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The process is not complicated, but there are a few key steps you need to follow. You will require your ID, your partners ID number and a preferred date for making an appointment. Then, you will be provided with a slip on your appointment confirmation. Only the couple, two witnesses and only six guests is allowed at the marriage premises. And it is not necessary for the couple to dress up casually or formally.
These requirements have been put into place so as to avoid the possibility of marriages of convenience taking place when it comes to a foreigner marrying a South African citizen. This is issued to couples who are non-South African, one partner is a foreign applicant and couples who plan on leaving the country. The second step you need to do is to register an intention to marry with Home Affairs to obtain a marriage certificate.
Home Affairs Interview Process for Foreign Nationals
You must have made an appointment already at the nearest DHA office and should possess the confirmation receipt. You will require your ID, your partner’s ID number and a preferred date for making an appointment. Migrate With Q can assist you with Immigration Services in South Africa by assisting you in applying for a spousal visa. From my experience, many people have mentioned that basic questions are asked when you are at the interview and nothing to be anxious and nervous about. One thing I should mention is that you are both interviewed separately. If it is not in English then it will need to be officially translated – see note below.
The marriage certificate requires that you have two witnesses and the marriage officer present. Please ensure that you both are legally allowed to marry, both understand the legal consequences of a marriage and your marriage will comply with all the legal requirements of a valid marriage. 3x colour ID photos of groom and bride but needed by the marriage officer to complete marriage register for day of wedding.
Abridged marriage certificate
However, when a South African citizen plans on getting married to a foreigner in South Africa they need to follow through with a different process. The quickest way to get married in South Africa is to go to a Justice of the Peace and apply for a marriage license. There is no waiting period required, so you can get married right away. To get an official estimate for the cost of getting married in court in your specific province, I recommend contacting your local Department of Home Affairs.
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
These questions are intended to establish that the relationship is genuine. They are not onerous and in 3 years we have never had a couple that was refused so you need not worry about this. If a person has dual citizenship for example SA and UK citizenship then that person must enter SA on their SA passport.
Please note that it is common for this process to take up to 8 months or longer before you obtain your unabridged marriage certificate. Following a marriage ceremony, two witnesses and the marriage officer must sign the marriage register. The marriage officer must then issue the parties with a handwritten marriage certificate (BI-27) free of charge. Before a marriage is declared legal in South Africa, couples are required to attend a Home Affairs marriage interview.
Marriages in South Africa are automatically ‘in community of property’, meaning that assets from both partners conjoin. If you plan on marrying out of community of property in South Africa, consult a lawyer beforehand. A lawyer will help draw up a contract designating the division of property; this is called a prenuptial agreement.
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 .
Only marriage officers authorised in terms of Act No. 25 of 1961 to perform marriages may do so. Presently civil marriages are solemnised at offices of the Department of Home Affairs and at churches . The aim of the interview is for the immigration officer to confirm how genuine your relationship is with your partner or in plain simple terms how real is your relationship with your partner. DHA needs to confirm that your relationship is not fake and for purposes of obtaining a spousal visa which leads to permanent residence and eventually to citizenship. There are people out there who are trying to game the system. As a foreigner in South Africa, getting married to a South African citizen means that there are certain processes that you need to follow before you decide to tie the knot with your partner.
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.
We are aware that this uncertainty creates planning challenges but we want to lay it all out for you so that you can make informed decisions about the date of your wedding and the schedule of your trip. The solemnisation and registration of civil marriages, customary marriages and civil unions are managed by the Department of Home Affairs. Civil marriages are governed by the Marriage Act and regulations issued in terms of the Act. South Africa also recognizes customary marriages through the Recognition of Customary Marriages Act, which became effective in November 2000. Civil unions are recognised in terms of the Civil Union Act . Marriages in South Africa are automatically ‘in community of property’, meaning that assets from both partners are joined.
If any of the persons getting married are widowed, the deceased spouse’s death certificate must be furnished. Firstly, both partners are required to attend an interview with an Immigration Officer at least two weeks before the date of the wedding ceremony. This interview can take place at their nearest Department of Home Affairs.
Marriages at Home Affairs or court
Once you have all the documents then you can submit your application. If one partner is a South African citizen and you are planning on staying in South Africa then this certificate will suffice. The abridged certificate is issued to you once you are married. You can request an unabridged certificate from Home Affairs, the South African embassy or the consulate. If you are getting married in South Africa, you must apply for your letter of no impediment before you come to South Africa. These are the requirements to follow when you would like to register the intention to get married.
Importantly, each country has their own equivalent of a letter of non-impediment. For example, a US citizen must make an appointment at the consulate to attest to an affidavit which is stamped by the embassy. The foreign partner should research and determine how their particular country handles letters of non-impediment, and then follow the correct procedure to acquire the document. Letters of non-impediment should also not be older than 3 months, or risk being rejected by home affairs. A certified copy of the foreign partner’s entry stamp or visa into South Africa.
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