Everything you need to know if you are a South African marrying a non-South African

The process required for a South African marrying a non-South African looks complicated, but it is really a case of gathering the right documents and then following the process.

Key Takeaways:

• The South African partner must provide SA ID copy, three ID photos, prior marriage proof, and proof of address.
• The foreign partner must provide passport copy, valid visa, Form DHA-31, three ID photos, prior marriage proof, proof of address, letter of non-impediment with apostille.
• If the foreign partner’s home country does not issue a non-impediment letter (UK and USA), bring a consulate letter and a sworn affidavit instead.
• Book an interview at the Immigration Office where the marriage officer is registered, bring the foreign passport, non-impediment letter, and South African ID.
• The interviewing officer asks questions in order to satisfy themselves that yours is a genuine spousal relationship and not a marriage of convenience
• The interviewing officer provides a summary report of the interview with conclusions and recommendation.

STEP-BY-STEP THROUGH THE PROCESS

1. Collect the documents:

For the South African partner the documents needed are:

• A clear copy of your SA ID (not driver’s license or passport)
• Three ID photos for inclusion in the marriage register
• If you have been previously married, a copy of the relevant divorce decree or death certificate
• Proof of residential address

For the foreign partner the documents needed are:

• A clear certified copy of the main page of your passport
• A certified copy of the visa which permits you to be in South Africa
• A pro-forma affidavit (Form DHA-31) which states the reason for you not having an SA ID document
• Three ID photos for inclusion in the marriage register
• If you have been previously married, a copy of the relevant divorce decree or death certificate
• Proof of residential address
• A letter of non-impediment from your home country stating you are eligible to marry *
• An apostille/ letter of authentication attached to the letter of non-impediment (this is to authenticate that the letter of non-impediment is an authentic government document)

*The United Kingdom and USA do not issue letters of non-impediment, in which case a letter needs to be obtained from the local consulate stating the country does not issue such letters. Instead of the letter of non-impediment the person must provide a sworn affidavit stating there is not reason they may not get married.

For both of you:

• If you are signing an ante-nuptial contract, you will need to provide a letter (protocol) from your attorney stating you have done so.

2. Arrange an interview at an Immigration Office

3. Attend the Interview

Go to the Immigration Office at the Department of Home Affairs (In Durban that is a 350 Umgeni Road, Durban where you will go on any last Tuesday of the month any time in the morning from 08:00am onward) and

Ask to be interviewed.

Present the Passport of the non-South African partner, the Letter of Non-Impediment and the Identity Document of the South African partner.

What happens at the interview?

The official will verify the passport of the foreign national to ensure the person is in the country legally. The marriage officer will get a copy of the verification document to be attached to all the other marriage documents.

The Immigration Officer conducting the interview will ask questions in order to satisfy themselves that yours is a genuine spousal relationship and not a marriage of convenience (“paper marriage”) as a way of foreign nationals to become SA citizens. It is usually a very benign process.

After the interview the official will generate a report which states the interviewing officer’s conclusion on whether your relationship is a genuine spousal relationship and whether your marriage is therefore cleared to be solemnised.

The official might ask you to read through the report and sign it if you agree it is a reasonable reflection of the information you provided in the interview.

Depending on the office where you are interviewed, the Immigration Office will either send the report to the Home Affairs office where the marriage officer submits the marriage registers, or they will hand it directly to the marriage officer in person.

So, in summary:

• Get all the documents listed for you and your partner
• Book an interview if the office in the region used by your Marriage Officer requires you to book.
• Attend the interview
• Present the foreign national’s passport, letter of non-impediment and South African ID and ask to
• And, if the immigration officer is happy that you are a “genuine couple” – GET MARRIED!