Quick Answer: Permanent Residence Spouse South Africa
The spousal route to permanent residence is available to the spouse of a South African citizen or permanent resident, normally after a qualifying period during which the marriage has subsisted.
Meeting the qualifying period is necessary but not sufficient. The relationship must still be genuine and subsisting at the time of application, and evidence covering the whole period is expected. Requirements.co.za is an independent information website. It is not a government department, immigration practitioner or financial adviser, and nothing here is immigration, legal or financial advice.
Who This Requirement Applies To
This guide is for foreign spouses considering permanent residence rather than a further temporary visa.
For the temporary route, see Spousal Visa Requirements South Africa.
Eligibility Requirements
Both the qualifying period and the continuing relationship are assessed.
Applicant type
- Qualifying period. A defined period of marriage is normally required. Confirm the current period, and when it is measured from.
- Subsisting relationship. The marriage must still exist and the relationship continue at the time of application.
- Spouse status. Your spouse must be a South African citizen or permanent resident.
- Conditional grant. Residence granted on this basis may be subject to conditions relating to the relationship continuing for a period afterwards.
- Relationship evidence over time. Covering the qualifying period rather than a snapshot.
- Standard requirements. Police clearance from all countries of residence, and medical reports.
Documents You May Need
The relationship evidence here spans years rather than months, which is what distinguishes it from a temporary application.
Required proof
- Passport and completed application form for the category.
- Marriage certificate, legalised where issued abroad.
- Spouse identity document or permanent residence permit.
- Relationship evidence covering the qualifying period.
- Evidence of prior temporary status held during that period.
- Police clearance from every country of extended residence, and medical reports.
Steps to Apply or Prepare
Confirm the qualifying period and whether it has been met before applying, since applying early wastes the fee and the document work.
Assemble relationship evidence covering the whole period, drawing on documents generated year by year.
Start foreign police clearances first, then medical reports last, and submit the complete file.
Costs, Processing Times and Validity
Fees, multiple police clearances, medical reports and legalisation all apply. Processing is generally lengthy. Conditions attached to a grant on this basis may be reviewed, so keep records after approval as well.
Common Mistakes and Delays
Common mistake
- Applying before the qualifying period has been met.
- Relationship evidence covering only recent years.
- Assuming residence on this basis is unconditional.
- Allowing temporary status to lapse while the application is pending.
- Police clearances expiring while others are obtained.
Where to Confirm Official Requirements
Confirm the current qualifying conditions, prescribed amounts and process with the Department of Home Affairs. The Official Requirements Sources South Africa page links to the responsible bodies.
Frequently Asked Questions
How long must we be married?
A defined qualifying period normally applies. Confirm the current period and when it is measured from with the Department of Home Affairs.
Is residence on this basis conditional?
It may be subject to conditions relating to the relationship continuing for a period. Confirm what applies to a grant in your circumstances.
What evidence is needed?
Relationship evidence covering the qualifying period, not only recent documents, together with the marriage certificate and standard requirements.
What happens if we separate afterwards?
Conditions attached to a grant may be affected. Take qualified advice rather than assuming the position is settled.
Where can I confirm the requirements?
Confirm with the Department of Home Affairs.