# Entering SA on a spouse visa



## signol (May 18, 2011)

Hi,
I'm British and my wife is South African, we've been married for over 5 years now. At some point we would consider moving to SA, but I have a couple of questions about the spouse visa:
1. If I apply and get the visa from the UK High Commission, is there a time limit in which I have to enter South Africa? 
2. Again, once in possession of the visa, would I have to stay in SA permanently from then? As I'm thinking of applying now, entering the country on our regular annual visit, but not actually emigrating just yet. (We think another 3 - 4 years or so).
I've searched for these questions on the SA House UK website, as well as the Home Affairs website in SA.
Thanks
signol


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## Saartjie (Mar 1, 2010)

signol said:


> Hi,
> I'm British and my wife is South African, we've been married for over 5 years now. At some point we would consider moving to SA, but I have a couple of questions about the spouse visa:
> 1. If I apply and get the visa from the UK High Commission, is there a time limit in which I have to enter South Africa?
> 2. Again, once in possession of the visa, would I have to stay in SA permanently from then? As I'm thinking of applying now, entering the country on our regular annual visit, but not actually emigrating just yet. (We think another 3 - 4 years or so).
> ...


Hi there,

1. I am not sure if there is a time limit but I think so. Also remember that a spousal permit cannot be issued from abroad but can only be applied for and issued in South Africa. If you apply for a spousal permit in the UK you will be issued with a Relatives Permit instead and this will not allow you to work. However if you are applying for the Permanent Residency then this can be issued abroad.

2. You can leave SA as much as you like once you have been issued with your permit. However, if you are applying for a Spousal Permit this is only valid for a period of two years which means if you are intending to move in 3-4 years then the permit will have expired in any event. I am not sure how it works with a PR but I think there must be a time limit on when you must enter the country at least for the first time. Perhaps someone else has more info on this.

If I were you I would speak to an immigration lawyer regarding the above to ensure that you are not applying for something that you later on cannot use. It will save you a lot of trouble.


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## signol (May 18, 2011)

Hi Saartjie,

Thanks for this, it sheds some light onto things  

signol


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## LegalMan (Dec 26, 2012)

> 1. If I apply and get the visa from the UK High Commission, is there a time limit in which I have to enter South Africa?


Your time limit is essentially the limit of your permit, once received. In other words, if you apply for a permit and receive it, the dates of start and of expiry will be clearly stated. While no-one will stop you at the border if you first enter SA one full year into a two-year permit, you may be asked a lot of questions as this is very rare. 



> 2. Again, once in possession of the visa, would I have to stay in SA permanently from then? As I'm thinking of applying now, entering the country on our regular annual visit, but not actually emigrating just yet. (We think another 3 - 4 years or so).


A permit can be issued for any length of time that Home Affairs feels is fit, not always two years. However, it is usually two years with a Spousal Permit. Since you have been married to a South African for over 5 years, you can apply for Permanent Residency at the same time that you apply for the Spousal Permit. You should receive your PR before the Spousal Permit runs out. On either permit, you can enter and leave as you please.

In general, however, Saartjie is right, you need to speak to an immigration lawyer.


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