What Is a Relative’s Visa in South Africa?
Being related to a South African is the beginning of the application—not the end.
Your spouse is South African. Your child is a South African citizen. Your parent or sibling holds South African citizenship or permanent residence.
You may therefore believe that obtaining permission to live with your family in South Africa should be automatic.
Unfortunately, family connection alone does not guarantee the approval of a visa.
A successful relative’s visa application must establish the relationship, satisfy the prescribed financial requirements, use the correct immigration category and comply with the applicable application procedure.
This is where many families experience difficulties. They may be genuinely related but submit the wrong visa application, use an incorrect financial threshold or fail to provide documents that establish the complete chain of kinship.
Understanding what a relative’s visa is—and what it does not provide—is the first step towards preparing a stronger application.
What Is a South African Relative’s Visa?
A relative’s visa is a temporary residence visa issued under section 18 of the Immigration Act 13 of 2002.
It allows a qualifying foreign relative of a South African citizen or permanent resident to reside in South Africa for a specified period.
The visa may generally be issued for a maximum period of two years at a time. It can be renewed if the applicant continues to qualify and submits the extension application properly and on time.
Although some people still refer to it as a “relative’s permit,” the legally appropriate term under the current immigration framework is a relative’s visa.
A relative’s visa does not automatically become permanent residence after two years. Permanent residence requires a separate application under the appropriate legal provision.
Who May Qualify for a Relative’s Visa?
A foreign national who is an immediate family member of a South African citizen or permanent resident within the prescribed degree of kinship may qualify.
The category can include:
- a spouse;
- a qualifying permanent life partner;
- a parent;
- a child;
- a sibling; and
- another family member falling within the legally recognised second step of kinship.
The precise relationship determines:
- what documents must be submitted;
- whether the financial requirement applies;
- whether the applicant may apply from within South Africa;
- whether the applicant may work; and
- whether the relationship could eventually support a permanent residence application.
This means a spouse, parent and sibling should not assume that they all have identical immigration rights simply because they fall under the broader relative’s visa category.
What Does “Within the Second Step of Kinship” Mean?
South African immigration law generally limits temporary relative’s visas to immediate family members within the second step of kinship.
In practical terms, this can include close family relationships such as:
- parent and child;
- grandparent and grandchild;
- siblings; and
- recognised spousal relationships.
However, the applicant must prove the complete relationship through civil-status documents.
For example, a sibling application may require more than one birth certificate. The applicant may need to provide:
- the applicant’s unabridged birth certificate;
- the South African sibling’s unabridged birth certificate; and
- documents showing that both individuals share a parent.
What Is the Financial Requirement?
A South African citizen or permanent resident supporting a section 18 relative’s visa application must ordinarily demonstrate financial assurance of at least:
for each foreign relative.
The financial assurance should be proved through acceptable evidence, such as a current salary advice or certified bank statement not older than three months.
Does the R8,500 requirement apply to a spouse?
Yes.
A foreign spouse applying for a section 18 relative’s visa must meet the R8,500 monthly financial-assurance requirement.
Applicants should not confuse this with the financial requirement for a section 11(6) spousal visa.
A section 11(6) applicant must ordinarily demonstrate sufficient financial means of at least R3,000 per month per person, together with the requirements for any requested work, study or business authorisation.
| Visa route | Financial threshold | Important distinction |
|---|---|---|
| Section 18 relative’s visa | R8,500 per month | An ordinary relative’s visa does not generally carry work rights. |
| Section 11(6) spousal visa | R3,000 per month per person | May include requested work, study or business authorisation where the relevant requirements are met. |
Using the wrong financial threshold may result in a rejection.
When does an exemption apply?
The R8,500 financial assurance is not required where the South African citizen or permanent resident on whom the application is based is a dependent child.
This is particularly important where a foreign parent applies based on a minor South African citizen or permanent-resident child.
A dependent child cannot reasonably be expected to produce salary slips or earn enough to sponsor the foreign parent.
The foreign parent must still prove the parent-child relationship and demonstrate genuine parental responsibilities.
Can a Relative Apply From Inside South Africa?
Spouses, children and qualifying parents of South African citizens or permanent residents may apply for the appropriate family-based visa from within South Africa while holding a valid visitor’s visa.
This includes a visitor’s visa granted at the port of entry and reflected by an entry stamp in the applicant’s passport.
The legal position developed through two important Constitutional Court judgments:
- Nandutu and Others v Minister of Home Affairs and Others confirmed the in-country application rights of foreign spouses and children of South African citizens or permanent residents.
- Rayment and Others v Minister of Home Affairs and Others; Anderson and Others v Minister of Home Affairs and Others extended protection to qualifying foreign parents of South African citizen or permanent-resident children.
Therefore:
- a foreign spouse may apply from inside South Africa;
- a foreign child may apply from inside South Africa;
- a qualifying foreign parent may apply from inside South Africa; and
- the application may be submitted while the applicant holds a valid visitor’s entry stamp.
This does not automatically extend to siblings and other relatives. A sibling submitting a first relative’s visa application may still need to apply from outside South Africa.
Can a Relative’s Visa Holder Work?
The general rule is that an ordinary section 18 relative’s visa does not permit its holder to work.
It also does not ordinarily authorise the holder to:
- study;
- conduct a business;
- volunteer; or
- undertake another regulated activity.
However, there are two important family-based routes involving work rights.
Foreign spouses
A foreign spouse or qualifying permanent life partner who wants to work may apply under section 11(6) for work authorisation.
The application must ordinarily include:
- proof of the genuine spousal relationship;
- sufficient financial means of at least R3,000 per month per person;
- a valid employment offer or contract; and
- supporting information about the proposed employment.
Foreign parents
Under the Rayment judgment, a qualifying foreign parent of a South African citizen or permanent-resident child may apply for a relative’s visa with work authorisation.
The parent must demonstrate that they:
- are the parent of the South African citizen or permanent-resident child;
- are currently fulfilling parental responsibilities; or
- genuinely intend to fulfil those responsibilities.
The work authorisation enables the foreign parent to support and care for the child.
How Long Is a Relative’s Visa Valid?
A section 18 relative’s visa may be issued for a maximum period of two years at a time.
The visa can generally be renewed from within South Africa if:
- the family relationship continues;
- the sponsor remains a South African citizen or permanent resident;
- the financial requirement remains satisfied or an exemption applies;
- the applicant complies with the conditions of the visa; and
- the renewal application is submitted on time.
An extension should ordinarily be submitted at least 60 days before the existing visa expires.
The fact that Home Affairs previously approved the visa does not guarantee that the renewal will also be approved. The Department may reassess the relationship, financial evidence and continued eligibility.
Does a Relative’s Visa Lead to Permanent Residence?
A temporary relative’s visa does not automatically lead to permanent residence.
Permanent residence requires a separate application under the appropriate provision of the Immigration Act.
Potential family-based permanent residence routes include:
- a spouse or qualifying life partner who has been in a good-faith relationship with a South African citizen or permanent resident for at least five years;
- a qualifying relative within the first step of kinship;
- a qualifying parent;
- a qualifying child; and
- another person covered by a specific permanent residence provision.
A sibling may qualify for a temporary relative’s visa but will not ordinarily qualify for family-based permanent residence because siblings do not fall within the first step of kinship.
Temporary and permanent residence eligibility must therefore be assessed separately.
Why Are Relative’s Visa Applications Rejected?
Common rejection reasons include:
- insufficient proof of kinship;
- missing or inadequate birth certificates;
- failure to prove the R8,500 financial assurance;
- incomplete or outdated bank statements;
- inconsistent names across family documents;
- insufficient proof of a life partnership;
- failure to prove the sponsor’s citizenship or permanent residence;
- applying from the wrong location;
- selecting the wrong visa category;
- requesting work rights under an ordinary relative’s visa; and
- submitting an extension fewer than 60 days before expiry.
Some rejections result from missing documents. Others arise because Home Affairs overlooked evidence or applied an incorrect interpretation of the law.
A rejected applicant may generally submit an internal appeal to the Director-General under section 8(4) within 10 working days after receiving the decision.
If the Director-General confirms the rejection, a further appeal may be submitted to the Minister under section 8(6), ordinarily within another 10 working days after receipt of the Director-General’s decision.
What Happens When the Application Is Unreasonably Delayed?
A relative’s visa application or appeal may remain pending beyond the expected administrative processing period.
If the delay becomes unreasonable and repeated follow-ups do not produce an outcome, the applicant may consider mandamus proceedings.
A mandamus application asks a court to compel Home Affairs to make a decision within a specified period.
It does not ask the court to approve the visa.
Applicants should preserve:
- the VFS submission receipt;
- the application reference number;
- a copy of the application;
- follow-up emails;
- escalation correspondence; and
- evidence of the prejudice caused by the delay.
The Most Important Question to Ask Before Applying
Most applicants begin with:
“What documents do I need?”
The better starting question is:
“Which relative’s visa route applies to my relationship and the rights I need?”
A spouse who needs to work may require section 11(6), rather than an ordinary section 18 relative’s visa.
A parent of a South African child who needs to work may require a Rayment-based relative’s visa with work authorisation.
A sibling may qualify for temporary residence but may have to submit the first application from outside South Africa.
Choosing the correct legal route before collecting documents can prevent a costly rejection.
How Virtual Migration Services Can Assist
Virtual Migration Services assists foreign nationals and South African families with:
- relative’s visa eligibility assessments;
- section 18 relative’s visa applications;
- section 11(6) spousal applications;
- parental visas with work authorisation;
- in-country applications by spouses, children and parents;
- relative’s visa renewals;
- quality-assurance reviews;
- section 8(4) and section 8(6) appeals; and
- mandamus matters involving unreasonable delays.
If you are preparing a relative’s visa application, have received a rejection or have been waiting an unreasonable period for an outcome, obtain an assessment before deciding on your next step.