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Pre-nuptial arrangements protect one party from liability of debts accrued by their spouse and allow you to maintain wealth and property accumulated during the marriage. Contact Migrate With Q to assist you with a spousal visa. We are based in Cape Town and can assist you from anywhere in the world. The process to get married can belong if you are not familiar with what needs to happen.
An acknowledgement of receipt BI-1700 will then be issued by the Department. If you need to apply for a temporary residence visa, then you can make use of an immigration consultant or lawyer and wonder how much an immigration lawyer costs in South Africa? There are many advantages in using an immigration consultant and many times one of the advantages are waiver letters for immigration in South Africa. The interview itself takes about 20 minutes, although you will probably have to wait up to an hour for the interview, even when you show up at the scheduled time. You will be interviewed separately and asked a series of questions relating to your relationship. This might include when you started dating, where you live, the contents of the house, places you’ve visited together.
Home Affairs Interview Process for Foreign Nationals
Foreigners can also easily conduct their weddings to South Africans at Home Affairs. Each partner should have a valid identification document. You have to be legally allowed to get married in South Africa. Please explain what are other uses of obtaining this document/certificate.e.g. If you are a minor, you may apply for the dissolution of the marriage before you turn 21 or within three months after turning 21. Any major, single or divorcee or widow/widower, who wishes to get married, can apply.
Abridged marriage certificates are free of charge for first-time applicants; subsequent copies may require a small fee, such as R75 for unabridged marriage certificates. Two witnesses and the marriage officer must sign the marriage register after the solemnisation of a marriage. After the interview, the official should give you a verbal go-ahead to get married. They will also draft a report which will be sent to the required home affairs marriage department. This report is one of the documents the marriage officer must hand in or collect when lodging the marriage at home affairs. Technically, you can get legally married on the day of your interview if you have received the go ahead.
Abridged marriage certificate
Visit the nearest DHA office and request to make an appointment to get married at Home Affairs, from the concerned department. Both persons may not be already married in terms of any other Act. If your parents and/or a Commissioner of Child Welfare refuse to grant consent for your marriage, you may then apply to a judge of the High Court for consent. The judge will not grant consent unless there is sufficient evidence that the marriage is in the interest of the minor and that prior consent has been unreasonably refused. Not all countries issue the letter of non-impediment like the United Kingdom and in this instance, you would need an official letter stating this. Copy of the passport of the Non SA Citizen together with the copy of the page containing the entry stamp into SA.
This requirement is the one that causes a few headaches because you’ll only be able to hand in this document once the foreign partner is in the country. Home Affairs only books interviews for couples once both of them are in the country. If any of the persons getting married are widowed, the deceased spouse’s death certificate must be submitted. The letter of non-impediment just confirms to the Department of Immigration that you are not married in your country of residence. This letter permits you to get married in South Africa to your partner and have the wedding of your dreams. If your letter of non-impediment is written in a different language then you must have it officially translated into English by a sworn translator.
Unabridged Marriage Certificate
You can still some bridal flair to the day and bring any photographer to take some photos at the premises, without causing much trouble to the officials. Both persons must be 18 years or older to enter into a Civil Union. Any minor, boy or girl, who has provided the consent prescribed by the DHA, can apply. Please be aware that the marriage premises must satisfy the constraints set by the DHA and your marriage must happen in the presence of at least witnesses. If you are not sure of any of the above mentioned criteria, a legal counsel should be sought before entering into the marriage.
All couples married in South Africa receive abridged marriage certificates, which are presented to the couple immediately after the ceremony. If one of you is a South African and living in South Africa, this is the only certificate you require. Before getting married, you are required to present any prenuptial agreements to the marriage officer with a letter from your lawyer confirming the agreement was mutual. All couples must attend an interview session at the Department of Home Affairs offices.
Hopefully, this blog post gives you all the information you need. The interview is to check whether you are a genuine couple and that both partners entered the relationship willingly. The purpose of this letter is to state that you are not married in your country of residence and that you are free to marry in South Africa or any other country.
If any party is divorced a copy of the final decree of divorce. A covering letter from your lawyer if you have set up an Anti Nuptial Contract. If you choose not to enter into an A.N.C then you are automatically married in community of property .
Home Affairs requires the green ID book or the new ID card for SA Citizens getting married in SA. If an SA Citizen does not have an ID book or card then they will either need to apply for one prior to their wedding or apply for a temporary ID document and this will be accepted. Where applicable – final decrees of divorce where the current marital status is divorced. If all documentation is correct, a representative from the marriage section will accompany the couple to immigration to make an appointment. It is a new legal requirement for me to obtain the left thumb print of the bride and groom.
A marriage officer will not be allowed to marry you and your partner and you will not be allowed to register your marriage at the Department of Home Affairs. Before getting married, you are required to present the ANC to the marriage officer with a letter from your lawyer confirming the agreement was mutual. Before marrying, you must present any prenuptial agreements to the marriage officer with a letter from your lawyer confirming mutual agreement. The foreign national marrying a South African is required to submit certain documents at the interview which will be thoroughly investigated by the Immigration officer. Still, there are still a lot of couples that do not want to separate the legal signing of documents from their celebration and elopement.
You and your better half should have your valid identification numbers. You are also be required to apply for a nuptials certificate from the Department Home Affairs three months before the preferred wedding date. A certified copy of the foreign partner’s letter of non-impediment from their country’s embassy .
Please be aware of the new referral system regarding setting up an interview at Home Affairs with an immigration officer. This is when a couple get married in South Africa and one is an SA Citizen and the other is a non SA Citizen. An interview needs to happen with an immigration officer prior to the wedding. It is a new legal requirement for me to obtain fingerprints of the bride and groom. This will be done on your wedding day by the marriage officer.
Marriages at Home Affairs or court
Couples that want to get married, but are not interested in a ceremony at a church or other public location may hold their ceremony at any South African Home Affairs office. Marriage ceremonies taking place at a Home Affairs office are FREE OF CHARGE and entitled under the Civil Union Act 2006 for both heterosexual and same-sex couples. Foreign nationals marrying South African citizens have been found to be doing so merely in order to obtain citizenship in the country.
Two witnesses and the marriage officer must sign the marriage register after the solemnization of a marriage. Please note that you should not hand in any of the original documents to immigration for the purposes of booking your interview. The originals (such as the letter of non-impediment) need to be lodged with your marriage documents when your marriage officer hands in the paperwork after your ceremony and signing.
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