Good news for parents of South African children who are divorced/separated from their South African partners
South African immigration laws grant substantial rights to spouses (married or in a life partnership) of South African citizens or permanent residents. They can – under alleviated conditions – receive visas authorising them to work, conduct businesses, study or follow any other legal activity in South Africa. This allows them to support their South Africa partners and any children born from that partnership. However, when the marriage or partnership breaks up, their visa lapses. Up until recently, they had to return to their home countries and apply for a fresh visa from there under the very stringent “non-spousal” conditions, with no consideration of their parental ties and responsibilities. At best, this would take many months (within which a position may well be lost or a business go under), and at worst they would not qualify for any of the ordinary visas and never be able to return.
A Constitutional Court judgment of December 2023 has changed this. These parents can now obtain visas with the right to work or conduct a business based on their supporting their minor South African child. They can also make their new visa applications from within the country and continue working while they await the outcome. A huge win for affected children and families.