Where you are married to a South African citizen or permanent resident, the application is made under the spousal provisions of the Immigration Act 13 of 2002. A marriage certificate makes this more straightforward than the life partnership route, which must prove a relationship without one.
It is still assessed carefully, because marriages of convenience are a known problem. But a genuine marriage with proper documentation is a considerably simpler application than an unmarried partnership.
Eligibility and Entry Requirements at a Glance
The requirements for a spousal application.
- A valid marriage to a South African citizen or permanent resident
- A marriage certificate, unabridged where issued in South Africa, and apostilled or authenticated where issued abroad
- Proof that the marriage is genuine and subsisting, not one of convenience
- Proof of the South African spouse’s citizenship or permanent residence
- A valid passport with sufficient remaining validity and blank pages
- Police clearance from every country of residence for the prescribed period
- A medical report and a radiological report on the prescribed forms
- Both spouses may be interviewed, separately
Passport and Travel Document Requirements
Foreign marriage certificates need legalisation. A marriage certificate issued outside South Africa generally requires an apostille, where the issuing country is party to the Hague Convention, or authentication through the South African mission where it is not. It also needs a sworn translation if not in English. This is the step most likely to delay the application.
Marriages concluded abroad are generally recognised in South Africa if valid where concluded, but registration of the marriage with Home Affairs may be required or advisable, particularly for later applications and for permanent residence. Confirm what applies to your circumstances.
Previous marriages must be documented. A divorce order or a death certificate is required where either party was previously married. A marriage concluded while a previous one subsisted is not valid, and this occasionally surfaces in applications.
Customary and religious marriages. South African law recognises customary marriages registered under the Recognition of Customary Marriages Act, and religious marriages may or may not be recognised depending on how they were concluded and registered. Where your marriage is of either kind, confirm its recognition status before applying, because it determines whether the spousal route is available.
Interviews are conducted and both spouses may be asked about the relationship separately. Genuine couples generally find this straightforward; it exists because the category attracts fraudulent applications.
Visa and Supporting Document Requirements
The document set.
- Completed application form for the relevant visa category
- Passport valid for the prescribed period, with blank pages
- Passport photographs meeting the specification
- Marriage certificate — unabridged, apostilled or authenticated and translated where issued abroad
- Proof of the South African spouse’s citizenship or permanent residence
- Divorce order or death certificate, where either party was previously married
- Proof that the marriage is genuine — shared address, joint finances, correspondence, photographs over time
- Police clearance certificates from each country of residence
- Medical report and radiological report on the prescribed forms
- Proof of the spouse’s financial means, where required
- Unabridged birth certificates for any children included
- Proof of payment of the prescribed fee
Financial, Health and Entry Conditions
Confirm every figure and requirement before you apply. Visa fees, processing times, forms and document lists change frequently and differ between missions and application centres. Work only from the issuing authority’s own official website, and treat anything else — including this page — as orientation rather than as the requirement.
The visa does not automatically permit work. The Act provides for authorisation to work, conduct business or study in defined circumstances for spouses, but it is not automatic and must be applied for or endorsed. Confirm what applies to your specific visa before taking employment — working without authorisation is a breach affecting both you and your employer.
Renewal requires proof the marriage continues, with updated evidence. Keep the documentation going rather than assembling it once.
Permanent residence is available in defined circumstances after the marriage has subsisted for a prescribed period. It is a separate application, and understanding the timeline from the start helps you keep the right evidence.
If the marriage ends, the basis for the visa ends. This is difficult, particularly where there are children or where one spouse is financially dependent. Take advice promptly rather than allowing status to lapse, because options exist while a visa is valid that do not exist afterwards.
Marriages of convenience are prosecuted, and a finding results in refusal, a declaration of undesirability and a ban. That is why the scrutiny exists, and it is why genuine couples should document their relationship properly rather than resenting the question.
Children of the marriage may apply as dependants, and where a child is a South African citizen by descent, registration of their birth with Home Affairs is a separate and important step.
On agents and “guaranteed” visas. You do not need an agent, applications can be made directly, and official fees are published. Nobody can guarantee an outcome. Anyone offering to obtain a visa outside the normal process, or asking for payment to influence a decision, is not operating lawfully — and false documents result in refusal and, commonly, a multi-year ban.
How to Prepare or Apply
Applications from outside South Africa are made at the South African mission in your country. Applications from within South Africa, where the category permits, are made by appointment at a VFS Global centre.
Start with the marriage certificate and its legalisation, and with police clearances. Those two set the timeline and everything else can be assembled while you wait for them.
- Arrange apostille or authentication of a foreign marriage certificate early
- Obtain sworn translations for anything not in English
- Confirm the recognition status of a customary or religious marriage
- Provide divorce orders or death certificates for previous marriages
- Assemble evidence that the marriage is genuine, over time
- Do not work until you have confirmed your visa permits it
- Renew before expiry with updated evidence
- Understand the permanent residence timeline from the start
- Take advice promptly if the marriage ends
Frequently Asked Questions
Can I work on a spousal visa?
Not automatically. The Act provides for authorisation in defined circumstances, but it must be applied for or endorsed. Confirm what applies to your visa before taking employment.
What if we married abroad?
A marriage valid where concluded is generally recognised, but the certificate needs an apostille or authentication and a sworn translation, and registration with Home Affairs may be required or advisable.
Are customary marriages recognised?
Customary marriages registered under the Recognition of Customary Marriages Act are recognised. Confirm the status of your specific marriage before applying, as it determines whether the route is available.
What happens if the marriage ends?
The basis for the visa ends with it. Take advice promptly, because options exist while a visa is valid that do not exist once it has lapsed.
Requirements, prescribed periods, documents and fees are set by the Department of Home Affairs and are revised. Confirm current requirements with the department or the South African mission in your country.