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Calvin Kier
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Spousal Visa Purgatory

08 July 2014, 07:27
When I came to South Africa in 2011 I was just planning on a short visit, but life changed for me when I met my wife Liane. We met in January 2012 and got married in March this year. Things are moving along great. We are building a new house outside of town and we have a baby due in December. Life couldn't be more perfect! 
Except one thing. The law states that I must have a Spousal visa to reside in South Africa. I applied for my Spousal visa 30 days before my visitor visa expired at the beginning of May. I still have not received my Visa after more then 2 months waiting. 
My wife and I are planning to go back to the United States to visit family and attend a life long friends wedding in September, but if we leave I will most likely be turned around at customs and sent home due to new legislation from South African Home Affairs. This means I would not be able to see my wife or unborn child for 5 years unless they move to the US. This seems pretty ridicules does't it. 
Well....This is my reality. I cannot leave South Africa without fear of being torn away from my pregnant wife an thrown on a one way trip back to The US. I can't even just go back to my home country to see my brothers, sister, parents or friends. I can't leave South Africa to work. 
How must I support my family?
The fact that my visa has been expired for more than 30 days means that if I leave and try to re-enter South African boarders I will most likely be branded undesirable and banned from entering the country of South Africa for 5 years. 
This must be against the constitution. My wife surely has the right to marry a foreigner and stay in her home country if she wishes. Don't people have more rights than this in South Africa? Don't the people of this country have a say here?
I grew up seeing Nelson Mandela fighting for equality and freedom in South Africa. This doesn't look like equality and freedom to me. I don't think he would have approved of this.  
I hope we can get this law overturned otherwise my new family has a very bleak future.

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