# Paperwork for Spousal Visa



## mrmanager (Jan 21, 2015)

I am preparing to marry my South African fiance in the US, file the paperwork, and move to South Africa. 

My understanding is that to apply for a spousal visa (section 18), I would need to fill out form DHA/B-1738. However, this would not provide me with a work endorsement. To get the work endorsement added, would I add my job offer to the application package? Or would I fill out DHA/B-84? This form is suggested for those who are applying for a visitor's visa for spouse of South Africans who do not qualify for a general work permit.

Just trying to ensure I have dotted all my i's and crossed all my t's.


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## irishexpat (May 25, 2011)

Hi, in the absence of replies from the resident experts...
The spousal visa (relatives visa) doesn't in itself permit you to work. If you qualify for a spousal visa, you can apply for permission to work if you have a job offer. If you already have a spousal visa, this means a completely new application.
In your case it sounds like you have a job offer and are about to get married.
Once you're married, apply for the spousal visa AND the work endorsement at the same time. It's the same form, B1738, you include your job offer and write "to reside with SA spouse and work at X" on the application. If you apply for a B84, its just a visitors visa and when you get to SA you would have to apply for the B1738 anyway.
It comes from a particularly bizarre DHA interpretation of the law. The courts ruled that a foreign spouse has the right to work and this can't be denied. DHA, instead of accepting this as implicit in the spousal visa, ruled that they would "endorse" a spousal visa with permission to work only if you prove you need it. There actually is no endorsement to an existing visa, you apply for a new one.
They can't deny you permission to work, but insist they must process your permission explicitly for the employer you want to work for. Which means that if you change employer you go through the process again.


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## irishexpat (May 25, 2011)

PS, you will be applying under Section 11(6) of the Act, which is a spousal visa with work endorsement. Make sure you write that down on the form..


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## LegalMan (Dec 26, 2012)

mrmanager said:


> I am preparing to marry my South African fiance in the US, file the paperwork, and move to South Africa.
> 
> My understanding is that to apply for a spousal visa (section 18), I would need to fill out form DHA/B-1738. However, this would not provide me with a work endorsement. To get the work endorsement added, would I add my job offer to the application package? Or would I fill out DHA/B-84? This form is suggested for those who are applying for a visitor's visa for spouse of South Africans who do not qualify for a general work permit.
> 
> Just trying to ensure I have dotted all my i's and crossed all my t's.


Hi mrmanager, 

The first important pieced of information that I need from you is to confirm whether you have received an offer of employment. Please also confirm which embassy in particular you are applying through, as some embassies don't recognize work endorsements. 
As a spouse of a South African citizen (with a work offer), you will be issued with a:
Long Stay Visitor's Temporary Residency Visa on the basis of being married to a South African citizen and holding the right to work. 
Bit of a tongue twister. 
We all know it would make sense for the Department to rather endorse the Section 18 relatives visa, but then that would be too easy...


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## mrmanager (Jan 21, 2015)

Legalman, 

I have not received an offer of employment. I am merely trying to cover my bases so that I am prepared in the event that this occurs, so that I can apply with the proper materials at the Los Angeles embassy. I have asked around the internet about information on applying through La but have found shockingly little.


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