Spousal Permits South Africa - Can Foreign Spouses of South Africans Citizens Work
With so many different sources of information and the sometimes ambiguous rules associated with immigration to South Africa, spousal permits are often confused as to what they entitle the holder to be able to undertake in terms of work or business opportunities.
It is not uncommon for foreign spouses to end up with relatives permits and in extreme cases be advised that they require a work permit in order to take up paid employment.
In fact many recruitment agencies and employers are also under the false believe that the normal protocol that applies to general work permit applicants also applies to foreign spouses.
The actual process is seemingly straight forward - if you are married to a South African you need to apply for spousal permit.
Spousal permits, although the requirements seem easy, can be difficult to obtain.
The only stipulated requirement (other than the general immigration rules) is that the applicant needs to be married to a South African citizen or permanent residency holder.
There is no specified time frame to the marriage although it should be noted that recent marriages and younger ages can mean a shorter period of time being granted on the spousal permit.
Often the key to a successful home coming for the South African and their foreign spouse is the ability for them to be able to work and continue a career - it is in this regard things often go wrong.
In the first instance the foreign spouse need so ensure they are indeed applying for a spousal permit.
Subsequent to this obtaining permission to work does not involve applying for a work permit but applying for an endorsement to the spousal permit.
This can be done in two ways: 1.
To make a simultaneous application for a spousal permit and endorsement 2.
To obtain the spousal permit and then subsequently apply for an endorsement.
Route 1 means less costs as the bulk of the application is already prepared whereas route 2 means submitting all supporting documentation a second time.
The need for an endorsement is proven by the submission of a job offer and applicants can expect to wait 30 - 60 days for its issuance.
The endorsement is granted to that specific employer and any change in job means a new application must be submitted reflecting the need for a new endorsement attached to the new employer.
It should be noted that until such endorsement is granted the applicant may not take up employment.
To counter a few myths and bad advice, the foreign spouses need not go through the burdens that a general work permit application means and nor need the prospective employer.
This means the employer does not have to advertise the position nor prove that a South African was not available to do the job.
A further benefit is that SAQA (a South African qualifications check) does not need to be obtained - this saves considerable time.
Foreign spouses should be reassured that South African employers, in the main, value applicants with experience abroad and despite economic constraints there are plenty of opportunities for meaningful employment.
It is not uncommon for foreign spouses to end up with relatives permits and in extreme cases be advised that they require a work permit in order to take up paid employment.
In fact many recruitment agencies and employers are also under the false believe that the normal protocol that applies to general work permit applicants also applies to foreign spouses.
The actual process is seemingly straight forward - if you are married to a South African you need to apply for spousal permit.
Spousal permits, although the requirements seem easy, can be difficult to obtain.
The only stipulated requirement (other than the general immigration rules) is that the applicant needs to be married to a South African citizen or permanent residency holder.
There is no specified time frame to the marriage although it should be noted that recent marriages and younger ages can mean a shorter period of time being granted on the spousal permit.
Often the key to a successful home coming for the South African and their foreign spouse is the ability for them to be able to work and continue a career - it is in this regard things often go wrong.
In the first instance the foreign spouse need so ensure they are indeed applying for a spousal permit.
Subsequent to this obtaining permission to work does not involve applying for a work permit but applying for an endorsement to the spousal permit.
This can be done in two ways: 1.
To make a simultaneous application for a spousal permit and endorsement 2.
To obtain the spousal permit and then subsequently apply for an endorsement.
Route 1 means less costs as the bulk of the application is already prepared whereas route 2 means submitting all supporting documentation a second time.
The need for an endorsement is proven by the submission of a job offer and applicants can expect to wait 30 - 60 days for its issuance.
The endorsement is granted to that specific employer and any change in job means a new application must be submitted reflecting the need for a new endorsement attached to the new employer.
It should be noted that until such endorsement is granted the applicant may not take up employment.
To counter a few myths and bad advice, the foreign spouses need not go through the burdens that a general work permit application means and nor need the prospective employer.
This means the employer does not have to advertise the position nor prove that a South African was not available to do the job.
A further benefit is that SAQA (a South African qualifications check) does not need to be obtained - this saves considerable time.
Foreign spouses should be reassured that South African employers, in the main, value applicants with experience abroad and despite economic constraints there are plenty of opportunities for meaningful employment.
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