# Spousal visa (visitor or relative) - Question for Legal Man



## Yb2014 (Aug 15, 2014)

I got my visa from the High Commission in London today and have a couple of questions.

I applied for a relative's visa by ticking that option on my application form, but I've been issued with a visitor's visa to accompany SAC spouse with ID number xyz for a period of 36 months. I plan to apply for jobs once I move to South Africa, did some research on work endorsement and got a little confused as:

- VFS website says Visitor's visa section 11(6) is only issued to a holder of relative's visa
- The new DHA-1740 form seems to say a holder of visitor's visa cannot apply for change in status within the Republic unless the applicant is the spouse of dependent child of the holder of a business or work visa (which is clearly not my case)
- The Immigration Act Visitor's visa section 11(2) seems to say a visitor's visa issued under 11(1)(b)(iv) (which seems to be my case) may be authorised to work.

I guess my ultimate question is whether I would be able to apply to get my visa endorsed in South Africa with the visa I was issued today. Am I right to say my visa falls under 11(1)(b)(iv)?

If you could shed some light on this, it would be very much appreciated!


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## LegalMan (Dec 26, 2012)

Yb2014 said:


> I got my visa from the High Commission in London today and have a couple of questions.
> 
> I applied for a relative's visa by ticking that option on my application form, but I've been issued with a visitor's visa to accompany SAC spouse with ID number xyz for a period of 36 months. I plan to apply for jobs once I move to South Africa, did some research on work endorsement and got a little confused as:
> 
> ...


Which visa does your spouse/partner hold?


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## Yb2014 (Aug 15, 2014)

LegalMan said:


> Which visa does your spouse/partner hold?


He's a SA citizen as the condition of the visa says.


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## LegalMan (Dec 26, 2012)

Yb2014 said:


> He's a SA citizen as the condition of the visa says.


Oops, apologies for the silly question. An "endorsement" is actually a new application for a new visa type.

It is strange to hear that you received a Visitor's Visa and not a Relative's Visa. What other conditions are written on it? Are you and your SA spouse legally and formally married?

Technically and theoretically you should be fine - it is only really the "tourist" type of Visitor's Visas that don't qualify for changes in visa status within the Republic. So there is nothing really to worry about.

You would be applying for an 11(6), not a visa under 11.1.b.iv.

All good?


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## Yb2014 (Aug 15, 2014)

LegalMan said:


> Oops, apologies for the silly question. An "endorsement" is actually a new application for a new visa type.
> 
> It is strange to hear that you received a Visitor's Visa and not a Relative's Visa. What other conditions are written on it? Are you and your SA spouse legally and formally married?
> 
> ...


Thank you for your kind reply.

The only condition written on the visa is "to accompany SAC spouse [Name] [ID number] for a period of 36 months". We are legally married and hold a SA marriage certificate. 

Do you think it will help if I included a letter saying that I applied for a Relative's visa but got a Visitor's visa instead? I'm just conscious that the VFS website states that Visitors Visa section 11 (6) is granted to a holder of Relative's visa.


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## Nomqhele (Feb 18, 2014)

Yb2014 said:


> Thank you for your kind reply.
> 
> The only condition written on the visa is "to accompany SAC spouse [Name] [ID number] for a period of 36 months". We are legally married and hold a SA marriage certificate.
> 
> Do you think it will help if I included a letter saying that I applied for a Relative's visa but got a Visitor's visa instead? I'm just conscious that the VFS website states that Visitors Visa section 11 (6) is granted to a holder of Relative's visa.


I also have a section 11(6) visitor's visa.On it ,it is stated that l must reside with my SA citizen spouse ID nr*******.It has an endorsement that allows me to work for a company so and so.If I were you,l wouldn't worry much about that Visa except that you will need to apply for a work endorsement.When l applied for that section 11(6) permit,l was on DZP now called SZP permit.l had applied for changing of conditions on my existing DZP permit-what l am trying to say is, l never had a relative visa from the start,which seems to be a requirement as per section 11(6)


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## LegalMan (Dec 26, 2012)

> The only condition written on the visa is "to accompany SAC spouse [Name] [ID number] for a period of 36 months". We are legally married and hold a SA marriage certificate.
> 
> Do you think it will help if I included a letter saying that I applied for a Relative's visa but got a Visitor's visa instead? I'm just conscious that the VFS website states that Visitors Visa section 11 (6) is granted to a holder of Relative's visa.


Hold on - was this for a simple Relative's Visa or a Work endorsement?

Yes, of course you can always appeal a decision by Home Affairs.


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## Yb2014 (Aug 15, 2014)

Sorry for the confusion. I applied for a straightforward relative's visa, received a visitor's visa and am planning to apply for a work endorsement once I'm in SA.

I guess what I was trying to say there is... Because I received a visitor's visa not a relative's visa, would it be worth including a letter explaining I applied for a relative's visa but got a visitor's visa, etc. when applying for work endorsement... Maybe I'm a little pedantic about small things but just wanted to make sure!


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## LegalMan (Dec 26, 2012)

Yb2014 said:


> Sorry for the confusion. I applied for a straightforward relative's visa, received a visitor's visa and am planning to apply for a work endorsement once I'm in SA.
> 
> I guess what I was trying to say there is... Because I received a visitor's visa not a relative's visa, would it be worth including a letter explaining I applied for a relative's visa but got a visitor's visa, etc. when applying for work endorsement... Maybe I'm a little pedantic about small things but just wanted to make sure!


Ok, I understand now. There is no reason to include such a letter. Your Visitor's Visa clearly states you have a SAC spouse.


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## jonathan_sil (Jun 22, 2016)

Hi Yb2014 -
I am in sort of the same boat as you were - only I have a work endorsement written on my visitors visa, however now that place of employment cannot employ me and I'm looking for other work.
Did you manage to find work? if so how did you go about getting your visa endorsed? does it mean re-doing the whole visa application process?
Many thanks


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## LegalMan (Dec 26, 2012)

jonathan_sil said:


> Hi Yb2014 -
> I am in sort of the same boat as you were - only I have a work endorsement written on my visitors visa, however now that place of employment cannot employ me and I'm looking for other work.
> Did you manage to find work? if so how did you go about getting your visa endorsed? does it mean re-doing the whole visa application process?
> Many thanks


Yes, the whole process again meaning a new application.


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## Yb2014 (Aug 15, 2014)

jonathan_sil said:


> Hi Yb2014 -
> I am in sort of the same boat as you were - only I have a work endorsement written on my visitors visa, however now that place of employment cannot employ me and I'm looking for other work.
> Did you manage to find work? if so how did you go about getting your visa endorsed? does it mean re-doing the whole visa application process?
> Many thanks


Hi jonathan_sil,

Sorry it took me a while to answer... The email notification just went to the junk folder and didn't even see it until now.

Yes, I managed to find work and fortunately got my employer to sponsor my visa application. They got Deloitte to help, and the application process went smoothly but took a very long time.

I had to obtain all the documents again for the work endorsement, which was not that fun, having to obtain police clearance reports from the UK and SA again... And the first SA one came with an error and I had to reapply... My visa now says 'to accompany SAC XXX (ID number XXX) while taking up employment at [EMPLOYER NAME]. 

Hope your application goes well!!


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