Featured Article · October 2026
By Ms Adri van Niekerk
Head of SA Immigration | Breytenbachs Immigration Consultants, with editorial oversight from Mr JP Breytenbach, Director
Many South Africans return home after years abroad, often with a husband, wife or life partner who is not South African. Others marry a foreign national while living in South Africa. Either way, the foreign partner needs the right immigration status to live in South Africa, and the choice of visa decides whether they can work, study or run a business.
This year Home Affairs has also waived two requirements that caused frequent delays and rejections. This article explains the main routes for the foreign spouse or life partner of a South African citizen or permanent resident, what has changed in 2026, and how to plan the move.
Who counts as a spouse?
For immigration purposes, a spouse includes a husband or wife in a civil or customary marriage, a partner in a civil union, and a partner in a permanent same sex or opposite sex life partnership. Life partners must show that they have lived together and shared financial responsibilities for at least two years.
In every case, Home Affairs must be satisfied that the relationship is a good faith spousal relationship. Evidence of living together, shared financial responsibilities and any children of the relationship is central.
The spousal visa: section 11(6)
Most families prefer to apply for a visitor’s visa under section 11(6) of the Immigration Act, commonly called the spousal visa, because it allows a secondary activity, namely work, study or business, to be endorsed on the visa. It is available only to the spouse or life partner of a South African citizen or permanent resident.
Each activity must be supported by the right documents, such as an employment contract or job offer for work, and must be authorised on the visa itself. Holding a spousal visa does not, on its own, allow the holder to take up employment or study.
The relative’s visa: section 18
Where the foreign spouse does not intend to work, study or run a business, a relative’s visa under section 18 may be an alternative. It allows the holder to live in South Africa with their family member but does not carry work rights. If the spouse later decides to work once already living in South Africa, a further application for a section 11(6) visa will be needed, which can mean a delay while it is decided.
Applying from inside South Africa
A foreign spouse who is already in South Africa on a valid visa can generally apply to change their status or visa conditions without leaving the country. The application must be made before the current visa expires.
What changed in 2026
Medical reports waived. From 8 July 2026, the Minister of Home Affairs waived the requirement to submit a medical report for temporary residence visa applications made in South Africa, and for permanent residence applications made in South Africa or abroad.
The 60 day rule waived. The Immigration Regulations require applications to extend a visa, or to change its status or conditions, to be lodged at least 60 days before the current visa expires. Missing that deadline has led to many rejections and appeals. On 2 October 2026 the Minister signed Immigration Directive 13 of 2026, circulated publicly around 8 October, which waives this requirement for:
- applications still awaiting a decision
- pending appeals where the only issue was late submission
- all future applications lodged with Home Affairs
The waiver has limits. It does not extend any visa, and you must still apply while your current visa is valid. It does not help anyone who has already overstayed. It does not repeal the regulations: it is a ministerial waiver, so it could change in future.
Permanent residence after five years: section 26(b)
Under section 26(b) of the Immigration Act, a foreign national who has been the spouse of a South African citizen or permanent resident for five years may apply for permanent residence, provided Home Affairs is satisfied that a good faith spousal relationship exists.
The permit comes with a condition. It lapses if, within two years of being issued, the good faith spousal relationship ends, except where it ends because of death. Until the five years have passed, the temporary spousal visa can generally be extended to cover the period of stay.
Common pitfalls
In our experience, the problems that cause delays or refusals usually include:
- choosing a visa that does not cover what the spouse actually plans to do, especially work
- starting work before the right authorisation is in place
- letting a visa lapse while waiting for a decision on something else
- foreign marriage or civil documents that have not been properly apostilled or authenticated
- thin or inconsistent evidence of living together and sharing finances
If you are moving from the UK
Plan your UK position as carefully as your South African one. Indefinite leave to remain in the UK generally lapses after more than two continuous years outside the UK, and some other UK permissions can lapse sooner, as we explained in our August edition. If either of you may want to return to the UK, take advice before you leave.
Plan the move with us
The right route depends on your relationship, your plans for work, and where you are applying from. Our South African team can assess your spouse’s position, recommend the correct visa category and prepare the application, from the first visa through to permanent residence. The final decision always rests with the Home Affairs adjudicator, but careful preparation avoids most of the problems we see.
Contact your usual BIC adviser, call one of our offices, or email info@bic-immigration.com.
Author and Editorial Oversight
Ms Adri van Niekerk · Head of SA Immigration | Breytenbachs Immigration Consultants. More than 25 years of experience in South African immigration law. Adri heads BIC’s South African Immigration Department, advising clients on South African visa, residence and permanent residence matters. She was among the first consultants chosen to handle South African immigration work while the Department of Home Affairs still regulated the industry, and she brings detailed, practical knowledge of how Home Affairs works to every application.
Mr JP Breytenbach · Solicitor of England and Wales (non practising) | Director, Breytenbachs Immigration Consultants. Mr JP Breytenbach is a Solicitor of England and Wales (non practising) with extensive experience in British nationality and immigration law. He advises multinational employers, high net worth individuals and internationally mobile professionals on complex UK immigration matters, including sponsor compliance, settlement pathways and British citizenship applications under the British Nationality Act 1981.
Hannes Breytenbach · Founder | Breytenbachs Immigration Consultants | Attorney of the High Court of South Africa. Hannes Breytenbach is the founder of Breytenbachs Immigration Consultants and an attorney of the High Court of South Africa. Over several decades, he has developed an international immigration advisory practice assisting individuals, families and multinational organisations with complex cross border immigration strategy and long term immigration planning.
This article is provided for general information only and does not constitute legal advice. Immigration law changes frequently and individual circumstances vary. Specific advice should be sought before taking action.
