n HR Future - Spousal visa update - immigration law

Volume 2019 Number 8
  • ISSN : 1608-8506


Constitutional Court Judgement in the matter of Nandutu and others vs Minister of Home Affairs has clarified certain issues surrounding Spousal Visa Applications from inside the country The Dawood Judgment in the Constitutional Court some years back levelled the playing fields somewhat by defining the rights of the foreign national spouse and/or children, the rights to family unity as embodied in the Constitution and the hardships which would be suffered by the South African partner to a marriage or spousal relationship who has to remain behind whilst their foreign national spouse has to return to the country of prior residence and apply from outside the country and await the outcome in that country.

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