Marriage to foreigner doesn’t fix immigration status - legal expert

Marrying a foreign national in South Africa comes with intense scrutiny and separate immigration hurdles, warns Schoeman-Louw.

She says that many couples mistakenly believe marriage automatically resolves visa and residency issues. “Marriage and immigration are two completely separate legal processes. Getting married does not suddenly make someone legal in South Africa.”

The Department of Home Affairs plays a central role when one spouse is a foreign national, largely to prevent fraudulent or convenience marriages.

“Home Affairs will look very closely at these relationships,” explains Schoeman-Louw. “Couples should expect interviews, document checks and, in some cases, even home visits.”

Foreign nationals must legally be in South Africa at the time of marriage. They must present key documents, including a valid passport, an appropriate visa and a letter from their country of origin confirming they are allowed to marry.

Schoeman-Louw warns that a visitor’s visa is often a stumbling block.

“People assume that once they’re married, everything is fine. That is not true. A visitor’s visa does not automatically allow a change of status after marriage.”

Even after tying the knot, the foreign spouse must still apply for the correct immigration status, such as a relative’s visa, and meet all the legal requirements.

One of the most common mistakes couples make is failing to check visa conditions before getting married or submitting inconsistent information. “That’s when delays happen, or worse, when Home Affairs starts suspecting the marriage is not genuine.”

The process can take months, particularly if additional investigations are triggered.

Her advice to couples is clear: get professional guidance. “If you do this properly from the start, you can avoid a great deal of stress later on.”

For more information, listen to Schoeman-Louw using the audio player below: