# Renewal of Relatives Visa (spouse) with business permit



## Damiana (Nov 17, 2012)

I learned that my Relatives Visa (spouse) with business permit had been successfully renewed yesterday - within 6 weeks of application. I have found this website such a help over the years, so wanted to share with you a bit of information about the process I followed.

I am a British citizen, married to a South African, and I do freelance work here as a 'sole proprietor' - which means I need a business endorsement on my visa.

A few people have posted that to renew a Relatives Visa you need to re-submit all the documents needed for a first application. VFS confirmed this when I submitted my application - they had a long checklist in front of them. HOWEVER, I told them that their checklist was contrary to the new Immigration Regulations. I had printed out page 125 which shows that only 3 documents need to be submitted for renewal of a Relatives Visa (you can download the regulations here - http://www.dha.gov.za/images/final_Immigration_Regulations_2014_1.pdf). Furthermore the financial assurance is not needed for spouses so I only needed to submit two of these documents.

The VFS official proceeded to put big crosses next to all the documents on her checklist I had not submitted. I insisted that my copy of page 125 was submitted as part of my application and on it I ticked the two items that I had submitted. I added a note emphasising that I was therefore meeting all the requirements of the new regulations.

The VFS official indicated my application was unlikely to succeed, but I said I wanted to submit it as was.

As I said, my application was processed within six weeks and was successful.

I submitted:
- South African police clearance (not British one).
- copy of marriage certificate
- letter from SA spouse confirming we are still married and that he will provide financial and emotional (!) support
- certified copies of passport and of current visa
- certified copy of husband's ID book

For the business endorsement I submitted:
- CV
- copy of SARS registration
- business plan (one side of A4 outlining the kind of freelance work I do)

I have to say, given all the very difficult experiences of others under the new regulations, I was fully expecting to be told yesterday that my application had failed. I don't know if my case is anomalous, but if you are going to try submitting the minimal documents I strongly recommend that you print out the relevant page (p125) of the regulations and include a note stating that you are meeting all the requirements of the new regulations.

I really hope this is helpful to others.


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## saffalass (Sep 28, 2014)

Thank you *so much* for this info.

My partner and I are waiting on his relative's permit to come through here in the UK before we move to South Africa. Once he moves there, he will be a similar role as you (freelancing) and I was getting a bit panicked that he might have to experience the DHA issues first hand, but this sounds promising. 

I don't suppose you know if your process is valid for also APPLYING for a business endorsement once you have the relative's permit?


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## Damiana (Nov 17, 2012)

Saffalass, I followed the same process as your husband two years ago - I got my relatives permit in the UK and then my business endorsement in the UK.

It was fairly straightforward but I could never officially find what the proper process was - and I still can't find it written down anywhere.

When I got to SA, I went to Home Affairs with a completed form 'Application for change of conditions on existing visa' - DHA-1740, Form 9, p99 of the regulations. I assume you now complete a comparable form via the VFS website.

As you can see, DHA-1740 requests the full set of supporting documentation that is submitted with the original visa application, but I didn't submit this. I was submitting my endorsement application less than 6 weeks after getting my visa in the UK - i.e. all the forms (medical, radiology, police clearance) that had been submitted there and seen by the SA consulate in London were still recent enough to be valid.

So along with the form, I simply submitted:
•	Certified copy of passport
•	Certified copy of temporary residence permit in passport
•	Certified copy of husband’s ID book
•	Certified copy of marriage certificate
•	Letter of support from spouse

•	Business plan for sole proprietor business (one side of A4)
•	Curriculum vitae
•	SARS registration form (very simple to get - just go to nearest SARS office with your passport)

My endorsement came through in a matter of weeks.

Hope this helps!


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## saffalass (Sep 28, 2014)

This is very useful, thanks. 
Does that mean your supporting docs were returned to you when you received your visa in the UK then?


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## misterteejtm (Oct 14, 2014)

*Baba*

Hi Damiana,

thanks for the update as regards to business endorsement, did you write out the business plan yourself or will i need to pay for it through DTI (one side of A4 outlining the kind of freelance work I do). I don't have the idea.

BABA.


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## jubari (Oct 27, 2014)

*Help!!!!*

Good day sir
Please i want to know what to do as i was recently declined my relative’s visa due to no South Africa police clearance and was asked to appeal within 10 working day..The problem now is that i was in an accident and it is past the 10 working day..I need to know if it is possible to reapply again..Your help would be greatly appreciated..Thank you


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## hilrap (Jul 31, 2014)

Hi Damiana,

Thank you so much for this helpful information. I'm also in the process of gathering documents for a renewal of my Spousal Visa. I will submit the same documents as you have described, since I do not want to spend the money to have all my other non-English documents translated again, etc. Bad enough that we now have to pay R1350 for visa appointments. :-(

May I ask, if 

•	Business plan for sole proprietor business (one side of A4)
•	Curriculum vitae
•	SARS registration form (very simple to get - just go to nearest SARS office with your passport)

are the same documents you had originally submitted for the business endorsement? Me too, I'm freelancing, yet DHA had always given me too many conflicting information with regards to the business endorsement requirements. (E.g. they kept insisting that I'd have to employ at least 5 RSA nationals, etc..).. 
To make things easier, I then decided to rather opt for a work endorsement on my wife's company... ;-)

Yet, I would prefer to submit my renewal request not with a work endorsement again, but an application for a business endorsement. My questions to the experts here, would that constitute in a "change of condition" for which I would have to leave the country to apply? 

Thanks again for great help!

Regards
hilrap


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## LegalMan (Dec 26, 2012)

I'm very happy to see that this worked, please be careful though. Not including all the documents can cause rejections even if the law states certain documents were not needed. Another legal clause allows Home Affairs to reject any application without the correct documents.


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## Damiana (Nov 17, 2012)

saffalass said:


> This is very useful, thanks.
> Does that mean your supporting docs were returned to you when you received your visa in the UK then?


No they are not returned. I just assume that I was successful first time taking this approach (i.e. not resubmitting all the supporting docs needed for a relatives visa when I applied for the business endorsement here) because Home Affairs knew that the SA consulate had seen all these docs less than 2 months previously. The only documents I submitted are those that I listed.


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## Damiana (Nov 17, 2012)

LegalMan said:


> I'm very happy to see that this worked, please be careful though. Not including all the documents can cause rejections even if the law states certain documents were not needed. Another legal clause allows Home Affairs to reject any application without the correct documents.


Yes I agree with your caution and as I say, we were quite surprised to get a positive result. Even more delighted when we realised the relatives visa had come through for three years not two!

The thing is there is no single definition of 'the correct documents'. There is one version in the regulations, one version on the VFS website, and another version used by VFS officials. The point I emphasised when I submitted my application was that I was enclosing all the documents *required by the law *and therefore was including 'the correct documents'.


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## Damiana (Nov 17, 2012)

jubari said:


> Good day sir
> Please i want to know what to do as i was recently declined my relative’s visa due to no South Africa police clearance and was asked to appeal within 10 working day..The problem now is that i was in an accident and it is past the 10 working day..I need to know if it is possible to reapply again..Your help would be greatly appreciated..Thank you


Sorry Jubari, I'm afraid I don't know anything about appeals. Perhaps start a new thread and see if others can help you?


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## Damiana (Nov 17, 2012)

In response to the two queries about business endorsements...

These are more straightforward for spouses of SA citizens, and you do not need to fulfil all the criteria or submit all the documents that are usually required for a business endorsement.

The three documents I mentioned - business plan, CV and SARS registration - are the only three documents I submitted both for my original business endorsement two years ago, and for my recent renewal.

My business plan was one side of A4 (though it could be longer - I just like to be succinct!) stating:
- the focus of my freelance work
- who my clients are/ are likely to be
- the specific services I would offer clients
- a brief summary of the experience and skills that make me competent to freelance in this area


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## saffalass (Sep 28, 2014)

Thanks so much, Damiana, you've been a great help.

You're also spot on with the which docs are actually required point. All very confusing. Might try your route of not resubmitting absolutely everything and cross fingers and toes that they treat us the same way.


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