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
Video
Manager David Makau discusses Oman's recent introduction of a Golden Visa program.
Media mentions
Partner Louise Haycock highlights the inclusion of performing arts occupations on the temporary shortage list and what it means for international talent in the sector.
Media mentions
Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.
Blog post
Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.
Media mentions
Partner Bo Cooper provides insight on how evolving US and UK immigration policies, including recent H-1B changes, are shaping corporate mobility and compliance strategies.
Video
O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.
Media mentions
Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.
Media mentions
Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.
Media mentions
Fragomen is featured in The Times as a key immigration adviser highlighting Abu Dhabi’s rising demand for golden visas, especially among UK nationals seeking long-term, self-sponsored residency.
Video
Brazil Managing Partner Diana Quintas highlights Brazil’s visitor visa rules and what travelers should know.
Blog post
Senior Manager Kinka Tonchev and Paralegal Emily Whalley discuss how upcoming UK visa changes will affect skilled worker dependants and reshape tech sector mobility.
Fragomen news
Partner Marius Tollenaere provides key insights on labour migration, procedures and employer obligations in the latest edition of "Einwanderungsrecht".
Video
Manager David Makau discusses Oman's recent introduction of a Golden Visa program.
Media mentions
Partner Louise Haycock highlights the inclusion of performing arts occupations on the temporary shortage list and what it means for international talent in the sector.
Media mentions
Partner Louise Haycock highlights opportunities for easier access to overseas talent for the UK creative sector while guiding businesses through evolving visa rules.
Blog post
Associate Amelia Haynes and Paralegal Clare Macmillan Bell discuss the legal considerations surrounding British citizenship for children born through adoption or surrogacy.
Media mentions
Partner Bo Cooper provides insight on how evolving US and UK immigration policies, including recent H-1B changes, are shaping corporate mobility and compliance strategies.
Video
O Diretor Executivo da Fragomen Brasil, Diogo Kloper, destaca uma atualização importante na política migratória brasileira, que muda significativamente o que estrangeiros podem fazer no país sob o status de visitante.
Media mentions
Partner Rajiv Naik provides insight on how immigration frameworks across the UK, Europe and EMEA are evolving to support start-ups and entrepreneurial talent.
Media mentions
Partner Jo Antoons discusses the rollout of the EU's new Entry/Exit System.
Media mentions
Fragomen is featured in The Times as a key immigration adviser highlighting Abu Dhabi’s rising demand for golden visas, especially among UK nationals seeking long-term, self-sponsored residency.
Video
Brazil Managing Partner Diana Quintas highlights Brazil’s visitor visa rules and what travelers should know.
Blog post
Senior Manager Kinka Tonchev and Paralegal Emily Whalley discuss how upcoming UK visa changes will affect skilled worker dependants and reshape tech sector mobility.
Fragomen news
Partner Marius Tollenaere provides key insights on labour migration, procedures and employer obligations in the latest edition of "Einwanderungsrecht".