PERMANENT RESIDENCE
A Permanent Residence Visa in South Africa allows foreign nationals to live and work in the country indefinitely, without needing to renew their visa. It provides many of the same rights as South African citizens, except for the right to vote and hold certain public offices. Obtaining permanent residence is a significant step for those who wish to make South Africa their long-term home.
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SECTION 26
Residence Based on Economic Contribution
Section 26 of the South African Immigration Act relates to the different categories under which a foreign national can apply for permanent residence based on economic contribution. This section is aimed at individuals who have established a significant economic presence or investment in South Africa and are contributing positively to the country’s economy.
  • Has been a holder of a general work or critical skills work visa for at least five (5) years and have received an offer of permanent employment
  • Has been a spouse of a South African Citizen or permanent resident for at least five (5) years and a good faith spousal relationship exists. Please take note that this permit shall lapse if within the first 2 years after granting of the permit, a good faith spousal relationship no longer exists.
  • Is a minor child under the age of 18 of a South African Citizen or permanent resident.
  • Is a major child (over 18) of a South African Citizen.
Direct Residence Permit (Work-Based):
Eligibility:
Benefits:
Application Requirements:
Individuals who have been working in South Africa on a valid work visa for a continuous period of at least five years.
The applicant must have been employed throughout this period and must provide proof of stable employment and income.
Grants permanent residence, allowing the individual to live and work in South Africa indefinitely.
After obtaining permanent residence, the individual is no longer required to renew their work visa.
  • Proof of continuous residence in South Africa for the required period.
  • Is a major child (over 18) of a South African Citizen.
Permanent Residence on the Basis of Business:
Eligibility:
Benefits:
Application Requirements:
Entrepreneurs and investors who have established a business in South Africa or intend to do so.
The applicant must demonstrate that the business will contribute to the economy, particularly in terms of job creation for South African citizens or permanent residents.
Grants permanent residence, allowing the individual to live and work in South Africa indefinitely.
The applicant’s family members may also be eligible for permanent residence.
  • A detailed business plan.
  • Proof of the financial investment made in the business.
  • Proof that the business will create a certain number of jobs for South African citizens or permanent residents.
  • Registration of the business with the relevant South African authorities.
Permanent Residence on the Basis of Financial Independence:
Eligibility:
Benefits:
Application Requirements:
Individuals who are financially independent and can demonstrate sufficient means to support themselves and their dependents without the need for employment in South Africa.
The applicant must show a minimum net worth or a substantial investment in South Africa.
Grants permanent residence, allowing the individual to live and work in South Africa indefinitely.
The applicant can engage in any economic activity, such as investment or starting a business, without requiring a specific work visa.
  • Proof of net assets, such as bank statements, investment portfolios, or property ownership.
  • A deposit of a specified amount into a South African bank account, as required by the Department of Home Affairs.
  • A declaration of the applicant’s financial independence.
Permanent Residence on the Basis of Retirement:
Eligibility:
Benefits:
Application Requirements:
Retired individuals who can demonstrate a steady income from a pension, retirement annuity, or other sources, allowing them to support themselves in South Africa.
There is a specified minimum monthly income that the applicant must meet.
Grants permanent residence, allowing the individual to live and work in South Africa indefinitely.
The visa holder may also engage in activities such as investment or starting a business, provided they have the necessary endorsements or permits.
  • Proof of income, such as pension statements or annuity contracts.
  • Proof of assets or savings that can be used to support the applicant’s lifestyle in South Africa.
SECTION 27
Residence Based on a broader range of categories
Section 27 of the South African Immigration Act pertains to the various categories under which a foreign national can apply for permanent residence based on specific contributions or attributes that are considered beneficial to the country. Unlike Section 26, which focuses on economic contributions and residency, Section 27 includes a broader range of categories that address different aspects of potential contributions to South African society.
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Critical Skills Permanent Residence Permit (Section 27(a)):
Eligibility:
Benefits:
Application Requirements:
Individuals who possess critical skills or qualifications that are in demand in South Africa. These skills are listed on the Critical Skills List, which is periodically updated by the Department of Home Affairs.
Grants permanent residence, allowing the individual to live and work in South Africa indefinitely.
The applicant’s family members may also be eligible for permanent residence.
  • Proof of qualifications and experience in the critical skill.
  • Proof of registration with a relevant South African professional body, if applicable.
  • A valid critical skills visa and evidence of employment in the critical skill field.
Permanent Residence Based on an Offer of Employment (Section 27(b)):
Eligibility:
Benefits:
Application Requirements:
Individuals who have received a permanent job offer in South Africa, particularly in a position where no suitable South African citizens or permanent residents are available to fill the role.
Grants permanent residence, allowing the individual to live and work in South Africa indefinitely.
The applicant’s family members may also be eligible for permanent residence.
  • A valid work visa and proof of continuous employment for at least five years.
  • A permanent job offer from a South African employer.
  • Confirmation from the Department of Employment and Labour that the position cannot be filled by a South African citizen or permanent resident.
Permanent Residence Based on Business (Section 27(c)):
Eligibility:
Benefits:
Application Requirements:
Entrepreneurs and investors who have established or intend to establish a business in South Africa that will contribute to the economy, particularly in terms of job creation for South African citizens or permanent residents.
Grants permanent residence, allowing the individual to live and work in South Africa indefinitely.
The applicant’s family members may also be eligible for permanent residence.
  • A detailed business plan and proof of the financial investment made in the business.
  • Proof that the business will create a specified number of jobs for South African citizens or permanent residents.
  • Registration of the business with the relevant South African authorities.
Permanent Residence Based on Refugee Status (Section 27(d)):
Eligibility:
Benefits:
Application Requirements:
Individuals who have been recognized as refugees in South Africa and have held refugee status for a minimum period of five years.
The applicant must demonstrate that they have integrated into South African society and that their refugee status is still valid.
Grants permanent residence, allowing the individual to live and work in South Africa indefinitely.
The applicant’s family members may also be eligible for permanent residence.
  • Proof of refugee status and continuous residence in South Africa for at least five years.
  • A letter of recommendation from the Standing Committee for Refugee Affairs confirming that the individual meets the criteria for permanent residence.
  • Original affidavit regarding aliases used for refugee status application by principal applicant or family members (if applicable)