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Visitor visa — accompanying spouse or dependent child of a temporary-visa holder

South AfricaFamily

Explore the five recorded questions, answers and sources for this pathway.

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Explore pathways in South Africa Read the five questions ↓

Which family relationships qualify?

The qualifying relatives are the spouse or child of the holder of a visa issued under section 11, 13, 14, 15, 17, 18, 19, 20 or 22 of the Immigration Act: regulation 11(4)(b), as substituted in 2018, makes accompanying such a visa holder a prescribed visitor's-visa activity, provided the foreigner is the spouse or child of that holder. Under the Act, 'spouse' means a party to a marriage as defined in the Act, or to a permanent homosexual or heterosexual relationship as prescribed.

See recorded sources
Limits of the record
  • Regulation 11(4)(b) as amended says 'spouse or child'; the captured text states no age limit or dependency test for the child, while the route title and regulation 9(1)(d) speak of a dependent/dependant child.

Who may sponsor or bring the family member, and what immigration/citizenship status must that person hold?

The sponsor is the principal applicant who holds, or is applying for, one of the visas referred to in section 11 up to 20 and 22 of the Act; the spouse or dependent child accompanies or joins that person in the Republic. This general accompanying provision states no citizenship or permanent-residence requirement for the sponsor; that stricter requirement instead governs the separate relative's visa, whose regulation 17 requires proof of kinship 'between the applicant and the citizen or permanent resident' contemplated in section 18(1) of the Act.

See recorded sources
Limits of the record
  • The Regulations do not state whether the sponsor's own visa type or category limits which family members may accompany under regulation 9(1)(d) and (e).
  • The Immigration Regulations, 2014 were captured as published on 22 May 2014; later amendments to them, including the amendment that inserted regulation 18(12) and (13) referred to by the 2024 points-based system notice, were not captured in this run and could have changed this text.

What is important for proving marriage, partnership, parentage, custody, dependency or another qualifying relationship?

The visitor's-visa checklist for stays over three months asks for a marriage certificate or, for a foreign spousal relationship, proof of its official recognition by the authorities of that country, if available; a court order granting full or specific parental responsibilities and rights, where applicable; written consent from both parents and a court order granting full parental responsibilities and rights, where applicable; and proof of legal adoption, where applicable. For a permanent homosexual or heterosexual relationship, regulation 3(2) requires a notarial agreement signed by both partners attesting that the relationship has existed for at least two years before the application and still exists to the exclusion of any other person, and that neither partner is in an existing marriage or permanent relationship with anyone else, plus an affidavit on Part A of Form 12 confirming that the relationship continues.

See recorded sources
Limits of the record
  • Regulation 3(1) frames the partnership proofs for a spouse of a citizen or permanent residence permit holder; the captured text does not say expressly that the same list governs the partner of a temporary-visa holder.

What important financial, accommodation, insurance or maintenance responsibilities apply?

The application includes a written undertaking of financial responsibility for the applicant, and a visitor's visa for a prescribed activity may be issued to a foreigner who satisfies the Director-General that he or she controls sufficient available financial resources. The accompanying provision itself states no separate maintenance, accommodation or insurance obligation.

See recorded sources
Limits of the record
  • The Regulations do not state a minimum income, accommodation or medical-insurance requirement specific to an accompanying spouse or dependent child.
  • The Immigration Regulations, 2014 were captured as published on 22 May 2014; later amendments to them, including the amendment that inserted regulation 18(12) and (13) referred to by the 2024 points-based system notice, were not captured in this run and could have changed this text.

How does the application work at a high level, what rights does the family member receive, how long does the status last, and how can it become independent or longer-term where officially stated?

Accompanying the visa holder is a prescribed activity under section 11(1)(b)(iv) of the Act (regulation 11(4)); a visitor's visa for a prescribed activity may be issued, on application, for any period not exceeding three years. The application includes a certified copy of the principal holder's visa. A visitor's-visa holder may not apply in the Republic for a change of status except in prescribed exceptional circumstances; one of them is being an accompanying spouse or child of a business or work visa holder who wishes to apply for a study or work visa.

See recorded sources
Limits of the record
  • The captured text does not state whether the accompanying visa's validity is tied to the principal's visa, nor what the family member may do (work or study) before a change of status.

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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