Answers to your questions

Have a question you would like answered? Email us and we may answer it. The questions here are based on ones from our readers, with identifying information removed.

Topic: Home Affairs  |  Show questions and answers for all topics

Can I be refused a spousal visa to South Africa because I am HIV-positive?

No, you should not be refused a visa because of your HIV-positive.

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Home Affairs is refusing to issue our mother's death certificate because of a clerical error. Can you refer us to a firm that specialises in this?

We suggest either De Saude Attorneys or Intergate Immigration.

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What citizenship is a child born in South Africa to one or two foreign parents entitled to?

If one of the parents is South African, the girls are automatically South African citizens.

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Can Home Affairs refuse an application for a same-sex marriage?

No, Home Affairs may not refuse an application for a marriage certificate for a same sex marriage.

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I'm an asylum seeker married to a South African. Can I apply for a spousal visa?

Yes, you can apply for a spousal visa.

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I have been served with papers banning me from the country. I have 30 days to respond. Where do I submit an appeal?

The answers to your questions are far from clear and we recommend contacting an organisation like Lawyers for Human Rights

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When my asylum permit was terminated Home Affairs marked my passport as "v list" . What does this mean?

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I applied for a spousal visa in October 2018 in Harare. I'm still waiting for Home Affairs and/or VFS to process my application. What can I do?

You could take the Minister to court to compel him to issue the permit on the basis of an unreasonably long delay, but this could be costly.

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What can I do to get Home Affairs to process a letter of non-impediment for me?

You can either brief lawyers or obtain the letter through one of the law firms that advertise this service. That would take 4 to 6 weeks and is quite expensive.

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Can I apply for a relative visa for my life partner of 15 years?

You can apply for a Section 26 (B) Life Partner Permit, which is a permanent resident permit that caters for people who are in a long term relationship, but who have not married, as in your case.

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