The short answer
Yes, you can apply for a spousal visa.
The whole question
I'm an asylum seeker but legally married to a South African citizen for six years. We have two children.
Is it possible for me to apply a spousal visa?
If yes, how do I go about it?
The long answer
Thank
you for your email asking if and how you can apply for a spousal visa,
as you have been married to a South African for six years and have two
children together.
Yes, you can certainly apply for a spousal visa.
In
December 2018, the Immigration Act was amended concerning the rights of
spouses in a “permanent homosexual or heterosexual relation”. These are
the important points:
• Applications need to prove to the
Director-General that the applicant is a spouse to a citizen or
permanent residence permit holder.
• Applicants need to sign an
agreement stating that the permanent homosexual or heterosexual
relationship has existed for at least two years before the date of
application for a relevant visa and that neither of the parties is a
spouse in an existing marriage.
• Both partners to a permanent
homosexual or heterosexual relationship may be interviewed separately,
on the same date and time, to determine the authenticity of the
existence of their relationship.
These are the documents needed:
• A marriage certificate.
• Proof of your South African spouse’s citizenship or residence (ID document).
• A letter of support from your South African spouse.
•
Proof of good health and standing. (This means a medical and
radiological report (x-ray) not older than 6 months to prove you don’t
have TB etc.)
• A completed temporary residency application form.
•
Documents detailing the financial support you and your spouse provide
to each other need to be provided, like bank accounts and municipal
accounts which show shared costs.
You apply through VSF Global, which is the company that handles all applications to Home Affairs. Their helpline is 012 425 300.
You
will need to fill out the correct online form, pay the fee of R1,350 to
schedule an appointment after filling in the application form.