The inquiry about becoming a citizen and the benefits of marrying in South Africa as a foreigner has been unanswered for years. Here’s everything we know.
In the kaleidoscope of modern love stories, the rise of multicultural marriages has become a captivating narrative, transcending geographical boundaries and celebrating the fusion of diverse backgrounds.
Against this backdrop, South Africa emerges as a beacon for couples seeking a wedding destination that mirrors the rich tapestry of their union. The allure of saying “I do” in the Rainbow Nation goes beyond its breathtaking landscapes; it encapsulates a cultural melting pot where love knows no borders. The prospect of matrimony takes on a special allure for foreigners.
In this article, JanaTribe will go in-depth into the legal intricacies of cultural considerations and the possibility of calling South Africa home by becoming a citizen, as well as the requirements and everything one needs to know as a foreigner thinking of getting married in SA, the Rainbow Nation.
What are weddings in South Africa like?
With its varied landscapes and lively cultural diversity, South Africa stands out as a destination unmatched for weddings. The backdrop of the nation is extraordinary, ranging from the golden beaches along the coast to the gorgeous highlands and savannahs. Couples can exchange vows in a variety of historical and modern settings here beneath the African sun, weaving a tapestry of memories that are entwined with the rich cultural legacy of the country.
South African traditional weddings, like those in other African nations, mostly rely on customs and rituals. These traditions are deeply ingrained in the local culture and have been passed down through the generations. Once you understand why these customs have been followed by families and couples for hundreds of years, it becomes much easier to understand and honor them.
South Africa is a cultural melting pot where each group has managed to hold onto its unique customs and ways of life. The rites and celebrations surrounding weddings throughout the country are a magnificent reflection of this diversity. South African weddings are a wonderful fusion of traditional traditions and contemporary festivities, whether it is through the exuberant dances, the lavish costumes, or the poignant ceremonies.
South African weddings feature a lot of joyful celebrating, which expert Dustin Sitar, CEO of The Groom Club says can include everything from exchanges of Zulu beaded rings, a practice that originated with the Zulu people and symbolizes the commitment of two families to come together, to specialized dances.
These traditions have carried on over the years in the hopes that they will help the two families merge into a stronger family unit while keeping bad luck and evil forces at bay.
If you’re planning a wedding and want to honor your South African heritage—or if you’ve been invited to a South African wedding and want to find out what you can expect—you might have questions about some of these traditions and how you can best honor them. In our previous articles, we delved deep into all the traditions. Click here to read more.
Foreigners marrying South Africa
There have been several marriages that have taken place in South Africa, a welcoming nation for both foreign and local ceremonies.
Yes, you can marry a South African or even hold your wedding in SA, even though you’re not a citizen.
While there have been millions of registered marriages between South African citizens living in the country, a lot of others have ensued between a South African and a fellow living outside the country. Also, there have been several marriages between a local and a foreigner, with either the groom or bride being an international citizen. More often than not, both are international partners who choose the rainbow nation to hold their wedding.
The majority of foreigners who marry in different countries might have that country as their dream vacation nation or have read or heard of its beautiful backdrops and natural locations that attract tourists.
When two South Africans intend on getting married to one another, they first have to provide evidence that they are legally allowed to get married.
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 Marriage Act of 1961 and the Civil Union Act of 2006 state that marriage is a legally binding contract in South Africa.
When the foreign partner gets to South Africa, they need to have a valid status, like a visit visa, for instance, which allows them to stay for thirty or ninety days with the option to extend. These visa-exempt countries for South Africa do not require a visit visa for South Africa.
If the foreign partner decides to stay in South Africa alongside their newlywed spouse, then they would have to apply for a Spousal Visa.
If you do not qualify for the visa, then you can read about the different South African visa types.
The Legal Landscape
Understanding the Marriage Act of 1961
At the heart of marriage for foreigners in South Africa lies the Marriage Act of 1961. This legislation governs the procedures for solemnizing and registering marriages within the country.
Whether you’re a foreigner marrying another foreigner, a South African citizen, or a combination of both, adherence to this act is pivotal.
It lays the groundwork for the legal recognition of the union and the issuance of a marriage certificate.
Requirements for Foreigners
Before getting married as a local South African, you first need to think about and do the following:
- Check that you are legally allowed to get married
- Understand that marriage is automatically entered into a community of property. You need to have an ante-nuptial before the wedding.
- Ensure that your wedding complies with all the laws for it to be valid.
The legal requirements for foreigners intending to marry in South Africa are relatively straightforward. A Notice of Intention to Marry must be submitted to the Department of Home Affairs at least three months before the wedding. It’s smarter to do it earlier, as sometimes there could be delays or they could have many requests then.
The required documentation is:
- Identity documents (Both Partners)
- Passports of the foreign applicant and South African citizen
- Duly completed BI-311 form (This form declares that you are allowed to get married)
- Letter of No Impediment
- If getting married to a minor (Consent from a parent, legal guardian, or court) or Form 32, boys under the age of 18 and girls under the age of 15 require consent from the Minister of Home Affairs.
- Divorce decree if one of the applicants has been married before.
- Death certificate in respect of your late spouse.
- Passport-sized photos for both applicants.
- Proof of a temporary residence permit/visa for the foreign applicant.
Finally, you will need the engagement of a registered marriage officer, which is an integral component.
These steps ensure that the union is recognized and documented within the legal framework.
You need a Letter of No Impediment
The Letter of No Impediment is a document attesting that there are no legal hindrances to the impending marriage. Simply, it provides information indicating your status if you are not married.
In some countries, it is referred to as a single status letter.
It is an official government document and often a requirement for foreigners planning to marry in South Africa.
Obtained from the embassy or consulate of the foreigner’s home country, this letter is an essential part of the documentation process, reinforcing the legal validity of the union.
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.
You must apply for your letter of no impediment before you come to South Africa, because it can take a while before you receive it.
The United Kingdom does not issue these, and you would need to have an affidavit drawn up or notarized and then stamped by your embassy or consulate.
The Journey to Citizenship
Potential Pathways to Citizenship
While marriage in South Africa does not automatically confer citizenship upon a foreign spouse, it opens doors to potential immigration pathways. Foreign spouses can apply for permanent residency through spousal or life partner visas. This significant step, once granted, sets the stage for potential citizenship. However, the acquisition of citizenship involves a more extended process, necessitating years of legal residence and adherence to specific criteria set by the Department of Home Affairs.
Embracing South Africa’s Rich Cultural Tapestry
Beyond the legalities, couples are encouraged to embrace the rich cultural tapestry of South Africa. The country’s diverse population brings a mosaic of traditions and customs, and incorporating these elements into the wedding ceremony adds a unique and meaningful touch to the celebration.
Online Application and Documentation
The Department of Home Affairs facilitates a streamlined process for couples in the digital age. The online submission of the Notice of Intention to Marry expedites the application process, reducing the need for physical visits to Home Affairs offices. Alongside the online application, couples must ensure accurate submission of required documents, including the Letter of No Impediment.
Special Scenarios
Marriage Between a Foreigner and a South African Citizen
What if a foreigner marries a South African citizen? When a foreigner decides to join their life with a South African citizen, the legal procedures remain consistent with those outlined by the Marriage Act of 1961.
The foreign partner needs to submit the necessary documentation, including a valid passport, proof of marital status, and other requisite details to receive a marriage certificate. This document issued upon successful registration is a crucial legal record that not only solidifies the marital bond but also holds significance for immigration matters, as it is often required for spousal visas and related applications.
What happens if a South African marries a foreigner? A foreigner who adhered to the Marriage Act of 1961 and complied with the requirements set by the Department of Home Affairs to tie the knot has a lot of benefits. A marriage certificate issued in such unions holds the same legal validity as those involving two South African citizens. It is a testament to the commitment of the couple and is recognized not only within the borders of South Africa but internationally as well. The couple can apply for a Spousal Visa to stay in South Africa alongside their newly wedded spouse.
Marriage Between Two Foreigners
Can two foreigners get married in South Africa? Absolutely. South Africa embraces the diversity of unions, and two foreigners can indeed enter into marriage within the country’s borders.
The processes for marriage in this scenario remain consistent with the legal requirements outlined in the Marriage Act of 1961.
The methodology entails submitting a Notice of Intention to Marry, providing proof of identity and marital status, and securing the services of a registered marriage officer. The resulting marriage certificate is a valid legal document, recognized internationally, and serves as tangible proof of the union between the two individuals.
The resulting marriage certificate is internationally recognized, providing tangible proof of the couple’s commitment to each other.
Marriage Certificate Acquisition For Foreigner SA Couples
Can foreigners get a marriage certificate in South Africa? The resounding answer is yes. South Africa, known for its warm hospitality and inclusivity, allows foreigners to enter into legal marriages within its borders. The process involves adhering to the stipulations of the Marriage Act of 1961, legislation that governs the solemnization and registration of marriages in the country. Foreigners wishing to tie the knot must follow the standard procedures, including submitting a Notice of Intention to Marry, providing proof of identity, and securing the services of a registered marriage officer. Upon successful completion of these steps, couples, irrespective of their nationality, receive a valid marriage certificate recognized under South African law.
Duration for Becoming a South African Citizen after a Foreigner Marries a Local
How long does it take for a foreigner to become a South African citizen after marriage? It’s crucial to differentiate between the processes of marriage registration and citizenship acquisition. Marriage registration, culminating in the issuance of a marriage certificate, is a relatively straightforward process that typically concludes within a few weeks after the submission of the Notice of Intention to Marry. However, becoming a South African citizen involves a separate and more complex set of procedures.
The timeframe for a foreigner to attain South African citizenship after marriage is contingent on various factors, including the specific immigration route chosen. Generally, a foreign spouse can apply for permanent residency through spousal or life partner visas. Once granted, permanent residency is a significant step toward potential citizenship. However, the process of acquiring citizenship requires additional years of legal residence and compliance with specific criteria set by the Department of Home Affairs.
Frequently Asked Questions
Q1: Do you get citizenship if you marry a South African citizen?
A1: No, marriage to a South African citizen does not automatically grant citizenship. However, it can open pathways for permanent residency, which is a crucial step towards potential citizenship.
Q2: Do you need a visa to get married in South Africa?
A2: Yes, foreigners intending to get married in South Africa need a valid visa. This can include a visitor’s visa, spousal visa, or any other appropriate visa category depending on the individual’s circumstances.
Q3: Do you need a birth certificate to get married in South Africa?
A3: Yes, a valid birth certificate is generally required for the marriage registration process in South Africa. It is part of the necessary documentation submitted to the Department of Home Affairs.
Q4: How to get permanent residency in South Africa through marriage?
A4: Foreigners can apply for permanent residency in South Africa through marriage by obtaining a spousal or life partner visa. Once granted, permanent residency serves as a significant step toward potential citizenship.
Q5: Can I stay in South Africa if I marry a South African?
A5: Yes, marrying a South African citizen allows for the possibility of obtaining a spousal visa, enabling the foreign spouse to legally reside in South Africa. This visa is subject to certain conditions and requirements set by the Department of Home Affairs.
Conclusion
Embarking on the journey of marriage in South Africa as a foreigner is a captivating venture encompassing love, legalities, and cultural richness. The guide provided here seeks to demystify the process, offering clarity on legal requirements, potential pathways to citizenship, and the cultural nuances that make each union unique.
As couples tread this path, the marriage certificate becomes more than a legal document; it becomes a tangible testament to the union forged against the backdrop of South Africa’s diverse landscape.
For those venturing into the realm of matrimony in South Africa as foreigners, this journey is not just about legalities; it’s an exploration of love that transcends borders and finds a home in the warm embrace of the Rainbow Nation. As the legal processes unfold, the cultural experiences enrich, and the possibility of calling South Africa home beckons, each step becomes a chapter in a love story written against the captivating backdrop of a nation that welcomes hearts from around the world.
