Thinking of South African citizenship by married to a South African citizen and want to live together in South Africa, there are special permits and visas just for that. To become a citizen through marriage, you have to be a permanent resident for at least two years before applying.
Process for South Africans Marrying Foreigners in South Africa
Before tying the knot, both the South African citizen and their foreign partner must meet the criteria outlined by the Department of Home Affairs (DHA). South African law prohibits certain individuals from getting married in the country:
- Those who are already married.
- Minors under 18, unless they have parental consent or court approval.
- Individuals with severe mental disorders.
Refugees and asylum seekers can marry in South Africa if they meet the requirements and present valid permits. They must also provide a declaration from the police confirming their marital status.
Applying for a Marriage Certificate
The initial step is to notify the DHA of the intention to marry and apply for a marriage certificate at least three months before the wedding. The application should include:
- Identification documents for both partners.
- Passports.
- Completed BI-31I form declaring legal eligibility for marriage.
- Divorce decree (if applicable).
- Death certificate (if applicable).
- Passport-sized photos of the couple.
- Proof of visa or residency permit for the foreign partner.
- Letter of No Impediment.
Foreign partners need to arrange for the Letter of No Impediment from their home country or the nearest embassy or consulate in South Africa. This document confirms their single status and eligibility to marry. If issued in a language other than English, it must be accompanied by a sworn translation.
Pre-marital Interview
Couples, especially those involving a foreign partner, must attend a pre-marital interview with the DHA. This helps verify the genuineness of the marriage and must be completed at least two days before the wedding. The duration and complexity of the interview may vary based on the nationality of the foreign partner.
After the interview, the couple receives a letter from the DHA, which is handed over to the marriage officer. This letter authorizes the marriage officer to proceed with the wedding and is crucial for registering the marriage with the DHA.
Registering the Marriage
To formalize the marriage, it must be registered with the DHA to obtain an unabridged marriage certificate. This certificate signifies the official recognition of the marital status change by the DHA and can be used for legal purposes.
Couples, regardless of nationality, can seek assistance from services like Apostil.co.za to register their marriage and obtain the necessary certificates.
Understanding Immigration Laws in South Africa
The Department of Home Affairs plays a crucial role in managing immigration matters in South Africa. They oversee the issuance of visas and permits, ensuring that everyone entering the country follows the immigration laws and regulations.
Different Visa Categories
South Africa offers a range of visa categories, each tailored to specific requirements and conditions. For spouses of South African citizens, the Spousal Visa is particularly relevant, granting foreign spouses the right to reside in the country.
Marriage and Immigration in South Africa
Recognized Marriages in South Africa
Marriages conducted under the Marriage Act, Civil Union Act, and Recognition of Customary Marriages Act are legally recognized in South Africa. This includes both opposite-sex and same-sex marriages.
Rights and Benefits for Spouses
Marrying a South African citizen comes with certain rights and benefits. These include the ability to apply for a Spousal Visa, work within South Africa, and access social services and healthcare.
How to get South African Citizenship by Marriage
Eligibility for South African Citizenship by Marriage
To be eligible for South African citizenship by marriage, you must meet the following criteria:
- Marriage Requirements: You must be married to a South African citizen and have been married for a minimum of two years. The marriage must be recognized as valid under South African law.
- Residency Requirements: You must have lived in South Africa for a minimum of two years permanently. This means that you must have had a valid work or residence permit for this entire period.
- Good Character: You must be of good character and not have any criminal convictions. The South African government reserves the right to deny citizenship to anyone with a criminal record, regardless of their marital status.
- Language Requirements: You must be able to communicate effectively in one of South Africa’s official languages, which are English, Afrikaans, Zulu, Xhosa, and Sesotho.
- Knowledge of South African History and Constitution: You must have a basic understanding of South Africa’s history, culture, and the principles of its Constitution.
- Financial Requirements: You must be able to support yourself and your family without relying on government assistance.
Application Process for South African Citizenship by Marriage
Once you have determined that you are eligible for South African citizenship by marriage, the next step is to complete the application process. This involves the following steps:
- Collect Required Documentation: The first step in the application process is to gather all the required documentation, including proof of marriage, proof of residency, passport or ID, birth certificate, and any other relevant documents.
- Complete the Application Form: The next step is to complete the official South African Citizenship by Marriage application form. This form is available from the Department of Home Affairs and must be completed in full and submitted with the required supporting documents.
- Submit Application and Supporting Documents: Once you have completed the application form and gathered all the required documents, you must submit your application and supporting documents to the Department of Home Affairs.
- Pay the Processing Fees: You will also need to pay a processing fee when submitting your application. The fees vary depending on the type of citizenship application you are making.
- Wait for Decision: After submitting your application, you will need to wait for the Department of Home Affairs to make a decision on your application. This process can take several months, and in some cases, up to a year or more.
- Attend an Interview: If required, you may be asked to interview with a Department of Home Affairs representative. This interview will assess your knowledge of South African history, culture, and the principles of its Constitution.
- Oath of Allegiance: If your application is approved, you will be required to take an Oath of Allegiance. This is a formal ceremony where you declare your loyalty to South Africa and affirm your commitment to uphold the principles of its Constitution.
- Receive Citizenship Certificate: Once you have taken the Oath of Allegiance, you will be issued with a South African Citizenship Certificate, which serves as proof of your citizenship status. This certificate is an important document that you will need to produce whenever you apply for government services, such as healthcare or a passport.
Also Read: South African Citizenship Requirements and Application Process(Opens in a new browser tab)
Conclusion
Becoming a citizen of South Africa by marriage is a complex process that requires careful planning and preparation. To be eligible, you must meet the eligibility criteria outlined above, including a minimum of two years of marriage to a South African citizen, residency in South Africa for a minimum of two years, good character, proficiency in one of South Africa’s official languages, knowledge of its history and Constitution, and financial stability.
The application process involves completing an application form, submitting supporting documents, paying processing fees, and, in some cases, attending an interview. By following these steps and meeting the eligibility criteria, you can become a citizen of South Africa and enjoy all the rights and benefits that come with this status.