Pending or Outstanding Spousal Permit

Struggling through the process of following up on a pending or outstanding spousal permit may make even the most zen of applicants scream with frustration and considering the fact that no one at the Department of Home Affairs picks up the phone – and when they do, offering vague responses, we don’t blame applicants one bit. At June Luna Immigration Attorneys, we take on the responsibility of resolving your pending spousal permit application through expert South African immigration services while keeping you informed throughout the process.

Permanent Residency based on a spouse is only possible if applicants have been in a permanent life partnership (with proof!!) or marriage for five years or longer. Once this requirement and all other general requirements have been met, an applicant can apply for permanent residency. During this time, an applicant must have a valid temporary residency visa to be in South Africa.

Unlike a spousal visa which allows an applicant to reside in South Africa temporarily, a spousal permit grants the applicant nearly all rights and privileges that a South African citizen holds. These rights include the ability to work, study and start or run a business in South Africa without requiring special permission. As a result of the increased benefits, a spousal permit has a much longer processing period of a minimum of 12 to 24 months and possibly longer. If your outstanding spousal permit has remained in a pending state for longer than the stipulated waiting period with no feedback, you are well within your rights to take legal action and force an outcome.

Our expert team of immigration attorneys have years of experience successfully navigating the complex policies of the Department of Home Affairs, obtaining outcomes and resolving pending cases through litigation. After an initial assessment of your case, our litigators will clarify the reasons for the delay and work with you to overcome all roadblocks preventing your application from being resolved.

We can also assist in applications for a temporary spousal visa in the interim. This temporary visa is generally valid for 1 to 3 years, allowing you to remain with your family in South Africa while our team challenges the Department of Home Affairs to process your permanent spousal permit.

For more information on our immigration services and how we can assist you, please contact us for an initial assessment.