WC High Court judgement on spousal visa could affect SA’s new immigration laws

Last week, the Western Cape High Court handed a precedent-setting judgement that could see foreigners who are living in the country with South African partners being given spousal visas without having to return to their home countries to apply for the documents.

The court ordered that Zimbabwean Lea Stewart, 40, whose husband and four sons live in Cape Town, be granted a spousal visa in South Africa without her returning to Zimbabwe to apply and wait for a visa.

CapeTalk’s Mike Wills (standing in for John Maytham) spoke to Craig Smith, Immigration Lawyer about the significant of this judgement.

It is one of the most significant attacks from the prevailing immigration laws …

Craig Smith, Immigration Lawyer

Listen to the full conversation on the John Maytham Show:

This judgement in essence erodes away that obligation with regards to visitors coming in and applying for a spousal visa under the visitors section

Craig Smith, Immigration Lawyer

The judgement was passed down last Friday but it is up to the Department of Home Affairs to appeal that decision …

Craig Smith, Immigration Lawyer

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