# Applying for Spouse Visa



## zizebra (Mar 11, 2012)

Hi Guys

I just want to find out a few things, my wifes Visa expired and renewal was rejected. We appealed this decision with DHA, however the appeal has taken forever. I understood that I could go the legal route and get DHA to respond through court action. I have noted that this route of legal action could become costly without a guarantee that appeals would give us the visa we want. I am considering applying for a new visa. Now my question is can we apply within South Africa for the Visa or should we apply from home country. Will the appeal not interfere with the new application? 

Also I have noticed there is there is clause that now says one cannot change visa category within the country, so my question is, who can apply for temporary residence permit in the country, I am assuming that if you visit south Africa, you get a 3 month visitors visa, you cant then change this visa to long stay visitors visa.


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## Fynbos (Jan 8, 2015)

Hi Zizebra,

Might I ask what visa your wife was on? Also, what visa are you currently on?


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## zizebra (Mar 11, 2012)

My wife was on Visitors Visa - Accompanying Spouse. Iam a permanent resident.


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## Fynbos (Jan 8, 2015)

You won't be allowed to apply for a new visa for your wife from within the country. The DHA do not allow for a change of status from a visitor's visa. Therefore, you could either wait out the appeal, which can take up to a year or longer. Alternatively you can travel back to your wife's country of origin, she will be banned in the process, you will then have to lodge an overstay appeal, have her ban lifted, and then apply for a new spousal visa. Technically, you should withdraw your appeal before applying for a new visa, however the VFS systems and those of the foreign embassies are not linked, so it's quite possible to have a new visa approved while an appeal is pending.


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## zizebra (Mar 11, 2012)

Great, how long does it take to get the ban lifted? and perhaps I should get letter of demand served to DHA while sorting out documents that should be used to apply in my home country.


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## Fynbos (Jan 8, 2015)

If you do it yourself, it's really anyone's guess. The Department of Home Affairs is currently inundated with appeals. Notwithstanding, we have had outcomes as quickly as two days, however I must disclose that I work for a private law firm. You can check out the DHA's overstay appeals page for more information on doing it yourself.


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