The short answer
Without a valid visa she can be classified as "undesirable" and may be banned from SA for five years.
The whole question
I am a South African citizen and my wife is a Russian citizen. We got married in South Africa last year November and have our South African marriage certificate. We applied for her spousal visa in January 2022. She has a three-month tourist visa but the spousal visa will likely take 8-10 months to process and issue.
Is there a way for her to stay in South Africa after her tourist visa expires while we wait for her spousal visa? We have the VFS receipt as proof of applying.
The long answer
I think it would be a risk not worth taking. It seems that your wife will need to apply for an extension of her tourist visa while waiting for the spousal visa to be issued, as she cannot stay without a valid visa, even though you can prove that you have applied for the spousal visa.
She should apply for an extension of the tourist visa as soon as possible while her visa is still valid, as people who outstay their visas can be classified as undesirable, and sometimes even banned from entering the country for some five years.
It seems too that though it is possible to extend a tourist visa, it will not be extended beyond six months.
With temporary residence or spousal visas that have already been granted but will expire, a person is required to apply for an extension sixty days before the current visa expires.
You could also seek the services of paid immigration lawyers to see if there is any leeway when it comes to visa extensions for a foreign person married to a South African who is waiting for the spousal visa to be issued.
Answered on July 21, 2022, 3:52 p.m.
See more questions and answers
Please note. We are not lawyers or financial advisors. We do our best to make the answers accurate, but we cannot accept any legal liability if there are errors.