Can you get South African citizenship through marriage?
15 June 2022 – Political Analysis
You can get South African citizenship through marriage, but you first
need to apply for a permanent residency permit and then wait five years.
There are different ways to get citizenship in South Africa, but
citizenship by naturalisation is the most common way for spouses of different
nationalities.
However, in order to get citizenship by naturalisation, you first need to
hold a permanent residency permit for at least five years.
Different ways to get citizenship in South Africa
In South Africa, the process to apply and receive citizenship in the
country is regulated by the South African Citizenship Amendment Act, 2010 (Act
No. 17 of 2010), which came into effect in January 2013.
There are three main ways that you can gain citizenship in South Africa,
namely, citizenship by birth, by descent, and by naturalisation. The first two
methods are self-explanatory and require that you be born in the country or
that your parents hold South African citizenship to become a citizen.
Citizenship by naturalisation is a more complicated process and can usually
only be processed once you have held a permanent residence permit for at least
five years, or if you are a minor.
Can you get South African citizenship through marriage?
You can get South African citizenship if you are married to a South
African or someone who has a permanent residence permit in South Africa, but
the process is complicated and takes several years to complete. This process is
the same for same-sex and heterosexual relationships and marriages.
The first important factor to understand in this process is the
difference between permanent residency and citizenship. You can apply for a
permanent residency permit if you want to live, study, or work in South Africa
and this awards you many of the same rights as those of South African citizens.
However, you can only apply to become a permanent South African citizen after
you have held this permanent residency permit for at least five years.
This is the beginning of the process for getting citizenship if you are
married to a South African. You first need to apply for permanent residency,
which is also known as a spousal permit, if you are married to a South African
citizen or permanent resident and then, when you have had your permanent
residency permit for five years, you will be able to apply for South African
citizenship.
It is also important to note that the five-year waiting period before
you apply for citizenship is not the only step in the process that takes long.
Just applying for the permanent residency permit can take up to 24 months,
which is why many people choose to also apply for a spousal or life partner
visa, as this application may be approved earlier.
The spousal visa
Applying for a spousal visa while you wait for your permanent residency
visa is a good idea, as this allows the foreign partner in the relationship to study,
work, and set up a business while they are living in South Africa, without the
need for a work- or business permit.
However, his spousal visa is only valid for two to three years, which is
shorter than the permanent residency permit, but it is a good temporary
solution while the documentation and processes for the permanent residence
permit is being finalised. This is also a good option for couples who have been
married for less than five years and do not qualify for the permanent residency
permit yet.
The permanent residency permit
In order to start the process of applying for a permanent residency
permit or spousal permit, it is important to keep in mind that the marriage
needs to be at least five years old. There are also other criteria that need to
be met in order for the permanent residency application to be successfully
approved, such as:
- You need to be able to prove cohabitation and
shared financial responsibilities in your relationship
- The relationship must exclude any third
parties
- The foreign applicant must have a good
character and be in good health
Furthermore, your relationship also needs to last two years after the
permanent residency is granted, or the permit will be revoked, but this does
not apply if the South African party in the marriage passes away.
The citizenship application
Once you have held this permanent residency permit for at least five
years, you can start the process of applying for South
African citizenship. Applying for citizenship in this way is
referred to as citizenship by naturalisation.
To apply for citizenship by naturalisation, you need to visit the
Department of Home Affairs with the appropriate documents to get the
application started
www.samigration.com