TEMPORARY RESIDENCE & PERMANENT RESIDENCE TEMPORARY RESIDENCE: Visitor's Permit This permit is issued to foreigners who wish to enter the country for the intention of the following bona fide issues. Holiday and short business activities: Such a permit cannot exceed 3 months and may upon timely application, be renewed for another 3 months only; Research; Voluntary or charitable activities; Academic sabbaticals: Such permit is issued for the purpose and duration of the stay but cannot exceed 3 years and may upon timely application, be renewed; or Any other prescribed activities and cases: As per the current legislation The holder of a permit in this category may not work, as defined in the Act, whilst in the Republic. Study Permit A study permit is issued to a foreigner who intends to study in a South African educational institution for a period exceeding 3 months. Minors should have the consent of the parents to take-up study in South Africa. Such permit is issued in terms of the purpose of study. Therefore, it cannot exceed a period of either 2 or 3 years. Such permit may upon timely application, be renewed or changed Business Permit This application will appeal to foreigners who aspire to create a new and / or invest in a business venture in South Africa. This ultimately means that such foreigner would be employed by such business and has specific requirements that must be complied with. This permit is issued for a maximum period of 2 years and is extendable Medical Permit This permit will be issued to a foreigner who intends to receive medical attention in the Republic of South Africa, for a period of 3 months or more, but a maximum of six months. This permit does not entitle the holder to work. Relative Permit This permit applies to a foreigner who is a member of the immediate family of a South African citizen or resident. This permit can only be issued if that citizen or resident provides a mandate ensuring financial responsibility for the applicant during the period of stay. Such permit has a validity of 2 years and is extendable for a further period. Please note that an applicant may not take up employment under this permit Work Permit • Quota Work Permit This permit is issued to a foreigner and prospective employee, who fall in a quota category, as defined by the Minister and set out every year, by way of notice in the national Government Gazette. However, this category is currently not available as the Minister has yet to issue the quotas. • General Work Permit Such a work permit MAY be issued to a foreigner who proposes to take up employment in South Africa. It is essential to understand that persons, who do not have a higher qualification and / or a huge amount of skills or expertise, would be more difficult to place in this category. This category has various and some complex requirements. This permit is normally valid for a period of three years and can be renewed thereafter. • Inter Company Transfer Permit Such a work permit is issued to a foreigner who is transferred from either the mother company, or any subsidiary thereof, to take up employment in South Africa. It is essential to understand that this permit is currently seen as a period / purpose permit. The period of validity is for a maximum of 2 years and the purpose to deal with the task on hand in that period. This permit is not renewable on expiry. Retired Persons Permit - Temporary A foreigner who wishes to retire in South Africa for a period exceeding 3 months may make an application under this permit, provided that he / she receives a monthly income from their pension fund, or other defined sources, of approximately ZAR 20 000-00. This permit will be issued for a period of not more than 4 years, after which an application may be made for its renewal. Corporate Permit Under this permit, a corporate entity may employ a number of foreigners to conduct work for such corporate applicant. This work is not restricted to a specific field, complies with seasonal workers, and should be well motivated. The number of foreigners to be employed shall thereafter be determined after consultation by the prospective Corporate Employer, and the Departments of Labour and Trade and Industry. |
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PERMANENT RESIDENCE: According to the current Immigration Act, there are many ways to obtain permanent residency in South Africa. Such residency is divided into two categories i.e. “Direct or Indirect Residence” Under these “definitions”, one can obtain residence in the following categories: |
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“Direct Residence”: • Work • Relatives |
“Indirect Residence” or “Other Grounds”: • Work • Skills • Business • Refugee • Retirement • * Financial Independent • Relative |
* Financial Independent : Residency in this category can be obtained by virtue of proving a net worth of ZAR 7.5 million and then “donating” ZAR 75 000.00 to the South African government. Please note that such residence will prevent you from being actively involved in working or any business activity. Approval or exemption from this can be obtained in writing.
New Legislation : As of 1 July 2005, the Act stipulates that a person(s) either married or in a life partnership, must be together for a period of 5 years before an application for residence can be made. This step was taken in accordance with world trends and to eradicate the so-called “easy to obtain” residence status. Applications in this category take approximately 12 to 18 months to finalize. This delay is purely due to the tremendous backlog within the Department, as well as the new legislation that determines that applications can only be finalized in Pretoria. |