Permanent Residency in South Africa
To be able to qualify for permanent residence in South Africa, a foreign national must fall within one of the prescribed categories in terms of Section 26 and Section 27 of the Immigration Act. Permanent Residency grants holder similar rights and privileges enjoyed by South African Citizens such as obtaining a non-resident South African ID.
Section 26
The Immigration Act allows one to apply for direct residence if s/he:
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.
Section 27
The Immigration Act allows one to apply for residency on other grounds if s/he:
Has received an offer for permanent employment and it can be proven by the South African employer that there is/was no suitable South African to fulfil the position. Spouses and children younger than 18 may be included in the application.
- Work references or certificates of service (covering at least the last five years)
- Proof of five years’ continuous refugee status in the Republic
- Original certification from the standing committee for refugee affairs that the applicant will remain a refugee indefinitely
- Original affidavit regarding aliases used for refugee status application by principal applicant or family members (if applicable)
Can demonstrate that s/he possess a critical skill in terms of the Critical Skills List. Spouses and children younger than 18 may be included in the application.
Is a holder of a business visa and can, inter-alia, show proof of investment of R5million and employment of South Africans.
Has the prescribed minimum net worth of R12 million and be willing to pay the Department of Home Affairs’ R120,000 application fee.
A relative of a South African Citizen or permanent residence and holder of a valid temporary residency relative’s visa. This applies only to first-degree kinships (parent or the child) of a South African citizen or permanent resident of South Africa.
What are the requirements for Permanent Residence in South Africa?
Each permanent residency category has its own prescribed requirements, however those that fall on the general spectrum include:
Original Medical Certificate completed by a registered General Practitioner (GP)
Certified copy of valid visa for South Africa
Original Police Clearance Certificates from each country one has lived in no longer than 12 months in the past 5 years from date of application
Certified copy of unabridged birth certificate
Permanent contract of employment (when applying under work)
How to apply for Permanent Residence in South Africa
An application for permanent residency is applied at the nearest Visa Facilitation Center (VFS) of which the application is sent to the Department of Home Affairs for adjudication. Certain categories, especially those under Section 26, may be applied for from one’s home country or country of residence.
How long does it take to get Permanent Residence for South Africa?
The processing time for permanent residency applications in South Africa is between 8 – 24 months, and in some cases longer. Applications submitted from abroad have a significant increase in processing time as the application gets sent via diplomatic post.
Proof of Permanent Residence For South Africa
One may apply for proof of permanent residence from within South Africa at the VFS, or from the High Commission/Consulate/Embassy abroad. This is applied for when one has lost their permanent residency certificate and requires proof of same.
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Frequently Asked Questions
What is the current permanent residency processing time?
Permanent residency applications are taking between 8 – 48 months to be processed as it is dependent on category. For example, permanent residency applications under work or business that may contribute to South African economy may be processed quicker, where other categories such as spousal or relatives, may take a bit longer to be processed.
What do you do if you have lost your permanent residency certificate for South Africa?
If you have lost your permanent residency certificate, you will need to apply for ‘Proof of Permanent Residency’, where you will be issued with a verification letter confirming your permanent residency status and that will be used in place of the initial certificate.
Do I still need to maintain my temporary residency status after receiving permanent residency?
No, once you have received your permanent residency certificate, it will supersede your temporary residency status and the permanent residency becomes your main status.
Am I allowed to switch jobs when receiving permanent residency?
Yes, as a permanent residency holder, you are free to change employers or start your own business without having to comply with the typical requirements for the respective application types.
What are the tax implications when I apply for permanent residency?
When securing permanent residency, you may be required to declare your worldwide income to SARS. We are not experts in this area and recommend you contact your tax consultant/professional hereon.