What Is a Spousal Visa?
A spousal visa is a type of relative’s visa issued by the South African Department of Home Affairs. It allows a foreign national to live in South Africa based on a legally recognised relationship with a South African citizen or permanent resident. This visa is granted to spouses and life partners in civil, customary, or life partnerships recognised under South African law.
Who Qualifies?
You must be legally married or in a life partnership with a South African.
The relationship must be authentic and ongoing.
Life partners must provide proof of cohabitation and shared financial responsibilities.
Both partners must be 18 years or older.
The South African partner must commit to financially supporting the applicant with at least R8500 per month.
Key Benefits of a South African Spousal Visa
1. Legal Residency
Allows a foreign national to reside legally in South Africa based on a spousal or life partner relationship with a South African citizen or permanent resident.
2. Work, Study, and Business Opportunities
Can be endorsed for employment, studies, or business, enabling the holder to:
Work for a South African employer
Study at accredited institutions
Start and operate a business legally
3. In-Country Application Rights
Unlike many visa types, the spousal visa can be applied for from within South Africa, even if you’re on a tourist visa, following the 2019 Constitutional Court ruling.
4. Renewable Long-Term Stay
Typically valid for 2 to 3 years and renewable, offering long-term stability without switching visa categories.
5. Pathway to Permanent Residency
After 5 years of continuous cohabitation, spousal visa holders are eligible to apply for permanent residency, securing indefinite stay rights.
6. Family Unity
Facilitates family life without forced separation, making it easier for international couples to live together in South Africa.
How to Apply for a Spousal Visa in South Africa
Can You Apply from Inside South Africa?
Yes. A 2019 Constitutional Court ruling confirmed that foreign spouses on visitor visas can apply for a spousal visa within South Africa, provided the relationship meets legal criteria.
Where to Apply
Submit your application through VFS Global, the official visa facilitation partner for South Africa.
Applications are processed by the Department of Home Affairs after VFS submission.
Required Documents
Certified copy of the South African partner’s ID or permanent residency permit.
Marriage certificate or affidavit of life partnership.
Proof of financial support (minimum R8500/month via bank statements or employment contract).
Police clearance certificates from all countries lived in for over 12 months.
Medical and radiological reports.
Proof of cohabitation (for life partners only).
Fees and Processing Time
VFS service fee: ~R1550
Application fee: ~ No fee
Processing time: Typically 8 to 10 weeks, depending on volume and completeness.
Spousal Visa Application Form – DHA-1738 and Online Submission via VFS
What Is the DHA-1738 Form?
The DHA-1738 is the official application form for temporary residence permits in South Africa, including the Spousal Visa. It is required for all first-time visa applications.
Is the Form Completed by Hand?
Not in South Africa. If you are applying from within South Africa, the DHA-1738 form is completed online through the VFS Global application portal. Manual (paper) forms are only used for out-of-country or exceptional submissions.
How the Online Application Works
Visit the official VFS Global South Africa website.
Create a VFS account and select “Temporary Residency – Spousal Visa.”
Complete the digital DHA-1738 within your online application.
Upload supporting documents and schedule an appointment at your nearest VFS application centre.
Key Notes
The online system auto-generates a pre-populated PDF version of DHA-1738 for your appointment.
You must still bring a printed, signed copy to your VFS appointment.
Errors on the form can delay processing, so ensure all fields match your documents exactly.
Spousal Visa Endorsements – Work, Study, and Business
What Is an Endorsement?
An endorsement is formal permission added to a South African spousal visa that allows the foreign spouse to legally work, study, or operate a business while residing in South Africa.
Types of Endorsements
Work endorsement – requires a valid employment offer
Study endorsement—based on registration at a recognised institution
Business endorsement – requires proof of registered business, but not a business plan
How to Apply for an Endorsement
Submit the endorsement request with the spousal visa application or as a separate add-on through VFS Global.
Work Endorsement:
Employment contract
Letter of motivation
Employer’s registration details
Study Endorsement:
Acceptance letter from a South African institution
Proof of registration
Accreditation if required (e.g., SAQA)
Business Endorsement:
CIPC registration certificate
SARS tax registration number
Proof of business ownership or shareholding
Key Considerations
Each endorsement is activity-specific (i.e., job, study program, or business).
Any change (e.g., employer switch) requires an updated endorsement.
Endorsements must be renewed with the spousal visa.
What Happens If You Divorce or Separate While on a Spousal Visa?
Immediate Impact on the Visa
A spousal visa is issued based on an active and ongoing relationship with a South African citizen or permanent resident. If the relationship ends through divorce or formal separation, the visa becomes legally invalid.
Legal Obligation to Report
You must notify the Department of Home Affairs immediately after divorce or relationship termination.
Continued stay on a spousal visa after separation is a violation of immigration law and may result in penalties.
Consequences
The visa will be revoked once the relationship no longer qualifies under the original conditions.
Overstaying after revocation may result in being declared undesirable and barred from re-entry for up to 5 years.
Options After Relationship Ends
Apply for an alternative visa, such as:
Critical Skills Visa
General Work Visa (with employer sponsorship)
Business Visa (if self-employed and qualifying)
Leave South Africa before visa expiration to avoid penalties.
Life Partner Visa—An Alternative to Marriage-Based Spousal Visas
What Is a Life Partner Visa?
A Life Partner Visa is a variant of the Relatives Visa issued to unmarried couples in a permanent, committed relationship where one partner is a South African citizen or permanent resident. It offers the same rights as a spousal visa, including endorsements for work, study, or business.
Eligibility Requirements
A minimum of 2 years of proven cohabitation in a committed relationship
Both partners must be 18 years or older.
Relationship must be exclusive, genuine, and ongoing
Required Documentation
Affidavit of life partnership, signed by both parties
Proof of cohabitation, such as joint leases, utility bills, or shared bank accounts
Financial support documents, similar to those for spousal visas (R8500/month)
Certified copy of South African partner’s ID or PR certificate
From Spousal Visa to Permanent Residency in South Africa
Eligibility for Permanent Residency
A foreign national on a Spousal Visa or Life Partner Visa becomes eligible to apply for Permanent Residency after 5 years of continuous cohabitation with a South African citizen or permanent resident.
Requirements
Proof of at least 5 years of uninterrupted relationship (marriage or life partnership)
Updated affidavit confirming ongoing relationship
Evidence of financial support and cohabitation throughout the 5-year period
Valid temporary residence visa at the time of application
Application Process
Submit a Permanent Residency Permit (PRP) application to the Department of Home Affairs.
Include:
Valid spousal or life partner visa
5-year cohabitation proof
Certified ID of South African partner
Supporting affidavits and financial documentation
Applications are submitted either through VFS Global or directly to Home Affairs (depending on updates to processing channels).
Benefits of Permanent Residency
No visa renewal required
Full work and study rights
Long-term stability for families
Eligibility to sponsor relatives under certain conditions
Frequently Asked Questions
What are the requirements for a spousal visa in South Africa?
You must be legally married to or in a recognised life partnership with a South African citizen or permanent resident. You’ll need proof of the relationship, financial support of at least R8500/month, and supporting documents such as a marriage certificate or affidavit.
Can I apply for a spousal visa while on a tourist visa?
Yes. A 2019 Constitutional Court ruling allows foreign spouses to apply for a spousal visa from within South Africa, even while on a visitor’s visa.
How long does the spousal visa process take?
The average processing time is 8 to 10 weeks, depending on submission quality and Home Affairs volume.
Can I work or study with a spousal visa?
Yes—but only with an official endorsement added to your visa. You’ll need to apply for this endorsement separately or during your visa application.
What happens to my visa if I get divorced?
Your spousal visa becomes invalid. You must report the change to Home Affairs and apply for an alternative visa if you wish to remain in South Africa.
What documents do I need to apply?
Key documents include:
Marriage certificate or cohabitation affidavit
South African partner’s ID
Proof of financial support
Police clearance(s)
Medical reports
