Home Affairs advice

d0b33

d0b33

Honorary Master
Joined
Jul 16, 2004
Messages
17,506
Reaction score
493
Location
Western Cape
My SO has a visa for this country that expires in July, around March/April we applied for a spousal visa which is still pending and I have not received a tracking/reference number for this yet.

Regarding legality is she forced to leave SA for Europe before her current visa expires or is she allowed to stay and wait for her spousal visa status?

Thanks in advance
 
She must NOT over stay her current visa. Just because you have an application in does not allow you to over stay your current visa. She will be penalised and it could affect the current application.

But you can apply for an extention to the current visa (depending what it is), or, as i have done in the past, is just before the current visa is about to expire, take a drive to Gabarone or Swaziland for a night or two then come back. Depending on the immigration officer on duty they will give a new visa for 30-120 days (visitor visa).

BTW visa applications can take up to 12 months these days so dont get your hopes up.
I have been through all this over the past few years.
 
Thanks... ok I'm in cape town so driving not an option she'll probably have to leave for Europe... 12 months? yikes!
 
When I was rejected initially for PR (applied as a spouse) we contested the decision on the grounds that my previous wife a constitutional right to abode in SA and an obligation to be with her husband. I've never heard of a spousal visa though.

They should have given you a reference number when you applied.
 
bwana said:
When I was rejected initially for PR (applied as a spouse) we contested the decision on the grounds that my previous wife a constitutional right to abode in SA and an obligation to be with her husband. I've never heard of a spousal visa though.

They should have given you a reference number when you applied.
Click to expand...

The mentioned that they'll SMS my reference, "modern" system they're using now, still a few bugs need to be worked out it seems.
 
Ok, first of all, If you have applied for a visa extension and you have a paper (acknowledgement of acceptance or something like that) with a date stamp on it, then she can stay in the country until you will get an official answer. If you DO have such paper, but DON'T have the reference number, call their toll free line, they will ask you your partner's passport number etc, and then they will give you the reference number. Currently there is huge back log regarding long term visa extensions. So, yeah, as long as you managed to apply for extension or new type of visa before the current one is expired, she doesn't need to leave the country until you will get the official answer.
Tollfree number: 0800601190
 
Last edited:
Kenny said:
Ok, first of all, If you have applied for a visa extension and you have a paper (acknowledgement of acceptance or something like that) with a date stamp on it, then she can stay in the country until you will get an official answer. If you DO have such paper, but DON'T have the reference number, call their toll free line, they will ask you your partner's passport number etc, and then they will give you the reference number. Currently there is huge back log regarding long term visa extensions. So, yeah, as long as you managed to apply for extension or new type of visa before the current one is expired, she doesn't need to leave the country until you will get the official answer.
Click to expand...
Ok 2 different opinions now, yes I got the stamped paper, I've emailed and called for a reference, they're saying I should be patient... but I've been patient for 3 months already!...

I'll visit DHA on Friday and try and get a 3rd opinion...

Thanks
 
Aqua_lung said:
Ok 2 different opinions now, yes I got the stamped paper, I've emailed and called for a reference, they're saying I should be patient... but I've been patient for 3 months already!...

I'll visit DHA on Friday and try and get a 3rd opinion...

Thanks
Click to expand...

Have you been there after they renovated the place? The idea is good, but the implementation is totally screwdup. Consultant on the phone should have been able to give you Ref. number. At DHA they will tell you that all applications are now sent to Pretoria and you have to wait.
 
Kenny said:
Have you been there after they renovated the place? The idea is good, but the implementation is totally screwdup. Consultant on the phone should have been able to give you Ref. number. At DHA they will tell you that all applications are now sent to Pretoria and you have to wait.
Click to expand...

Yeah I've been there twice, seems chaotic now yeah, I'll call and go for good measure, I've called before but was told no record of my application then I emailed and received a reply 2 weeks later and was told someone had looked at it and I should receive a reference soon, that was 9 days ago.
 
Aqua_lung said:
My SO has a visa for this country that expires in July, around March/April we applied for a spousal visa which is still pending and I have not received a tracking/reference number for this yet.

Regarding legality is she forced to leave SA for Europe before her current visa expires or is she allowed to stay and wait for her spousal visa status?

Thanks in advance
Click to expand...

Hi,

Been in the same situation.
What I did was I went to the same Home Affairs (I did mine in Paarl), you can have your visitors visa extended another 3 months :) Good luck!
Let me know how it goes.
 
rainbow84 said:
Hi,

Been in the same situation.
What I did was I went to the same Home Affairs (I did mine in Paarl), you can have your visitors visa extended another 3 months :) Good luck!
Let me know how it goes.
Click to expand...

Tried extending her student visa but was told it's not possible so had to opt for the only option(according to agent) which was spousal. At least my passport is ready for collection now though, got the SMS today.
 
Aqua_lung said:
Tried extending her student visa but was told it's not possible so had to opt for the only option(according to agent) which was spousal. At least my passport is ready for collection now though, got the SMS today.
Click to expand...
Did you go through an agency or directly through Home Affairs? :confused:
 
Aqua_lung said:
Tried extending her student visa but was told it's not possible so had to opt for the only option(according to agent) which was spousal. At least my passport is ready for collection now though, got the SMS today.
Click to expand...

Sorry, I missed the part that she had a Student Visa.
My case (Visitors Visa while waiting for Spousal Visa).
Maybe you can try to get a Visitors Visa instead? You have to pay for it (around R300 it hink for 3 months). Visitors Visa can be obtained easily.
Don't go with an agent. Go ask Home Affairs directly.
 
rainbow84 said:
Sorry, I missed the part that she had a Student Visa.
My case (Visitors Visa while waiting for Spousal Visa).
Maybe you can try to get a Visitors Visa instead? You have to pay for it (around R300 it hink for 3 months). Visitors Visa can be obtained easily.
Don't go with an agent. Go ask Home Affairs directly.
Click to expand...

Thanks, but I might go to Latvia before her visa expires so she may return and get a visitors visa if still no word on the spousal yet I think?
 
Aqua_lung said:
My SO has a visa for this country that expires in July, around March/April we applied for a spousal visa which is still pending and I have not received a tracking/reference number for this yet.

Regarding legality is she forced to leave SA for Europe before her current visa expires or is she allowed to stay and wait for her spousal visa status?

Thanks in advance
Click to expand...


1. She applies for Permanent Residence based on your marriage

2. When application is lodged, she gets accompanying Spouse Visa pending outcome of PR application.
Accompanying spouse Visa can then be renewed indefinitely pending outcome of PR application but you need to submit ton of paperwork.

That's the way it worked with me.
 
b4 u born said:
1. She applies for Permanent Residence based on your marriage

2. When application is lodged, she gets accompanying Spouse Visa pending outcome of PR application.
Accompanying spouse Visa can then be renewed indefinitely pending outcome of PR application but you need to submit ton of paperwork.

That's the way it worked with me.
Click to expand...

Currently not married and just temp residence so less paperwork.. but you make it sound so easy :D I hope it is if I take the plunge.
 
Aqua_lung said:
Thanks, but I might go to Latvia before her visa expires so she may return and get a visitors visa if still no word on the spousal yet I think?
Click to expand...
When I apply for my spousal visa, there is a 30 day waiting period. I just simply show them that they did not meet the 30 day waiting period, what the Home Affairs guy did was give an extra stamp on my current visa.
Before you go to Latvia, I recommend you spend time going in personally to Home Affairs, tell them that your visa is expiring soon. (not sure if you have done that?). The guy from Paarl is very helpful, which branch do you go to?
 
rainbow84 said:
When I apply for my spousal visa, there is a 30 day waiting period. I just simply show them that they did not meet the 30 day waiting period, what the Home Affairs guy did was give an extra stamp on my current visa.
Before you go to Latvia, I recommend you spend time going in personally to Home Affairs, tell them that your visa is expiring soon. (not sure if you have done that?). The guy from Paarl is very helpful, which branch do you go to?
Click to expand...

Ok I'll try your advice and see how it goes, I visited the recently renovated cape town city center branch. I thought I'd try wynberg but that one was packed to the rafters.
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X