Holders of a Spousal Visa are allowed to reside in South Africa and, with the correct endorsements, are able to work, study, or run a business.

Unfortunately, these visas are highly vulnerable to fraudulent ‘marriages of convenience’. Thus, applications for this visa are greatly scrutinised by the Department of Home Affairs (DHA). Simply presenting a marriage certificate and some photographic evidence won’t be enough in 2026.

While these applications are subject to scrutiny, ensuring that your application is correct, credible, and meets all requirements can significantly improve the likelihood of a positive outcome.

Spousal Visa Requirements

The Spousal Visa applies to foreign nationals who are legally married to a South African citizen/permanent resident or in a permanent life partnership that has lasted for at least two years. Additionally, to successfully secure this visa, you will need to submit the standard documentation, along with extensive evidence that proves the ‘legitimacy’ of your partnership.

Standard required documents:

• Valid marriage certificate.
• A copy of your South African spouse’s ID or Permanent Residency certificate.
• Valid passport.
• Police clearance certificates.
• Medical reports.
• Endorsement documents (if applicable).
• Proof that the South African sponsor can financially support their foreign partner (minimum R3000 per month).

The processing time for a Spousal Visa typically takes between 8 and 12 weeks, is valid for up to 3 years, and may be renewed indefinitely.

Strict proof of relationship:

• Both partners must sign a mandatory Notarial Contract before a registered Notary Public, in order to legally confirm the exclusivity and permanence of their relationship.
• Proof of shared funds and financial responsibilities spanning at least 24 months (e.g. joint bank accounts, property ownership in both names, etc.).
• Social proof such as affidavits from friends and family, photographic evidence over time, and shared travel history.

Spot-check Interviews

When applying for a Spousal Visa, the DHA fully places the burden of providing adequate proof of a ‘bona fide’ (genuine) relationship on the applicant.

While most applicants are processed without being called in for a formal in-person interview, it is recommended to be prepared for a spot-check call or interview request. If you happen to be called in for an interview, questions will most likely focus on when and how you and your spouse/partner met, daily routines, shared financial responsibility, along with details about each other’s lives and employment.

Why Consider Professional Guidance?

The application process for a Spousal Visa can feel intensely personal and administratively complex.

At GREENBERG HATHWAY MACMILLAN, our experienced team of attorneys can expertly guide you through this process by ensuring your application is flawless. Our in-depth knowledge of the immigration process allows us to provide applicants with all the necessary assistance and support.

CONTACT US today and allow our professional team to make your immigration goals a reality.

The post Spousal Visa SA 2026: Documents & Spot-Check Interviews first appeared on GHM.

The short answer to this question is “Yes, spouses can join work visa holders in South Africa”; however, they must apply for their own spousal visa to accompany the main visa holder. South Africa offers both spousal and life partner visas specifically designed to enable spouses and life partners to join their significant others who are working and living in the country. Learn more about the requirements of a spousal visa, as well as the documents required.

If you are the spouse of someone who is pursuing their dream career in South Africa, you will have the opportunity to apply for an Accompanying Spouse Visa. This visa allows you, as the spouse of a work visa holder, to reside in the country for up to three years, and this visa is renewable. It is important to note that simply holding an accompanying spouse visa does not grant you the right to work or study in South Africa.

To be able to apply for this, applicants need to provide proof of relationship, which means that spouses must provide proof of marriage or a life partnership agreement with the work visa holder. Other requirements include proof of financial support and a medical certificate.

The accompanying spouse visa is typically issued to life partners or spouses for a period of three years, even if the duration of the main applicant’s visa is for a longer period. We have shared tips for a smooth immigration experience in South Africa, to get you on track.

If you, as a spouse of a work visa holder, wish to work, run a business, or study, you will need to apply for a visa other than that of an ‘accompanying spouse’. This means spouses will need to obtain specific permission for work, study, or business activities since these rights are not automatic.

Spouses of South African citizens or permanent residents

In the case of the spouse being a citizen or a permanent resident, the foreign spouse can apply for a spousal visa, and the visa can be issued with an endorsement to work, study, or start a business. The foreign spouse does not need to meet the criteria for a general work visa or critical skills visa. There must be financial assurance, and the South African spouse must provide assurance for the foreign spouse, typically R8,500 a month. Additionally, the foreign spouse may be eligible for permanent residence after five years of marriage.

If your spouse recently received a job offer in South Africa and you both are looking to immigrate, consult one of our talented immigration practitioners at GREENBERG HATHWAY MACMILLAN today for the most up-to-date information and guidance. CONTACT US for assistance or more information.

The post Can Spouses Join Work Visa Holders in SA? first appeared on GHM.

South Africa’s Digital Nomad Visa (DNV) was introduced in 2024 and allows foreign nationals to live in the country for up to 36 months while working for international companies. But before packing your laptop and sunscreen, you’re probably wondering what the cost of living and your tax obligations are, and if it is financially viable.

What are the Costs Involved in Living in South Africa?

We have broken down the average costs in the city of Cape Town, Johannesburg, and Durban, three of South Africa’s most popular cities for digital nomads.

Meals at Mid-Range Restaurants (for one person)

Drinks: Night Out Basics

Transport: Average Prices for Gas, Rental Cars & Purchasing a Second-Hand Car

Other modes of transport are available in these cities, such as the MyCiTi and minibus options in both Cape Town and Durban. Uber and Bolt services are widely available and affordable in all three major cities of South Africa.

Other Monthly Costs to Consider

Estimated Monthly Budget for Digital Nomads

Cape Town is particularly appealing as a remote working hotspot. With its breathtaking natural beauty, diverse culture, cosmopolitan food, and nightlife, it’s no surprise that most digital nomads are drawn here. However, compared to other cities in South Africa, Cape Town is considered the most expensive, mostly because of housing prices.

The city of Johannesburg is known to be more fast-paced and business-oriented, with the best internet speeds and career networking in the country. While Durban is warmer with a relaxed atmosphere, and ultimately the most budget-friendly, it is perfect for digital nomads looking for a relaxing workcation.

What are the Requirements for a Digital Nomad Visa?

You must be employed in a remote work position by a recognisable foreign employer. Given this classification, this could also be referred to as the South African Remote Working Visa. In order to qualify for this type of visa, applicants must have a minimum gross income threshold of R650,976 per annum. To find out more about the requirements for a DNV, click here.

A key benefit of the visa is that digital nomads are classified as non-tax residents, meaning they are only taxed on South African-sourced income, not their foreign earnings. However, if you stay in South Africa for longer than six months, you will need to register with the South African Revenue Service (SARS).

South Africa offers digital nomads one of the best quality-of-life-to-cost ratios, especially compared to Europe and North America. Whether you’re planning a short-term workcation or planning to base yourself in SA in the long term, you will surely find what you’re looking for.

Are you ready to start your digital nomad journey in South Africa? Get in touch with GREENBERG HATHWAY MACMILLAN to help you secure your visa and to ensure your move is seamless and hassle-free.

The post Cost of Living on Digital Nomad Visa in South Africa first appeared on GHM.

GREENBERG HATHWAY MACMILLAN provides tailored immigration solutions to overcome the roadblocks – if any – you might face. Our team provides a high level of personable, professional service. With GHM, you’ll always feel that you’re with a firm you can trust, one that’s on your side and fighting at the frontlines of your immigration battle alongside you. We are just as passionate about your cause as you are.

About GREENBERG HATHWAY MACMILLAN

GREENBERG HATHWAY MACMILLAN is the managing partner of GREENBERG HATHWAY MACMILLAN (GHM). An American national, she graduated from the University of Cape Town with a postgraduate LLB degree in 2012. After working with a boutique law firm and in legal publishing, she was admitted as a practising attorney in the Republic of South Africa.

Over the last decade, she has exclusively worked in immigration law and helped thousands achieve their immigration goals, whether visa extensions, applications for South African citizenship, or resumption of citizenship.

She has personal and professional experience with the workings of South Africa’s Department of Home Affairs and so is well-acquainted with the processes of helping foreigners apply for visas and South Africans with civic services, including ID books, passports, birth certificates, death certificates, marriage interviews, marriages, and the registration of foreign births.

About Our Team

The GHM team is familiar with the rules and regulations surrounding South African immigration law, which are constantly changing. Since we only focus on immigration law, we trump our competitors in expertise and deep knowledge of the Home Affairs system.

We can help you expedite your application when it gets stuck in the system, ensuring your immigration is as stress and hassle-free as possible.

How We Help

We assist with immigration to South Africa, temporary residency, permanent residency, proof of permanent residency, applications for citizenship, retirement visa applications, litigation against Home Affairs, visa rejection appeals, overturning declarations of undesirability, civic services (such as attaining marriage certificates, identity documents, etc.), visa waivers, and immigration to the United States of America.

Let us assist you with all your immigration needs, making your immigration and stay in South Africa effortless. With GREENBERG HATHWAY MACMILLAN, you won’t have to undergo the arduous process of visa extensions, appealing visa rejections, or waiting years for outcomes. We get the job done properly, quickly, and without a fuss.

Choose the Best Immigration Lawyers: Choose GHM

Over the years, GREENBERG HATHWAY MACMILLAN and her team have assisted thousands of immigration applicants with getting their visas approved, navigating the workings of Home Affairs, and expediting their applications.

Together, let’s make your immigration effortless. Contact GREENBERG HATHWAY MACMILLAN today.

The post Why We’re the Best Immigration Lawyers first appeared on GHM.

Our attorneys have extensive experience helping foreign nationals get approved for spousal visas, ensuring they can stay with their spouses for more than a few months at a time. No more needless trips overseas, reapplying for a visitor’s visa, and not seeing your partner for weeks at a time.

You’ll finally be able to build a life together in South Africa. Your visa will be valid for three years and can be extended. After you’ve been married for at least five years, you’ll be able to apply for permanent residency.

This post discusses the various requirements to attain a spousal visa: the documents you’ll need, eligibility criteria, how long the visa will last, an overview of the process, and the outcomes you can expect.

Eligibility Criteria for Spousal Visa

Did you know? You don’t have to be married to get a spousal visa in South Africa. The law also recognises life partnerships as an alternative to marriage. After two years of partnership, you can apply for temporary residence. After five years of partnership, you’re eligible for permanent residence.

Documents Needed for a Spousal Visa

You’ll need the following documents when applying for a spousal visa. The documents are the same regarding heterosexual and homosexual relationships, as homosexual relationships are recognised under South African law.

• A personal statement stating your purpose and duration of your stay here.
• Indication from your South African spouse regarding their source of income.
• A signed cover letter from the South African spouse confirming financial support and accommodation, along with a certified copy of the spouse’s passport or South African visa (the certified copy should not be older than 3 months).
• Proof of the South African spouse’s financial assurance (currently R8,500 per person per month). They’ll have to submit certified bank statements that are no older than seven days and must be stamped or verified by their bank.
• If applicable, a translated copy from a sworn translator of your unabridged marriage certificate.
• An original relationship affidavit (DHA –Form 12) that’s been completed and certified by a commissioner of oaths. You must also submit a notarial agreement.
• An affidavit outlining your relationship to your South African spouse including documentation proving cohabitation, shared financial responsibilities, and details of any children in the relationship.
• If you have children together, you may need to submit a paternity test and unabridged birth certificates.
• A notarial agreement signed by both parties stating that your relationship has lasted for two (or five, depending on the application) years before the date of application and that no other person is involved in your relationship – the relationship must be monogamous.

The application requirements differ by whether your South African spouse is a citizen or permanent residence holder. Reach out to GREENBERG HATHWAY MACMILLAN Immigration Attorneys for more information on this.

Contact GREENBERG HATHWAY MACMILLAN

We’re some of the country’s most established immigration attorneys. For years, we’ve helped South Africans and their spouses achieve permanent and temporary residence through spousal visas.

Our specialists will ensure you gather all relevant documents and that your application isn’t rejected. We’ll also conduct follow-ups on your behalf during the application, ensuring your application is reviewed and approved as soon as possible. For more information, contact GREENBERG HATHWAY MACMILLAN. We’re glad to be of service!

The post What Are the Spousal Visa Requirements in South Africa? first appeared on GHM.

Our director, GREENBERG HATHWAY MACMILLAN, has worked exclusively in immigration law for over a decade. She’s helped thousands of people move to beautiful South Africa to retire, study, join their spouses, or visit. She’s renowned for her commitment to excellence, warmth, due diligence, and critical thinking abilities.

She has a vast knowledge of Home Affairs’ workings and is extensively qualified to help you with visa applications, ID books, passports, birth certificates, death certificates, marriage interviews, marriages and the registration of foreign births.

Immigration doesn’t have to be a hassle. Let GREENBERG HATHWAY MACMILLAN and her industry-leading immigration attorneys make legalities accessible and pain-free.

South Africa: the Perfect Place for a New Start

South Africa is the perfect place to immigrate to. Our country is a rainbow of cultures, ethnicities, nationalities, and languages, making the country easy to integrate into and feel at home in. Its people are warm-hearted, friendly, and kind. South Africa’s scenery is as beautiful as its heart, whether that’s the picturesque view of Table Mountain over the bay, the Eastern Cape’s technicolour landscape, or the hustle and bustle of South Africa’s New York, Johannesburg.

South Africa is a popular choice among expats globally for its currency: the Euro and Dollar are far stronger than the Rand, making your money stretch further in our assortment of world-class restaurants and attractions.

Step into Your Future

Take the first steps into a beautiful future. Enlist GREENBERG HATHWAY MACMILLAN and her team to help you with your immigration queries, visa applications, appeals, and more today. Contact us – we would be delighted to lend a hand.

The post Happy Festive Season first appeared on GHM.

It’s crucial that you renew your visa before VFS closes for the festive season, or you may be declared undesirable upon departure or being banned from re-entering South Africa. Depending on the severity of your overstay, you could face a one to five-year ban, or even a prohibition from reentering.

GREENBERG HATHWAY MACMILLAN will close for the festive season, too.

GREENBERG HATHWAY MACMILLAN 2024 Closure Dates

To best serve you in the new year, our hard-working immigration team must take time off to rest. June’s attorneys work tirelessly throughout the year to fight for immigration justice, defend you from Home Affairs’s missteps, and ensure you stay in South Africa stress-free.

We will close for the festive season on the 19th of December until the 6th of January. Our attorneys will be back in office from the 7th of January.

Department of Home Affairs 2024 Closure Dates

Since the Department of Home Affairs is a government initiative, it will only close on public holidays:

• Christmas Day: the 25th of December
• The Day of Goodwill: the 26th of December
• New Year’s Day: the 1st of January 2025

Before VFS Global closes, remember to apply for a visa extension or renewal. The Immigration Act sets out that if you overstay your visa by more than a month, you will be banned from reentering South Africa for five years. If you overstay by less than 30 days, you could be banned from re-entering for a year.

If you have any immigration queries, contact GREENBERG HATHWAY MACMILLAN. We wish you a stress-free festive season!

The post VFS Closures for Visa Applications first appeared on GHM.

What is an Overstay in South Africa?

An overstay occurs when a foreign national remains in South Africa beyond the expiration of their visa. Whether due to unforeseen circumstances or simple oversight, overstaying can lead to being labelled as “undesirable” upon departure, which may bar individuals from re-entering South Africa for up to five years.

Consequences of Overstaying

When a foreign national overstays, the penalties can range from a one-year ban to a five-year prohibition from re-entering South Africa. This period is determined by the length and frequency of overstays. However, there are circumstances under which an individual may appeal this status and regain entry rights.

Understanding the Overstay Appeal Process

The South African overstay appeal process allows those affected to provide an explanation and request the removal of their “undesirable” status. Success in this appeal hinges on presenting strong, well-documented reasons that justify the overstay.

Step 1: Determine Eligibility for Appeal

Not everyone will qualify for an overstay appeal. Generally, those with legitimate reasons such as medical emergencies, administrative errors, or unavoidable travel restrictions can present a compelling case. Ensure that you have supporting evidence for any claims made during the appeal.

Step 2: Gather Required Documentation

To proceed with the appeal, you’ll need several documents to substantiate your case.

• Copy of your passport and visa: This provides a record of your entry and departure dates.
• Departure stamp: Proof of your actual departure from South Africa.
• Supporting evidence: This could include hospital records, proof of administrative error, airline cancellations, or other documentation that supports your reason for overstaying.
• Personal statement: A letter detailing the circumstances leading to the overstay, which should be clear, concise, and factual.

Step 3: Submit Your Appeal

Appeals can be submitted either in person at a South African embassy or consulate or via email to the Department of Home Affairs in South Africa.

When submitting your appeal, make sure to include:

• A copy of the “undesirable” notice received upon departure.
• All supporting documents were collected in Step 2.
• Your statement explaining the overstay.

Awaiting a Response

After submitting the appeal, the processing time may vary, but typically, it takes between 48 hours to 10 days. It is advisable to follow up if you do not receive a response within this period. While waiting for a decision, individuals are encouraged to avoid attempting re-entry into South Africa until the outcome of their appeal is confirmed.

Tips for Strengthening Your Appeal

Here are a few practical tips to improve your chances of a successful overstay appeal:

1. Provide complete documentation: Missing paperwork can delay or weaken your case.
2. Be clear and concise: The Department of Home Affairs is more likely to respond positively to appeals that are direct and well-organised.
3. Follow up on your appeal: Persistent, polite follow-ups can help ensure your appeal is being processed.

What to Do if Your Appeal is Denied

In some cases, appeals may be denied. If this happens, you can consider seeking legal advice to explore further options. Some individuals may be eligible to reapply after a specified period or may be able to lodge a secondary appeal under certain circumstances.

Moving Forward After an Overstay Appeal

The overstay appeal process in South Africa provides foreign nationals with an opportunity to regain entry rights, but it requires careful preparation and documentation. With thorough attention to detail and legitimate reasoning, many individuals can achieve successful outcomes.

If you need further assistance navigating the appeal process, consider reaching out to an immigration specialist, such as GREENBERG HATHWAY MACMILLAN, who can help assess your case and provide tailored support every step of the way. Contact us today for more information.

The post Navigating the SA Overstay Appeal Process first appeared on GHM.

This political shift signifies a potential change in governance, which could directly impact major legislative reforms, especially in immigration.

Home Affairs White Paper: The Push for Immigration Reform

One of the most significant changes Ramaphosa’s coalition faces is reforming South Africa’s complex immigration laws. The Department of Home Affairs (DHA) has recently published a White Paper that seeks to overhaul the nation’s immigration, citizenship, and refugee systems. The White Paper consolidates existing legislation into a unified legal framework and aims to streamline immigration processes.

The paper introduces several key reforms, including:

• A points-based system for work visas: This system assesses visa applicants based on their skills and qualifications, potentially simplifying the path for highly skilled workers.
• Digital nomad visa: This visa enables foreign nationals working remotely for overseas employers to live in South Africa, contributing to the economy.
• Unified legislation: The Citizenship Act, Refugees Act, and Immigration Act will be consolidated, ensuring a more cohesive legal framework for dealing with immigration and citizenship.

The President vs. Home Affairs: A Struggle for Control

While the President’s administration has supported some of these reforms, there is a growing tension between the Presidency and Home Affairs over the pace and direction of the immigration overhaul. Critics argue that the White Paper has been rushed, with concerns about the DHA’s capacity to implement the proposed changes effectively.

Additionally, the plan to repeal the Refugees Act and integrate it into a broader immigration framework has sparked significant controversy. Some stakeholders believe that this move could weaken protections for refugees and asylum seekers, leading to potential legal challenges.

Ramaphosa’s coalition must navigate these challenges while ensuring the changes benefit South Africa’s economy, address unemployment, and protect the country’s most vulnerable communities. The ANC’s coalition with the DA and IFP may provide enough political support to push the reforms through parliament, but the implementation remains a critical concern.

The Road Ahead

As South Africa faces widening inequality, rising unemployment, and a struggling economy, immigration reform is seen as a vital part of Ramaphosa’s strategy for economic recovery. The President’s vision of a reformed immigration system aligns with his broader economic goals, but the execution lies in the hands of the DHA, which has struggled with processing backlogs and efficiency issues in the past.

The final version of the White Paper will soon be submitted to parliament. If passed, the reforms could reshape South Africa’s immigration landscape, making it more accessible for foreign workers and investors. However, the government’s success in implementing these changes will be closely watched, both domestically and internationally.

Navigating South Africa’s evolving immigration system can be complex. At GREENBERG HATHWAY MACMILLAN, we specialise in helping clients understand and adapt to these changes.

Contact us today for expert guidance on securing residency, work visas, or navigating the new digital nomad opportunities. Our team is here to help you every step of the way.

The post The President vs. Home Affairs first appeared on GHM.

The stampede occurred as a large crowd of foreign nationals gathered in the hopes of renewing or reapplying for asylum or refugee documentation, a process riddled with inefficiencies and corruption.

This event is not an isolated incident but part of a broader systemic issue affecting thousands of migrants. Many find themselves living as undocumented individuals due to delays, long waiting periods, and the disarray that plagues the Department of Home Affairs (DHA). For these migrants, the process of securing legal documentation can stretch for years, during which they remain vulnerable to exploitation and are often forced to endure prison-like conditions just to have their paperwork processed.

A System Under Pressure

Migrants queuing outside the Marabastad office describe a chaotic environment where people start lining up as early as 5 a.m., often without receiving assistance. The desperation to secure a place in line can quickly escalate into a dangerous situation, as evidenced by the recent stampede. Many asylum seekers report feeling helpless, often waiting months or even years without any meaningful progress on their cases. During this time, they live in constant fear of being deported, detained, or further marginalised.

One asylum seeker, who witnessed the stampede, shared his experience of spending years in these queues. He described how the disorder begins as soon as officials arrive, with people pushing and shoving out of desperation. “Once you’re in, you can’t leave, even for a bathroom break, because you lose your spot,” he said, adding that many spend the night in these conditions, hoping for an opening to have their cases heard.

The situation is exacerbated by corruption within the system. Some migrants have alleged that officials demand bribes in exchange for quicker processing, forcing already desperate individuals into paying just to move forward. This is further compounded by a language barrier, as many officials are unable to effectively communicate with the migrants they are tasked with assisting, making the entire process even more arduous.

The Cost of Living Undocumented

For those living in South Africa without proper documentation, the costs, both personal and financial, are enormous. Being undocumented can affect every aspect of life, from finding employment to accessing basic services. Without documentation, migrants are often unable to open bank accounts, secure housing, or even move freely within the country. The impact on mental health is significant, with many feeling trapped in a system that seems designed to keep them out.

Despite these challenges, the government’s response has been slow. The African Diaspora Forum (ADF) has called for immediate reform, urging the South African authorities to address not only the causes of the stampede but also the broader systemic issues affecting refugee and asylum centres across the country. The Marabastad office, one of only five in South Africa that deal with refugees, is notorious for overcrowding, long queues, and inadequate facilities, creating an environment of desperation for those seeking legal status.

Image: The Africa Daily Post

How GREENBERG HATHWAY MACMILLAN Can Help

At GREENBERG HATHWAY MACMILLAN, we understand the complexities and frustrations associated with the South African immigration system. Our team is committed to providing legal assistance to migrants facing the challenges of obtaining or renewing documentation. Whether you are dealing with delays, language barriers, or corruption, we are here to help navigate the process and ensure that your rights are protected.

We offer a range of services, including visa renewals and appeals. Our goal is to alleviate the burden on migrants and provide them with the legal support they need to secure their status in South Africa. With our deep understanding of the legal framework and years of experience in immigration law, we can intervene on your behalf to prevent further delays, ensure that your case is treated fairly, and work towards a resolution that allows you to live and work in South Africa legally.

At GREENBERG HATHWAY MACMILLAN, we stand ready to assist those caught in the system and advocate for meaningful change. If you or someone you know is facing immigration challenges, contact us today for expert legal support.

The post Deadly Stampede at Home Affairs Pretoria Office first appeared on GHM.