Relative Visa South Africa

Summaries & Comparisons

Who Qualifies for a Relative’s Visa?

To qualify, you must fall within the “immediate family” of a South African citizen or permanent resident. The Department of Home Affairs divides this into two “steps” of kinship:

• First Step of Kinship:
  • Parents
  • Children
  • Spouses and Life Partners
• Second Step of Kinship:
  • Siblings (Brothers and Sisters)

Important Distinction: While both steps qualify for this temporary visa, only those in the First Step are eligible to apply for Permanent Residence based on this relationship. Siblings (Second Step) generally cannot convert this visa into Permanent Residence.

Can I Work, Study, or Conduct Business?

Historically, the Relative’s Visa was a strict “no-work” visa. However, following Constitutional Court judgment in Rayment and Others v Minister of Home Affairs (2023) and subsequent directives (Circular No. 11 of 2024), has changed this for specific groups.

Relationship Category	Work/Study Rights	Details
Parents of SA Children	Yes (Endorsement Required)	Following the Rayment judgment, foreign parents of SA children may apply for work, study, or business endorsements on their Relative’s Visa to fulfil their parental responsibilities.
Spouses	Yes (Via Section 11(6))	Spouses should ideally apply for the Section 11(6) Spousal Visa rather than Section 18. Section 11(6) allows for immediate work, study, or business rights.
Siblings	No	Siblings on a Section 18 visa are strictly prohibited from working, studying, or running a business. They must be wholly supported by their sponsor.
Other Relatives	No	Generally prohibited unless changing to a specific work or study visa independent of the relative status.

Financial Requirements

The Department of Home Affairs requires proof that the applicant will not become a burden on the state.

1. The Financial Threshold:
   • The sponsoring South African relative must prove they have R8,500.00 per month per person available to support the foreign relative.
     • Example: If sponsoring a brother and his wife, the sponsor needs R17,000 per month in disposable funds.
       
2. Exemptions:
   The financial assurance of R8,500 is not required if the applicant is:
   • The spouse or life partner of the sponsor.
   • The minor child of the sponsor.
   • Note: Even if exempt from the specific R8,500 amount, sponsors must still sign an undertaking of support.

Documentation Checklist

The burden of proof lies with the applicant to demonstrate kinship and financial status for the South African Relative’s Visa.

• DHA-1738 Application Form: Completed online for VFS appointments.
• Valid Passport: Must be valid for 30 days past the visa expiry date.
• Proof of Kinship:
  • Unabridged Birth Certificates: Essential for proving the biological link (e.g., showing both parents’ names to prove siblings share a parent).
  • Marriage Certificate: For spouses.
• Police Clearance Certificates: Required for all applicants 18 years or older from every country where they have resided for 12 months or more since turning 18.
• Medical Report: Form BI-811.
• Financial Proof: 3 months of certified bank statements or salary advice from the South African sponsor (unless exempt).
• Host’s Identity: Certified copy of the South African host’s ID or Permanent Residence permit.

Application Process

Step 1: Submission Location

• Within South Africa: You may apply within SA if you hold a valid temporary visa (e.g., Visitor’s Visa). This is a significant change following the 2019 and 2023 court judgments allowing spouses and parents to change status from within the country.
  See Rayment and Others v Minister of Home Affairs (2023)
• Outside South Africa: Siblings and other relatives typically must apply at the South African mission (embassy/consulate) in their home country.

Step 2: VFS Global Appointment

• Complete the application online.
• Pay the relevant fees.
• Schedule an appointment to capture biometrics and hand in documents.

Fees and Processing Times (2025 Estimates)

• DHA Application Fee: R425 (Spouses and dependent children are usually exempt).
• VFS Service Fee: ~R1,550 (Standard service).
• Processing Time:
  • Official Guideline: 4–10 weeks.
  • Reality: Delays are common. You must apply at least 60 days before your current visa expires.

Additional Considerations

• The “Sibling Trap”: Siblings of South African citizens are in a difficult position. They qualify for the temporary visa (Section 18) but are statutorily excluded from Permanent Residence under Section 27(g). They can renew the temporary visa indefinitely but generally cannot gain permanent status unless they qualify independently (e.g., Critical Skills).
• Life Partners: Partners must prove a relationship of at least 2 years (for temporary visas) involving cohabitation and shared financial responsibilities to be recognized as spouses.
• Parents: If you are a foreign parent of a South African child, you are now exempt from the “leave to change status” rule. If your relationship with the South African spouse ends, you have 3 months to apply for a new visa based on your parental link to remain in the country legally.

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Permanent Residency Option

Apply for a realtive permit if you’re looking to bring relatives to South Africa on a permanent basis

South African Relative’s Permit

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South African Visa Options