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

Posted on by Jonathan

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.

For the South African partner these are the documents needed:

  • 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 these are the documents needed:

  • 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 (DHA-31 – download a copy here) 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.

Interview at the Immigration Office

Once you have gathered all these documents, we need to arrange for you to have an interview at the Immigration Office of the Department of Home Affairs. I use the office at the Umgeni Road branch of Home Affairs (couples have to be interviewed at the Immigration Office in the area in which the Marriage Officer is registered).

The purpose of the interview is for the Immigration Officer 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.

IMPORTANT: In Durban these interviews currently only take place on the last Tuesday of the month. If you live overseas, please be aware of this when planning your arrival in South Africa before your wedding.

To have the interview, go to the Immigration Office at the Department of Home Affairs (350 Umgeni Road, Durban) any time in the morning from 08:00am onward and ask to be interviewed. You will need to present the Passport of the non-South African partner, the Letter of Non-Impediment and the Identity Document of the South African partner.

At the interview they 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.

After the interview they will ask you to read through the report they generate and sign it, and then they will give that to the marriage officer to attach to the other documents.

So, in summary:

  • Get all the documents listed for you and your partner
  • Go to Immigration in Umgeni Road with the Passport, Letter of Non-Impediment and South African ID and ask to be interviewed
  • And if they are all cleared:
  • GET MARRIED!
Category: Uncategorized