# Spousal visa + work endorsement application timeline



## mrmanager (Jan 21, 2015)

I will be applying for my Spousal visa in the US and am hoping to apply for work endorsement at the same time. I've heard that spousal visa processing times in the US are a bit quicker, but would adding the work endorsement to the application increase processing time? If so, how long could I be expected to wait? Any anec-data on applying for the spousal visa from within the US (either with or without work endorsement)? 

Any information would be greatly appreciated.


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## LegalMan (Dec 26, 2012)

Hi mrmanager, 

You are able to apply for a long stay visitor's visa on the basis of being married to a SAC with the right to work in the US. This visa is known as a Section 11(6). The processing time is not affected and usually takes 10 - 15 working days in most of the South African Embassies in the US.


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## CaseGuy (Feb 10, 2015)

*Successful 11(6) with working rights application from abroad?*

Hi LegalMan,

Can you please confirm that you're aware of successful applications for 11(6) with working rights applications from foreign embassies, as previously I've understood that the work endorsement itself can only be done from South Africa?

Secondly, if an application is pending with the DHA in SA (but there's been no movement in over 6 months), is it legal and possible to reapply through a foreign embassy abroad?

Thanks in advance and thanks for all your great help on these forums.


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## bholaliki (Apr 14, 2014)

Legal Man if you could please explain further on this long stay visitor's visa. I am currently on spousal permit and would like to do a work endorsement.


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## Fynbos (Jan 8, 2015)

Hi 

@caseGuy: Yes, you can apply for the work endorsement. The problem comes in with other endorsements like conducting your business e.g. We have found that most embassies refuse to recognize those "business" endorsements, however the success-rate for work endorsements are very high. The best advice would be to contact the embassy in advance and ask them about the requirements for the endorsement to gauge whether they issue endorsements. We recently got the High Commission in Canberra to issue a business endorsement on an 11(6) visa after fighting with them for over a month! They only recognized work endorsements (like most embassies), but eventually agreed.
So, I believe it is possible to even get a work endorsement if the embassy does not recognize it if you are willing to put up a fight.

Re your second question: the best advice would be to either send a letter of demand and force them to give you an outcome or cancel the pending application by simply submitting a letter. Although DHA and the Embassies don't work on the same system and your plan would theoretically be able to work, there is a risk that they might pick up on the pending application (albeit a very small risk). Furthermore, even if you get a new visa abroad and still receive no outcome on the pending one, it will prohibit you form launching any renewals or extensions in SA, if the pending one has not be approved, rejected or cancelled.

@bholaliki, just to confirm, are you on a Relative's visa at the moment? You will simply change to a Section 11(6) visitor's visa with a work endorsement. Essentially you will submit the same documents as with your relative's visa (based on your spouse), but you will also include an offer of employment or a signed work contract. The visa will then be issued with an endorsement on it that states you are allowed to conduct work for a specific employer. If you wanted to change jobs in the future, you would have to re-apply for a new visa in order to change the employer mentioned on the visa.

Good luck with those applications.
Go get'em!


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## CaseGuy (Feb 10, 2015)

*Freelance work?*

Hi Fynbos,

Excellent reply, thanks for the detail - much appreciated.

My only follow-up on that would be that I'm assuming when you refer to "business endorsements" on an 11(6) then this will fall in the same category as an 11(6) with "freelance work authorization", with the same unwillingness from embassies to endorse a visa with this if it's not a direct job offer from South Africa?

Bottom line is, we're most definitely willing to put up a fight. My spouse is currently on a Relative's Permit (obtained abroad) with no working rights, we've applied for a 11(6) with freelance work authorization in SA but it's taking forever, so best bet might be to cancel as you advised and then go the foreign embassy route when we're next abroad.

Regarding cancelling the application, does this need to done via VFS too or should we simply mail something off to DHA - and do we need an acknowledgement receipt from them to prove the cancellation?

Thanks again.


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## Fynbos (Jan 8, 2015)

Hi CaseGuy

OK, a few things regarding the work and business endorsements. When you apply for a work endorsement, it will be to work as an employee for a specific company. When you apply for a business endorsement, you apply to establish a business and run it from SA. Usually these businesses are sole proprietorship businesses and part of the documentation includes a business plan and an undertaking to register with SARS. Calling it "freelance work authorization" might pose further difficulties on top of the already existing dilemma. It might seem as though you are trying to circumvent the work endorsement (that only allows you to work for a specific employer) or that you are trying to bend the rules of a business endorsement. Many people find it helpful to set up their own business as a consultancy firm (sole proprietorship) and then conduct their business through clients, etc.
The latter seems more likely to be the best option for you. You would ideally want to make the battles with the embassies as little as possible as they can be very unaccommodating at times (it really depends on the person you are dealing with on the day). The biggest hurdle is therefore to get them to recognize that the business endorsement does exist (and that it is not the same as a Section 15 Business Visa which requires all sorts of additional requirements). This is done by sending copies of the Act and Regulations and arguing back and forth. Your approach might also depend on the Embassy you are trying to convince. Might I ask which Embassy you will be approaching? Perhaps we have some previous experience dealing with them about the matter.

If you want the details of the person to e-mail regarding the cancellation, send me a PM.

Best,


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## LegalMan (Dec 26, 2012)

CaseGuy said:


> Hi LegalMan,
> 
> Can you please confirm that you're aware of successful applications for 11(6) with working rights applications from foreign embassies, as previously I've understood that the work endorsement itself can only be done from South Africa?
> 
> ...


Hi CaseGuy, 

Yes, I am aware of successful cases of section 11(6) visa applications through the South African Embassies in Washington and New York. It is extremely important that you make contact with the Embassy prior to submission and explain your application category to them and then submit proof of the category using extracts from the Immigration Regulations and Act. 

If you applied for a visa in SA and the application is still "processing" on the VFS system, then you can go ahead and submit an application abroad. Once you return to SA on your valid temporary residency visa and your SA application is still processing, you should submit a request to cancel the application to the Department of Home Affairs. 
If the visa has been issued and ready for collection at VFS, do not collect the visa, as VFS will send it back to the Head Office to be destroyed after 4 weeks.


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## j0ty (Apr 23, 2014)

Hi,

Am I reading correctly that it is possible to submit for work endorsement from overseas embassies? Say I am currently on Spousal permit with no endorsement, and then I received a job offer. When I fly back to my home country (Singapore), I just have to submit all the documents for section 11(6) to get a work endorsement on my trp?

I am thinking, to solve the trouble of having to reapply endorsement every time I change job, would it be better to apply for a "change of condition" to a work permit instead of holding on to a spousal permit?


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## LegalMan (Dec 26, 2012)

Dear j0ty, 

Changing conditions on a work visa (critical skills only), should you have the name of your employer endorsed onto your visa, is a slightly more taxing application that a Sec 11(6). If you were to be issued a general work visa and you had to change jobs, you would need to apply for a whole new general work visa again. 

You only need to submit your application in Singapore if your section 18 (relative's spousal visa) jhas expired. Otherwise, you are allowed to change status within South Africa from a section 18 to that of a section 11(6). 

Most embassies accept section 11(6) with the correct information and and confirmation of the category.


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## j0ty (Apr 23, 2014)

LegalMan said:


> Dear j0ty,
> 
> Changing conditions on a work visa (critical skills only), should you have the name of your employer endorsed onto your visa, is a slightly more taxing application that a Sec 11(6). If you were to be issued a general work visa and you had to change jobs, you would need to apply for a whole new general work visa again.
> 
> ...


Dear Legalman,

I am currently on spousal permit which I applied in Singapore. I just got a job offer today. The cumbersome thing is I have to apply for a police certificate from Singapore again for the work endorsement. Since I would like to visit my family as I left in a rush for my wedding here in SA, I thought perhaps I can get everything done (work endorsement on my spousal permit) at the SA commission in Singapore instead of VFS here. I will check with the SA commission in Singapore now.


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## Daddy (Feb 17, 2015)

Hi there - need some advice please
My wife has a visitor visa ( accompanying husband on a valid work permit) that expires in 2018
I have just obtained permanent residency status few days ago. And I would like her to apply for another visa which will allow her to work.
She got a degree in adm. From the university of Pretoria 
Any guidelines ?
Thanks


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## LegalMan (Dec 26, 2012)

Hi Daddy, 

Is there a reason your wife was not included in your permanent residency application?
Now that you are a permanent residency holder, your wife is entitled to apply for permanent residency. 
Has your wife been offered employment? Have you gone through the critical skills list to determine whether her profession falls under any of the categories?


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## Daddy (Feb 17, 2015)

Thanks Legal man
My wife was not included in my PR application because she was busy with a legalization process- when I was submitting my PR application- when the DHA gave her an accompanying husband visitor visa - my application was already submitted ( visitor visa to be with husband on valid work permit)
She can only apply for PR next year since we got married on October 2011( 5years of marriage)
She has no offer of employment yet- she is busy hunting for a job but most companies ask for work permits- they do not understand this offer of employment thing
Her qualifications BA admin does not fall under critical skills category 

Thanks
Daddy


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