Implications of a Marriage Breakdown on Your Spousal Visa in South Africa
Should your marriage come to an end while holding a spousal visa in South Africa, your visa will be terminated immediately. This means you will no longer have legal residency in the country and must depart. The spousal visa’s validity is dependent on the continuation of a genuine marital relationship, and its legitimacy ceases once that relationship ends.
Key Considerations:
• Immediate Effect: The spousal visa expires as soon as the marriage or partnership ends, whether through divorce or separation.
• Legal Status: Remaining in South Africa after your visa has expired renders your stay illegal, potentially leading to criminal charges for overstaying.
• Work Authorization: Employment rights under the spousal visa cease immediately upon expiration, which could lead to financial strain, especially if you have dependents.
• New Visa Application: If you intend to stay in South Africa after the marriage ends, you must apply for a different type of visa promptly. This may require approval from the Minister of Home Affairs, depending on your circumstances.
• Child Custody Considerations: If you have children who are South African citizens, you may apply for a visa based on your relationship with your child. However, no specific visa permits employment solely based on accompanying your child, and special authorization may be necessary.
It is highly recommended to seek legal guidance to explore your options and ensure compliance with immigration laws following the end of your marriage. …...more
...more
Show less
