confirming that we can apply for an 11(6) while here in SA on a tourist visa. That's great. Now my question about "documentation to prove the financial support to each other and the extent to which the related responsibilities are shared by both parties for at least the past two(2) years." Please note the circumstances set out in the original message on this thread. Can anyone advise?


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## traveller94 (Aug 26, 2016)

shared financial responsibility is for Life Partners not married couples


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## Asavela (Mar 14, 2020)

Hey, iam also married (iam a South African) to the US citizen for a year now. We are trying to apply for a spousal visa. He is confused about the police clearance from the US, how to obtain it? Can he get it from South Africa as he is here already on a tourist visa.


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## RobynLeila (Mar 7, 2020)

Asavela said:


> Hey, iam also married (iam a South African) to the US citizen for a year now. We are trying to apply for a spousal visa. He is confused about the police clearance from the US, how to obtain it? Can he get it from South Africa as he is here already on a tourist visa.


I'm not sure. We applied for FBI clearance from the USA. I imagine that you have to be there to do it. Sorry, I don't know if you can do it from SA.


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## B.C.T. (Mar 5, 2020)

You most certainly can do your F.B .I. background check ( police clearance) from South Africa.

I just did it in March, got results electronically in April.

https://www.fbi.gov/services/cjis/identity-history-summary-checks

https://za.usembassy.gov/u-s-citizen-services/local-resources/u-s-criminal-records-checks/


Lock down may make it harder, as you will need to send your prints on a standard USA fingerprint form.

Here is what I did shortly before lockdown: Following the U.S.A. Consulate instructions I went to my local printer to get the fingerprint form on card stock. ( may or may not be necessary, almost two years ago, in the US of A I used the Miami police services for my family visa, and the lady was very careful ).

Took the fingerprint forms to SAPS in my area....they guy was very quick, too quick, some finger prints were smudged....BUT I WAS PREPARED for that, had them do it TWICE and paid for it at SAPS twice....sent BOTH sets to the F.B.I. Via FEDEX after paying online and sending with the payment confirmation letter. (Between both sets of finger prints every finger had clear prints.)


There was some issue with getting results due to partial lock downs in West Virginia, but one e-mail cleared that up, and I got my results. ( you use your pin and the link they send you to access the results....I asked for a printed copy sent to my USA address as well, does not cost anything to check that box.)

And now what will be open on level 4 ?


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## terryZW (Jun 26, 2017)

RobynLeila said:


> Truthteller, I would LOVE to know where you got this information. Did you do it yourself? Or can you point me in a direction where I can find this official information?
> 
> Everything I have read says the opposite. VFS, the official website, says this of the 11(6): "No person holding a visitor's visa may apply for a change of status to his or her visa while in the Republic, unless under exceptional circumstances set out below:
> ...
> ...


This incorrect. You can:

1. Apply for an 11(6) from inside SA as a visitor
2. Apply directly for an 11(6) without a Relatives visa

But you will need the external PCCs as this will be a new application


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## keegan007 (Oct 4, 2018)

Hi everyone!

I am currently struggling with a similar situation. My fiancee and I are getting married in January and we currently have no legal documentation for proof of marriage. She would like to relocate to SA soon after tying the knot to accompany me here. How should we go about this? Will it be possible for her to come on a 90-day visitor's visa, do a marriage registration here with me and convert her visitor's visa to a 11(6) visa in the country? Note that I am a permanent residence holder with an ID.

Any help/suggestions would be greatly appreciated!


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## B.C.T. (Mar 5, 2020)

keegan007 said:


> Hi everyone!
> 
> I am currently struggling with a similar situation. My fiancee and I are getting married in January and we currently have no legal documentation for proof of marriage. She would like to relocate to SA soon after tying the knot to accompany me here. How should we go about this? Will it be possible for her to come on a 90-day visitor's visa, do a marriage registration here with me and convert her visitor's visa to a 11(6) visa in the country? Note that I am a permanent residence holder with an ID.
> 
> Any help/suggestions would be greatly appreciated!



A) You will need a marriage certificate if you do this overseas, not sure what you can do from South Africa. You can do a civil marriage before your "big one". In south Africa it is possible to establish a "Spousal Relationship" without marriage, but that needs a Notarial Certificate attached to an Affidavit, this is best done with a lawyer.... and it's always better to have a Marriage cert. in any case ( be sure to get extra original copies of the Marriage Cert.).

(OTH if you have been together 5 years you can use the Affidavit to apply for permanent residency in the future...not sure if they are taking application now for PR.)

B) I got a relative's visa first, then switched over to an 11( 6) in south africa, AFAIK you cant start with a 11( 6) visa ( permission to work) , you must get a Relatives Permit first.

Please see:
https://www.southafrica-usa.net/homeaffairs/permit_relative.htm


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## kwalsh (4 mo ago)

Hi guys. Tied the knot with my better half in June this year. She is from Mozambique, and our marriage is registered in SA. I am South African. We have applied for an 11.6 for her in June. To date, there has been no movement on the application. I have called home affairs and sent emails, but I haven't received any reply. Seeing as though she has applied for the 11.6, is she allowed to stay in SA with me in the meantime? Or does she need to leave the country every 30 days like any other Mozambican citizen?


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## jollem (Nov 9, 2016)

kwalsh said:


> Hi guys. Tied the knot with my better half in June this year. She is from Mozambique, and our marriage is registered in SA. I am South African. We have applied for an 11.6 for her in June. To date, there has been no movement on the application. I have called home affairs and sent emails, but I haven't received any reply. Seeing as though she has applied for the 11.6, is she allowed to stay in SA with me in the meantime? Or does she need to leave the country every 30 days like any other Mozambican citizen?


Visas have generally been taking a long time to come out of late. 
Since she has applied (assuming she submitted the applcation here in SA) she does not need to leave the country.


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## kwalsh (4 mo ago)

@jollem thanks for replying
My wife did the application through VFS in SA. Assuming the standard 30 day allowance for Mozambican citizens lapses and she wants to travel to Mozambique (or anywhere else), how would that work? Wouldn't she be at risk of being declared undesirable?


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## jollem (Nov 9, 2016)

kwalsh said:


> @jollem thanks for replying
> My wife did the application through VFS in SA. Assuming the standard 30 day allowance for Mozambican citizens lapses and she wants to travel to Mozambique (or anywhere else), how would that work? Wouldn't she be at risk of being declared undesirable?
> 
> If she needs to travel outside SA she just need to carry the VFS receipt and present it at boarder. However, I suspect that on return, she might be given a number of days (lets say 30 days). So I wouldnt recommend travel until she receives the outcome. Unless if it is an emergency ofcause.


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## kwalsh (4 mo ago)

Thanks @jollem. Really appreciate the advice. As it happens, she went back home to wrap up a few things. She will return to SA later this year.

The only obvious "legal" alternative for me while we are waiting for home affairs is to drive her to the border every 30 days, so that she can exit and reenter SA. This is not a very practical idea and won't be cheap either!

If anyone has been in a similar situation, please share your experience. Any advice/tips will be appreciated


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## a4xiaoxiami (May 17, 2018)

kwalsh said:


> Thanks @jollem. Really appreciate the advice. As it happens, she went back home to wrap up a few things. She will return to SA later this year.
> 
> ------
> If anyone has been in a similar situation, please share your experience. Any advice/tips will be appreciated


1. The Director General of DHA has signed *another directive* for blank extension for all long-term visa applicants in South Africa;
2. As long as you have submitted *A* long-term visa application before the expiry of your current visa, you can legally stay in SA untill *end of March 2023*;
3. If you want to travel back to your home country, you need to bring your application slip (receipt) issued by VFS to the border, and you will *not* be deemed as undesirable;
4. If you are from a country where needs a visa to enter SA (such as a Mozambique), you need to obtain a visa in your home country before you can re-enter SA;
5. When you re-enter SA, your extended visa will carry you all the way till the end of March 2023, for the least (if there is not another blank extension from Director General of DHA after that).

I don't know how long it will take for your wife to get a visitor visa to re-enter SA. Check your local VFS or SA embassy in Mosambique to confirm.

DHA is not pro-actively issueing any visa at the moment, that's why they grant one absurd extension after another.

I know people submitted applications in January and are still waiting...


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