Learn how and where to get a letter of non-impediment in South Africa. Find out about the requirements, documents and steps involved in applying for marriage or for use abroad.
South African citizens who are planning to marry abroad, apply for immigration or complete certain legal procedures may be asked to provide proof that they are not currently married. In South Africa, this document is often referred to as a Letter of Non-Impediment. It is particularly important for South African citizens who are applying for certain types of visas or fulfilling employment requirements in specific countries, such as the Netherlands. It is issued by the Department of Home Affairs (DHA) after conducting thorough checks of marriage records. It includes essential personal information and a formal declaration of single status and may require additional authentication, such as an apostille, for international use.
This comprehensive guide provides an overview of how to obtain a Letter of Non-Impediment in South Africa and prepare it for use abroad. By the end, you will have a clear, step-by-step understanding of the process and the confidence to proceed with certainty.
What is a Letter of Non-Impediment in South Africa?
A Letter of Non-Impediment is a government document issued by the Department of Home Affairs. It certifies that an individual is legally single, divorced or widowed as of the date of issue. Its validity is usually limited to three months from the date of issue, reflecting the short-term nature of marital status verification in South Africa. It is often required for:
- Application for foreign spouse visa
- International marriage procedures
- Legal or administrative processes overseas
Application process
You can apply for these letters of non-impediment yourself, or you can appoint an agent or third-party agency to do so on your behalf. It is recommended that you entrust an agent or third-party agency with handling the application, as they understand the correct procedure and can obtain the letter of non-impediment in a shorter timeframe.
The application process is explained below:
Eligibility Criteria
You can apply for a Letter of Non-Impediment South Africa if you are:
- A South African citizen
- Single
- Divorced (with valid divorce certificate)
- Widowed (with valid death certificate of spouse)
How to Apply for a Letter of Non-Impediment in South Africa?
Step 1: Prepare Required Documents
- Completed DHA-1155 form
Step 2: Visit a Home affairs branch
- Applications can be submitted at any Home Affairs branch or South African embassy abroad.
- Complete the relevant application form. forms (DHA-1155 form or equivalent.
Step 3: Submission and Processing
- Submit documents in person.
- The waiting period is typically three to six months.
Step 4: Certificate Collection
- Once finalised, collect your Letter of Non-Impediment from the same Home Affairs branch.
Guide for Overseas Applicants
If you are not in South Africa, you can apply yourself by following the methods below, which may be a little troublesome:
- Via the embassy: Single applicants should submit their application and supporting documents to the South African embassy in their country of residence. Embassies are usually located in the capital city of the country. Each embassy may have slightly different requirements.
- Mailing: You can also post the required documents to a Home Affairs branch in South Africa. As each embassy has different requirements, and there is a risk of documents being lost in the post, we recommend hiring document concierge services such as Global Apostille, as they can help you obtain a Letter of Non-Impediment more quickly.
- A letter of non-impediment can be obtained through an agency that assists with official documents, often a law firm or a specialized service provider. These agencies act as intermediaries to help you navigate the application process with the relevant government body, such as the Department of Home Affairs in South Africa, which issues the letter confirming you are free to marry
Special Considerations for Remarriage Abroad
If you are planning to marry a foreign partner overseas, your Letter of Non-Impediment may need additional legalisation:
- Certified Translation (into German, French, Portuguese, Spanish etc…)
- Authentication at DIRCO (Ministry of Foreign Affairs)
- Legalization at the respective embassy or consulate of the country where the marriage will take place
Common Challenges and How to Overcome Them
- Delays in Processing
If your marriage plans or visa applications are time-sensitive, apply well in advance. The application process can take up to six months.
- Name Discrepancies
Make sure that the Letter of Non-Impediment issued by the Department of Home Affairs has the correct name and matches your South African ID details. Discrepancies often occur and may result in delays or rejection.
- International Recognition
Not all countries accept the South African Letter of Non-Impediment unconditionally. Contact your destination country’s embassy to find out about any additional requirements.
Frequently Asked Questions (FAQ) letter of non-impediment – South Africa
- Can I get the Letter of Non-Impediment in South Africa online ? Currently, a Letter of Non-Impediment must be applied for and collected from DHA offices. DHA does not issue Letters of Non-Impediment online.
- Can a third party collect my finalised Letter of Non-Impediment ? Yes
- How long is the single status certificate valid? It’s typically valid for 3 months from the date of issue.
- Can I remarry abroad without a Letter of Non-Impediment? Yes, some countries accept an affidavit or sworn statement attesting to one’s marital status. This affidavit may need to be notarised or certified by a legal authority, such as a police station or notary public.
Get Your Letter of Non-Impediment in South Africa with Confidence
If you need to obtain or validate South African documents, such as a letter of non-impediment, outside of South Africa, you will require a South African apostille to ensure their legality. Global Apostille provides full support throughout the entire process. Our team will ensure that your documents are correctly prepared and apostilled, authenticated or legalised for use abroad. We are the fastest service in Johannesburg, Pretoria and Gauteng.
We also offer urgent translation services from English into Spanish, German, French and Portuguese. Avoid costly delays or rejections by letting us handle the paperwork for you.
For more information on our services, please feel free to contact us. Tel: 012 348 3134| Mobile: 081 347 6060 | Email: info@apostillelegalisation.co.za
