Spousal visa (Common law)

Fees: CAN $ 32.00

  • Collect the documents listed under basic requirements.
  • Complete Application form DHA-1738 in black ink. Do not use wite-out on forms or make alterations. Make sure this is signed and your email and working telephone number is there. Do not remove any pages from the application.
  • CAN $ 32.00 processing fee. Pay by money order, certified cheque only. It must be payable to the South African Consulate-General in Toronto. The fee is Non-refundable even if you do not meet the requirements. No cash, please. No personal cheques, please.
  • An applicant for a visa or permanent residence permit in terms of the Act who asserts in his or her application to be a spouse, as defined in section 1 of the Act, must prove to the satisfaction of the Director-General that he or she is a spouse to a citizen or permanent residence permit holder in the manner set out in sub regulation (2).
  • An applicant contemplated in sub regulation (1) must submit-
    • a notarial agreement signed by both parties attesting that-
      1. the permanent homosexual or heterosexual relationship has existed for at least two years before the date of application for
      2. neither of the parties is a spouse in an existing marriage (Non impediment letter) or a permanent homosexual or heterosexual relationship;
    • an affidavit on Part A of Form 12 illustrated in Annexure A, confirming the continued existence of the relationship;
    • in the case where such a party was a spouse in a previous marriage, any official documents that prove the dissolution of such marriage either by divorce or the death of the other spouse;
    • documentation to prove-
      1. the financial support to each other; and
      2. the extent to which the related responsibilities are shared by the applicant and his or her spouse; and COPIES OF JOINT TAX FILINGS AS A COUPLE
  • Both partners to a homosexual or heterosexual relationship must avail themselves for an interview same day and time at the Consulate or High Commission.
  • Book an appointment in advance.
  • An applicant contemplated in sub regulation (1) who has been granted a visa or permanent residence permit on the basis of the relationship must immediately inform the Director-General when his or her relationship ceases to exist.
  • The Director-General may, upon receipt of the information contemplated in sub regulation withdraw the visa or permanent residence permit issued on the basis of the existence of a permanent homosexual or heterosexual relationship.