South Africa: Court Declares Loss of Status for Foreign Spouses with a South African Child Unconstitutional
December 5, 2023

The Constitutional Court has ruled that it is unconstitutional for the Immigration Act to force a foreign spouse or unmarried partner to leave South Africa in the case of divorce or separation with their South African spouse if there is a South African citizen or permanent resident child with the spouse. The court has instead created a provision to allow a change of status (in the case of a Visitor’s Visa holder) within three months from divorce or separation with the South African spouse, so the foreign spouse or unmarried partner can become eligible to apply for work authorization or continue working for the full duration of the work permit to take care of the child financially. Previously, a foreign spouse or unmarried partner would have needed to stop working and must have departed the country to apply for a new visa or work permit in their country of residence or origin. The Constitutional Court has granted parliament or the Department of Home Affairs 24 months from the date of the judgement to challenge the provisions, including the three-month period for status change. Failure to do so will result in these provisions becoming permanent.
This alert is for informational purposes only. If you have any questions, please contact the global immigration professional with whom you work at Fragomen or send an email to [email protected].
Explore more at Fragomen

Awards
Fragomen and Regional Partner for the Asia Pacific Mark Buchanan were recognized at the 2025 FEM APAC EMMAs.

Awards
Partner Archana Iyer won the "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards.

Media mentions
Senior Counsel Mitch Wexler discusses how USCIS’s new rule could potentially increase enforcement and affect how applicants interact with the US immigration system.

Blog post
Assistant Business Immigration Manager Raga Rasuanta discusses Indonesia’s post-election immigration strategy and its shift toward balancing openness to global talent with increased regulatory scrutiny.

Fragomen news
Fragomen announces the appointment of Leah Rogal as Senior Director of its Center for Strategy and Applied Insights.

Blog post
Destination Services Manager Ali Sikandar discusses how orientation programmes in Saudi Arabia help expatriates adapt to cultural differences, workplace norms and everyday challenges, easing their transition into a new environment.

Blog post
Manager Olga Astapova outlines options for individuals to obtain residency without employer sponsorship, highlighting legal routes and strategic considerations.

Video
Senior Manager Fatima Aydin discusses Ireland's 2025 public consultation on the occupations lists, and how stakeholders such as employers can provide input.

Blog post
Manager Mihaela Dumitru outlines Switzerland's evolving immigration policies and quota adjustments for 2025.

Video
Learn how to apply for German citizenship by descent. Discover eligibility under Article 116 and Section 15, benefits of EU citizenship and the step-by-step application process.

Media mentions
Partner Siobhan Owers discussed how visa reforms are reducing available international staff and creating workforce challenges in the UK care sector.

Awards
Fragomen and Regional Partner for the Asia Pacific Mark Buchanan were recognized at the 2025 FEM APAC EMMAs.

Awards
Partner Archana Iyer won the "Innovation Award" at The New York Law Journal's 2025 New York Legal Awards.

Media mentions
Senior Counsel Mitch Wexler discusses how USCIS’s new rule could potentially increase enforcement and affect how applicants interact with the US immigration system.

Blog post
Assistant Business Immigration Manager Raga Rasuanta discusses Indonesia’s post-election immigration strategy and its shift toward balancing openness to global talent with increased regulatory scrutiny.

Fragomen news
Fragomen announces the appointment of Leah Rogal as Senior Director of its Center for Strategy and Applied Insights.

Blog post
Destination Services Manager Ali Sikandar discusses how orientation programmes in Saudi Arabia help expatriates adapt to cultural differences, workplace norms and everyday challenges, easing their transition into a new environment.

Blog post
Manager Olga Astapova outlines options for individuals to obtain residency without employer sponsorship, highlighting legal routes and strategic considerations.

Video
Senior Manager Fatima Aydin discusses Ireland's 2025 public consultation on the occupations lists, and how stakeholders such as employers can provide input.

Blog post
Manager Mihaela Dumitru outlines Switzerland's evolving immigration policies and quota adjustments for 2025.

Video
Learn how to apply for German citizenship by descent. Discover eligibility under Article 116 and Section 15, benefits of EU citizenship and the step-by-step application process.

Media mentions
Partner Siobhan Owers discussed how visa reforms are reducing available international staff and creating workforce challenges in the UK care sector.