Permanent residence is granted to a foreigner who is able to meet the criteria set out in section 26 and 27 of the Immigration Act and Regulations 22 and 23 respectively. Craig Smith & Associates, the preferred immigration lawyers, based in Cape Town, South Africa, can advise you further on these criteria, if required.
We are prominent immigration lawyers and are the authority in matters relating to immigration to South Africa and permanent residence.
Section 26 of the Immigration Act and Regulation 22 in South Africa sets out the following grounds for direct residence to a foreigner who is seeking long term residency and who:
- has been the holder of a work permit, including one issued under a corporate permit for 5 years and has received an offer of permanent employment
- has been the spouse (person who is a party to a good faith spousal relationship of marriage or permanent heterosexual or same-sex relationship) of a citizen or permanent resident for 5 years in South Africa
- is a child under the age of 21 of a citizen or permanent resident
- is a child of a citizen
Section 27 of the Immigration Act and Regulation 23 in South Africa sets out the following other grounds for long term residency or permanent residence to a foreigner who:
- has received an offer of permanent employment in South Africa with a view to long term residency, satisfied that no suitably qualified citizen or permanent residence was able to fill it, and the application falls within the yearly limits of categories of prescribed quotas in industry, trade and commerce
- demonstrates that he or she possesses extraordinary skills or qualifications
- intends to establish or invest in an own business or an existing business an amount of R2,5 million as part of the intended book value of the business which may be waived or reduced in certain instances
- is a refugee and referred to in terms of section 27(c) of the Refugees Act and is able to provide the necessary certification by the Standing Committee that he or she will remain a refugee indefinitely
- intends to retire in South Africa and is able to prove that the financial consideration of R20 000 per month per person per month either by way of a direct annuity income or via a combination of assets will realise R20 000 per month for the rest of his or her life per applicant
- is able to prove to the Director-General in South Africa that he or she has a minimum net worth of R7,5 million and has paid an amount of R75 000 to such official and is thus financially
- is the relative of a citizen or permanent resident within the first step of kinship and able and willing to support and maintain such applicant with regards to immigration to South Africa
Permanent residence does require additional requirements like fingerprints, birth certificates and personal attendances or interviews, where required. Moreover the internal protocols require that all permanent residence applications and/or immigration to South Africa matters are adjudicated at regional office level in Pretoria.
This invariably leads to greater processing lead times than normal temporary residence permits and hence precise and strategic planning by professional immigration lawyers is required to achieve permanent residence with the least inconvenience in relocation and other logistical planning matters.
Permanent residence will allow the holder to become a naturalised citizen in accordance with a well prepared South African citizenship application under the South African Citizenship Act and such status attaches many privileges and benefits over long term residency.
As professional immigration lawyers we would like you to note that permanent residence may also be withdrawn in certain circumstances in the process of immigration to South Africa.
Should you require it, we at Craig Smith & Associates can process your application for permanent residence for you. Click here for more information.