Marriage, relationships and living with your partner in South Africa

South Africa’s immigration laws are relatively accommodating for foreign nationals in relationships with South Africans. These laws allow foreign partners or spouses to apply for temporary residence permits, enabling them to stay in the country legally. The Immigration Act defines a “spouse” broadly, including unmarried partners living together, those in civil unions, and same-sex couples.

Definitions and Eligibility

To qualify under these provisions, a foreign national must be in a genuine, permanent relationship with a South African citizen or permanent resident. Key points include:

• Who Qualifies as a South African: Includes both SA citizens and permanent residents.
• Definition of Spouse: Includes married, civil union, and unmarried partners living together.
• Exclusions: Polygamous relationships unless registered as customary unions, and marriages of convenience.
• Relationship Proof: Marriage certificates or deeds of cohabitation are used to prove the relationship.

Appropriate Sections of the Immigration Act

Foreign nationals in qualifying relationships can apply for two types of temporary residence permits:

• Relative’s Permit (Section 18): For spouses who do not intend to work. This permit allows the foreign spouse to accompany their South African partner.
• Section 11(6) Permit: For spouses who wish to work or be self-employed. An offer of employment is required for this permit.

Key Aspects of These Permits

1. Proof of Relationship: Utility bills, leases, or a deed of cohabitation may be required to prove a spousal relationship.
2. Permit Validity: The permit is valid as long as the relationship exists. If the relationship ends, the permit lapses.

Requirements for Each Permit

• Relative’s Permit:
  • For non-working spouses.
  • Issued for two years and renewable.
• Section 11(6) Permit:
  • For working or self-employed spouses.
  • Requires an offer of employment.
  • Also issued for two years and renewable.

Conclusion

In summary, South Africa provides flexible options for foreign nationals in relationships with South Africans, allowing them to apply for temporary residence permits. These permits can be extended, and after five years, the foreign spouse may apply for permanent residence. However, if the couple marries during this period, the five-year clock resets for permanent residence eligibility.