Use a registered Immigration Consultancy / Practitioner it is absolutely Vital .
Whoever said that immigration is a piece of cake clearly paid an arm and a leg for the slice. The immigration process is incredibly case specific to the point that if it is not handled properly, it can immediately end with a negative outcome.
Today, we discuss the reasons why you, as a person or as an organisation, should make use of an immigration consultancy for all the nitty gritty details that the immigration process has to offer.
Immigration is not going to happen overnight. In fact, there is a common misconception that in a couple of weeks, one can pack up all their stuff and head out the door to a better life.
Immigration takes months – and more often than not – years to achieve. Just the documentation collection stage alone can take a few months due to the number of documents required to even be considered for this type application. And that’s all assuming that you have the correct, up to date document list for all the necessary pieces of information requested by a foreign government.
Before one takes on the task of dusting off their old certificates and papers, one will first have to determine whether or not they are even eligible for immigration. With differences in tertiary education levels from country to country, correct working experience and language proficiency to name a few, you want to know where you stand prior to actually starting an application. Where one can spend a large amount of money in Portugal or Malta to obtain a permanent residence status, a country like Australia or Canada could have a completely different (and more accessible) process for obtaining permanent residence.
It's important to have yourself assessed before you even look at spending money, as you may very well qualify for a route that you hadn't even thought of. This is where immigration consultancies come into play. The consultancy will review your specifics (work experience, education, age, marital status, etc.) and then determine where your best options lie.
Scam artists and frauds have plagued the Immigration Industry for decades and in the modern era this has not changed so one must ensure that whoever they are talking to is a credible and confirmed source.
No matter how serious a query may or may not be regarding immigration, rather talk to a certified and legitimate consultancy. Immigration is no walk in the park, with most interest being based on goals for personal growth or for a household the last thing anyone wants is to end up with a negative outcome and waste of resources.
We have around 518 Google Reviews with a 4,7 rating meaning we have a 94 % positive rating with our satisfied clients . In addition we have 282 K or 282,000 likes and a 4,9 rating which is a 98 % positive rating in Facebook and if you search “ SA Migration Visas “ on Google and SA Migration - Visas on Facebook you will find us .
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Why not rather enlist the professional services of an agency that shares the same values?
Sa Migration International ( SAMI – SA Migration ) – is a registered Immigration Practitioner recognised the Department of Home Affairs , a member of FIPSA – Forum of Immigration Practitioners , a SAQA recognised organisation and we enjoy a high level of cooperation with the Department of Trade and Industry ( DTI ) as well as the Department of Labour ( DOL )
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Same-sex couples in South Africa can demonstrate cohabitation for at least two years, which is a requirement for applying for a spousal or life partner visa, through various forms of documentation. Here are some ways to provide evidence of cohabitation:
Documentation to Prove Cohabitation

1. Joint Lease or Rental Agreements: A lease or rental agreement that includes both partners' names can serve as strong evidence of living together.

2. Utility Bills: Bills for utilities such as electricity, water, or internet that are addressed to both partners at the same address can help establish cohabitation.

3. Bank Statements: Joint bank account statements or individual statements showing the same address can further support the claim of shared living arrangements.

4. Affidavits from Friends and Family: Written statements from friends, family, or neighbors attesting to the couple's cohabitation can be valuable, especially if they include details about the duration and nature of the relationship.

5. Notarial Cohabitation Agreement: This legally binding document outlines the couple's commitment and can explicitly state the duration of cohabitation, serving as formal evidence of the relationship

6. Shared Insurance Policies: Documentation showing that both partners are covered under the same insurance policy (e.g., health, life, or property insurance) can also indicate a shared life.

7. Photographic Evidence: Photos from various occasions (holidays, family gatherings, etc.) over the two years can help illustrate the couple's shared life and commitment.

8. Correspondence: Letters or official correspondence addressed to both partners at the same address can provide additional proof of cohabitation.
Importance of Documentation
Providing comprehensive documentation is crucial, as the South African Department of Home Affairs requires proof that the relationship is genuine and has existed for the specified duration. The evidence must demonstrate not only cohabitation but also the nature of the relationship, including mutual financial support and exclusivity. By compiling a robust set of documents, same-sex couples can effectively demonstrate their cohabitation and strengthen their application for a spousal or life partner visa in South Africa.

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The expiration of a South African spousal visa can have significant legal and immigration implications, depending on whether the visa holder has taken proactive steps to renew or change their immigration status before the expiry date. Below is a detailed explanation of the consequences of an expired spousal visa, steps to take before and after expiration, and legal remedies available to address this situation.

1. Understanding the South African Spousal Visa
The spousal visa allows the foreign spouse or life partner of a South African citizen or permanent resident to reside in South Africa based on their relationship. The visa is granted under the Immigration Act No. 13 of 2002 and is typically issued for:
• Temporary residence: Valid for 2–3 years, renewable.
• Permanent residence: Granted if the couple has been in a relationship for at least 5 years.

2. Consequences of an Expired Spousal Visa
When a spousal visa expires, the foreign national’s legal status in South Africa becomes invalid, which can lead to:
A. Overstaying and Legal Penalties
1. Overstay Penalty:
o Overstaying for 0–30 days: You may be declared undesirable for 12 months.
o Overstaying for 30+ days: You may be banned for 5 years or more.
2. Fines:
o Overstaying a visa may result in monetary fines imposed by the Department of Home Affairs (DHA).
3. Deportation Risks:
o You risk detention and deportation under Section 32 of the Immigration Act.
4. Future Visa Denials:
o An expired visa record may lead to visa rejections in the future, even if reapplying legally.

B. Impact on Spousal Rights
• Loss of Rights: Once your visa expires, you lose your legal right to live, work, or study in South Africa.
• Employment Termination: If you have work rights attached to your visa, you may face employment termination since your status is no longer valid.
• Relationship Implications: Your South African spouse cannot legally sponsor you until your status is corrected.

C. Travel Restrictions
1. Leaving South Africa After Expiry:
o If you leave the country with an expired visa, you will automatically be classified as undesirable and banned.
2. Re-Entry Challenges:
o Even after resolving the issue, re-entry into South Africa may require a waiver application that can take 6–12 months to process.

3. Steps to Take Before Your Visa Expires
A. Apply for Renewal in Advance
• Timeline for Renewal: Submit the renewal application at least 60 days before the visa expires to avoid delays.
• Documentation Needed:
1. Proof of Relationship: Marriage certificate or proof of permanent partnership.
2. Proof of Cohabitation: Lease agreements, utility bills, or joint bank accounts.
3. Financial Support Proof: Bank statements or an affidavit confirming financial dependency.
4. Police Clearance Certificate: From South Africa and your home country.
5. Medical Reports: Updated medical and radiological reports.
B. File a Temporary Extension (Form VFS Appeal)
• If renewal is delayed due to processing backlogs, submit a Form VFS Appeal or Good Cause Appeal to the DHA explaining valid reasons for your delay.
C. Transition to Permanent Residency (if eligible)
• If you’ve been married or in a permanent relationship for 5+ years, you can apply for permanent residence to avoid further renewals.

4. Steps to Take If Your Visa Has Already Expired
A. Voluntary Departure to Avoid Overstaying
• Exit South Africa immediately and apply for a spousal visa renewal or new application from your home country.
• Submit a Waiver Request to remove undesirable status if declared such.
B. Legal Representation
• Immigration Attorneys: Hire an attorney to assist in filing a status correction or apply for a special waiver (Form 49(1)(b)) to normalize your situation.
C. Appeal for Overstay Forgiveness
• File an appeal within 10 days of receiving an undesirable status notification.
• Provide supporting evidence of unavoidable delays, such as medical emergencies or Home Affairs processing issues.

5. Benefits of Keeping the Spousal Visa Valid
• Legal Employment or Business Opportunities: A valid visa allows the spouse to work, study, or open a business legally.
• Permanent Residence Pathway: Continuous compliance keeps eligibility intact for permanent residency after 5 years.
• Family Stability: Provides security for spouses and dependents to remain in South Africa without disruptions.
• No Travel Restrictions: Ensures smooth re-entry when traveling abroad.

6. Conclusion
The expiration of a South African spousal visa can lead to serious consequences, including fines, bans, and deportation. It’s crucial to monitor your visa’s expiry date and apply for renewal or transition to permanent residency well in advance.
If your visa has already expired, act quickly by seeking legal advice or submitting an appeal to avoid long-term penalties. Maintaining valid immigration status not only safeguards your ability to live in South Africa but also preserves your eligibility for permanent residence and, ultimately, citizenship.

How can we help you , please email us to info@samigration.com or whatsapp message me on: +27 82 373 8415, where are you now? check our website : www.samigration.com

Immigration official rejected the asylum application of a man from Chad who was imprisoned solely for homosexuality
The High Court has overturned a Home Affairs official’s decision to reject the asylum application of a man who fled his home country after he was imprisoned for homosexuality.
• A judge has described a Home Affairs official’s reason for an asylum rejection as “unintelligible, illogical babble”.
• Refugee Status Determination Officers have a duty to apply their minds and provide clear reasons for rejections, Judge Gayaat Da Silva Salie said.
• The matter before her was an application by a man who fled Chad after being imprisoned under the country’s anti-gay laws.
• The judge ordered that his application be reconsidered by a new official within six months.

“Unintelligible, illogical babble”. This is how a Western Cape High Court judge described the reasoning of a Home Affairs official who rejected an application for asylum by a citizen of Chad, who had been imprisoned in his home country for being gay.

Judge Gayaat Da Silva Salie set aside the rejection of the asylum application and ordered that it be heard afresh by another Refugee Status Determination Officer (RSDO) within six months.

The man, identified only as MAM in the judgment, said he fled Chad after he had been arrested and served a year in jail, convicted under the country’s “anti-homosexual” laws.

He came to South Africa on a visitor’s visa in May 2023 and was involved in a relationship with a South African doctor.
In 2024 he applied for asylum. His last interview was in September 2024. He was then informed that his application had been rejected.
In his reasons, the RSDO gave a long explanation of the political system in Chad.
He then recorded: “You were arrested and sentenced because of your sexual orientation and homosexuals are not allowed in your country. You stated that you were released by the court because you have use of a lawyer. When I assessed your information concerning homosexuals, there’s a separation of powers between the executive and the judicial power in terms of homosexual laws. The government does not allow same sex relations and the courts released the offenders. Therefore your application has been rejected as unfounded.”

MAM, in his submissions, said he could not appeal this decision internally because it was “unintelligible, irrational and failed to consider the applicable law in Chad”.

He said this constituted “exceptional circumstances” which allowed him to approach a court, without exhausting his internal appeal remedies, as provided for in the Refugees Act.

Judge Da Silva Salie said MAM had submitted that he fled Chad after being imprisoned solely for being a homosexual man. He said his safety and freedom remain threatened in Chad. He indicated that his family had disowned him and he faced persecution from the state and society at large.
However, the respondents — the Director-General and the Minister of Home Affairs — opposed the application. They argued that the reasons were not only adequate but also clear.

They also argued that the matter did not meet the threshold of “exceptional circumstances” to approach a court for judicial scrutiny without exhausting internal remedies.

Judge Da Silva Salie said the RSDO had concluded that the applicant’s asylum claim was “unfounded” relying primarily on the assertion that the judiciary in Chad is independent, and that although homosexuality is criminalised, some courts had released offenders.
“I find the argument that these reasons were clear and adequate to be rather problematic.

“They are contradictory and factually incoherent. The RSDO accepts the facts of criminalisation of homosexuality whilst simultaneously rejecting the credibility of his claim of fear of future persecution.

“This reflects a profound misunderstanding of the legal standards governing asylum, especially the well-founded fear of persecution provided for in the Refugees Act.”

She noted that the RSDO had also disregarded the legal framework that governed asylum decisions and South Africa’s international obligations to the rights of LGBTQI+ people.

“The theoretical independence of the judiciary cannot override the reality that consensual same-sex conduct remains criminalised in Chad and that the applicant was prosecuted and imprisoned under those laws,” she said.
“If anything, the position can only be worse for him should he return as he would be a convicted person of homosexual offences. The assertion that ‘the courts released offenders’ ignores that harm has already occurred. “
She said the reasons lacked any intelligible or informative content which could assist MAM in formulating an internal appeal and were “characteristic of a sequence of illogical babble”.

“It is unintelligible,” she said.
She cautioned that officials could not “hide behind the hurdle to exhaust internal remedies”, when they had provided obtuse and unfathomable reasons for application rejections.

“They are required to apply their minds and provide reasons which are clear, adequate, and provide a meaningful basis from which an applicant can comprehend, request further reasons and decide in an informed manner as to their further rights and remedies in law.”
Judge Da Silva Salie set aside the rejection application and ordered that MAM be interviewed by a different officer within six months.
She ordered the government respondents to pay the costs of the application.

ASYLUM SEEKERS PERMIT EXPIRED during LOCKDOWN – Don’t know what to do ?
Apply Now for Temporary Residence even with EXPIRED LOCKDOWN PERMITS
The Constitutional Court handed down a judgement in the Ahmed matter as well as a Court Order opening the door for Asylum Seekers and Refugees to apply to change their status to temporary residence visa . Contact us now before this fantastic opportunity is lost .
Contact us now and ask me HOW CHANGE TO TEMPORARY RESIDENCE . Travel abroad from South Africa , get a Canada , Schengen Visa afterwards .
Under the new rules they don’t have to cancel their asylum or refugee status and can change to any visa class if they qualify from within
South Africa
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How can we help you?
Please email us to info@samigration.com
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