General Information About Permanent Residency
Applications for permanent residence in South Africa are considered in terms of Section 26 (Direct Residence and Section 27 (Residence on-Other-Grounds) of the Immigration Act 2002 (Act No 13 of 2002) and read with Regulation 33 of the Immigration Regulations. In terms of granting Permanent Residence, emphasis is placed on immigrants who are able to make a meaningful contribution to broadening the economic base of South Africa.
However, in a case where an immigrant may be considered a prohibited person in terms of section 29 of the Immigration Act or may be deemed to be an undesirable person in terms of section 30 of the Immigration Act and he/she wishes to apply for Permanent Residence, he/she must begin by filing a representation to the Minister of Home Affairs. The representation process is conducted through the Law Enforcement Section, where he/she provides reasons (motivation) why he/she should not be declared as a prohibited or undesirable person.
It is only after the Minister of Home Affairs has declared a prospective immigrant not to be a prohibited/undesirable person, that an application for permanent residence status can be submitted. Once an immigrant has received a positive response from the Minister of Home Affairs, he/she may apply for either Direct Residence or a Residence on-Other-Grounds.
Permanent Residence (Direct residence) in terms of section 26 of the Immigration Act.
These categories of permanent residence apply to a foreigner who:
- has been the holder of a work visa for five years and has proven to the satisfaction of the Director-General that he or she has received an offer for permanent employment. (Section 26(a) (Regulation 23(5).
- has been the spouse of a citizen or permanent resident for five years and the Director-General is satisfied that a good faith spousal relationship exists. Section 26(b) (Regulation 23(6).
- is a child under the age of 18 of a citizen or permanent resident. Section 26(c) Dependant Regulation 23(7)
- is a child of a citizen. Section 26(d) Regulation 23 (7).
- To apply for a direct residency permit you need to complete Form BI-947.
Permanent Residence (Residence on-other-grounds) in terms section 27 of the Immigration Act.
These categories of permanent residence apply to a foreigner who:
- is in possession of a permanent work offer in South Africa, Section 27(a) -Regulation 24(1 and 2) or
- has critical skills and qualifications. Section 27(b) Regulation 24(3).
- intend to establish or has a business in South Africa. Section 27(c) Regulation 24(4).
- qualify as Refugees in terms of Section 27(c) of the Refugees Act 130 of 1998. Section 27(d) Regulation 24(10).
- qualify as retired person. Section 27(e) Regulation 24(11).
- is financially independent. Section 27(f) Regulation 24(12).
- is a relative (biologically or judicially adopted) of a South African citizen/permanent residence permit holder. Section 27(g) Immigration Act as amended.
In addition to completing and submitting Form BI-947, the applicant must also provide the following documentation:
- the applicable application fee.
- a copy of a birth certificate in respect of the applicant.
- biometrics in respect of any applicant over the age of 16 years.
- a yellow fever vaccination certificate if that person travelled or intends travelling from or transits through a yellow fever endemic area: Provided that the certificate shall not be required where that person travelled or intends travelling in direct transit through such area or where an application is made in the Republic.
- a police clearance certificate. A police clearance certificate shall only be required from the police or security authorities in each country were the applicant, after attaining the age of 18 years, has resided for 12 months or longer during the 5 years immediately preceding the date of application.
- medical report by a registered medical practitioner regarding the applicant’s general state of health, detailing any medical condition he or she suffers from, which report shall not be older than 6 months at the time of its submission.
- the documents relating to the applicant’s marital status or spousal relationship such as a marriage certificate or notarial agreement.
- a deed poll in the case of an applicant who has changed his or her name, surname or sex.
- where the application is made in the Republic, a valid passport and visa for temporary sojourn at the time of application, in respect of each applicant.
NB: The documents from (a-i) shall be original or copies apostilled by the issuing authority of the country of origin and, were applicable, translated into one of the official languages of the Republic, which translation shall be certified as a correct translation by a sworn translator.
An application made in a foreign country shall be submitted to—the mission of the Republic in the foreign country of the applicant’s usual residence, which includes country of origin, permanent residence or long-term temporary residence, where the applicant holds a valid passport.
Additional documents apply to the different immigration categories, and these are listed in the permanent residence application Form BI-947.
PERMITS FUNCTIONAL SERVICES
Waiver of prescribed requirements
A waiver is an official document which is submitted with an application for a temporary residence visa or permanent residence permit in lieu of (a) prescribed requirement(s). An application contemplated in section 31(2)(c) of the Immigration Act shall be made to the Minister on form 48 supported by reasons for the application.
Exemptions
Exemption is issued in terms of section 31(2)(b)(i) & (ii) of the Immigration Act, upon application, the Minister may under terms and conditions determined by him or her grant a foreigner or a category of foreigners the rights of permanent residence for a specified or unspecified period when special circumstances exist which would justify such a decision: Provided that the Minister may exclude one or more identified foreigners from such categories; and for good cause, withdraw such rights from a foreigner or a category of foreigners. An application contemplated in section 31(2)(b) of the Act shall be made to the Minister on form 47 illustrated in Annexure A, supported by reasons for the application.
Proof of Permanent Residence /Exemption
Proof of Permanent Residence /Exemption is an official document issued to the applicant with the proof of his/her current residential status in the Republic of South Africa. An application for proof of permanent residence status or exemption status shall be made on Form 46.
Verification of Permanent Residence /Exemption
This is an official request to verify an existing permit for the purpose of applying for identity document, citizenship or third parties. An application for verification of Permanent Residence/Exemption is processed when an applicant wishes to apply for an identity book, citizenship or an organization wishes to verify the authenticity of the permit. The request of the verification of Permanent Residence permit for the process of Green Barcoded Identity book application can be conducted at front offices of the Department of Home Affairs. These requests can be sent via the regional office nearest to the applicant. A form must be completed with a formal request that outlines why the verification is needed and a copy of the permit is also attached.
Withdrawal of permanent residence
The Director-General of the Department of Home Affairs can withdraw a permanent residence if the permanent residence permit holder is convicted of any of the offences listed in Schedules 1 and 2; or is convicted of any of the offences in terms of the Immigration Act; or has failed to comply with the terms and conditions of his or her permit; or has been absent from the Republic for more than 3 (three) years. He/she can also withdraw a permanent residence if the permanent residence permit holder has not taken up residence in the Republic within 1 (one) year of the issuance of such permit.