What are the different types of residence permits available in South Africa?

Source: Claire van den Heever – Africacheck, 05/09/2016

The requirements for entering South Africa differ from country to
country and, as many parents coming into the country recently
discovered, are subject to change from time to time. Passport holders
from around 130 countries are currently exempt from requiring a visa
for travel and business purposes, for periods of between 30 and 90
days. For non-residents (and their relatives or dependents) wishing to
stay longer, or who intend to work, study, retire or receive medical
treatment in South Africa, and for refugees seeking asylum, separate
permits must be applied for.


Temporary Residence Visas & Permanent Residence Permits
Aside from visitors` and transit visas, the Department of Home Affairs
offers eight categories of temporary residence visas (TRVs), which
cover applications ranging from business, study, work (there are
several sub-categories), medical treatment, retirees, and permits for
direct family relatives of applicants. Faith Munyati, an attorney at
Lawyers for Human Rights` (LHR) Refugee and Migrant Rights Programme,
says that holders of relatives` visas cannot work or study in South
Africa, unless they apply for their own separate visas.


Foreign-born spouses or life partners (this includes same-sex
partnerships) of South African citizens or permanent residents can
apply for a "spousal" support visa if they do not qualify for a visa
in their own right.


Refugees who have applied for asylum protection are required to follow
a slightly different application process but may also apply for
permanent residency if their refugee status is recognised. Asylum
seekers are permitted to work and study in South Africa while their
application is being evaluated or being adjudicated.


The Zimbabwe Special Dispensation Permit (ZSP) and Lesotho Special
Permit (LSP) have recently been introduced for citizens of those
respective countries.


Work Visas & Special Permits
South Africa has four different categories of work visas: a general
work visa; a critical skills visa (which combines the older categories
of `exceptional skills` and `quota` work visas); intra-company
transfer visas, where for example an employee of a multi-national
company is transferred to work in South Africa; and corporate visas.



Manson Gwanyanya, a legal researcher on migration policy at the Legal
Resources Centre, says obtaining an individual work permit is "very
difficult in South Africa, unless you have some critical skills."
The critical skills visa is issued in accordance with a regularly
updated list of skills deemed critical for the country, determined by
the minister of home affairs – the list ranges from sheep shearers to
quantity surveyors, IT specialists, engineers, and even scientists
studying cosmology and astronomy (thanks to the SKA project) – and
requires applicants to prove their qualifications, professional
experience, and registration with relevant professional bodies. This
type of visa is valid for up to five years and may be renewed.


"The other route would be what we call a general work permit," says
Gwanyanya. "It`s also a very long process which requires that you have
a letter of employment beforehand, and an employer must go through the
Department of Labour and show that they couldn`t employ a South
African citizen."


General work permits are also valid for up to five years, and can be
renewed.


While the critical skills and general work visas are for individuals,
the intra-company transfer and corporate visas look to address
companies` operational needs. For intra-company transfers there is no
need to prove that a South African citizen or permanent resident
couldn`t be employed. In the case of corporate visas, however,
employers must fulfil several requirements including demonstrating the
need for foreign workers and proof that at least 60% of staff are
permanently employed South African citizens or permanent
residents.

These companies must also ensure that their
[non-resident] employees leave the country on completion of their
duties (i.e. they cannot apply for permanent residency on the basis of
these visas).


Foreign citizens who wish to work at a business they intend to
establish or invest in need to apply for a business visa, which
usually requires a capital investment of at least R5-million, a letter
of recommendation from the Department of Trade and Industry, and
guarantees that the business will employ at least 60% South African
citizens or permanent residents.


The Zimbabwean Special Dispensation Permit (ZSP) was announced in
August 2014 and launched in January 2015, replacing the older
Dispensations of Zimbabweans Project (DZP) permits. The ZSPs were
introduced in order to address the large number of Zimbabweans working
and living in South Africa without the correct documentation.


They are valid for up to three years and will expire at the end of
2017, after which all Zimbabweans will be required to apply for
regular study, work or other permits or visas.


The only other special permit available to citizens from SADC
countries is the Lesotho Special Permit (LSP), also introduced in
response to incorrect or fraudulent documents. Lesotho nationals who
have been working, studying or doing business in South Africa without
the correct permits since before 30 September 2015 are eligible.


Applications for the LSP were recently extended from 30 June
2016 to 30 September 2016.


Permanent Residency
People who wish to legally remain in South Africa beyond their TRV`s
validity period – or in a different capacity – must apply for a
permanent residence permit (PRP).
"A residence permit is a document which will allow a foreign national
to stay in the country permanently. Upon receiving it, you can apply
for a South African green ID book," says Bernard Toyambi, director of
People Against Suffering, Oppression and Poverty (PASSOP).


Permanent residence applications are usually informed by the type of
TRV that was held, and are processed in terms of the Immigration Act
of 2002. There are 13 PRP categories, including for workers, business
owners, dependents and relatives, retirees, and refugees.


Direct residence permits apply to "foreigners who have been residing
in South Africa on the basis of their work permits for a minimum
period of five years, their spouses and also to dependents of South
African citizens/permanent residence permit holders".


If you have a permanent work offer, "exceptional skills and
qualifications", intend to establish a business, are financially
independent, are a relative of a South African citizen or PRP holder,
are retired, or you qualify as a refugee, you may be eligible for a
residency-on-other-grounds permit.


Immigration consultant Rod Maxwell says that, despite stipulations in
the Immigration Act guaranteeing citizenship to children born to a
South African parent, children with one foreign parent are not always
automatically granted citizenship or a PRP, and may be required to
remain in the country for an uninterrupted five-year period (in
possession of a valid TRP) before qualifying for citizenship. Where
one or both parents are foreign nationals with PRPs, a waiting period
of 18 months for their children to receive a PRP is common.


Toyambi added: "A child born to a parent with South African
citizenship or a PRP is not granted permanent residence automatically,
but will be issued with an unabridged birth certificate similar to
South African children. Then at the age of 16 he/she can apply for an
ID book."


Birth certificates contain an ID number that indicates whether or not
you are a citizen.


Gwanyanya says that children whose parents are both foreign nationals,
and who live in South Africa, are only granted citizenship at age 18,
provided they have been residing in the country for the last 18
years.


The Application Process
Since October 2014, the Department of Home Affairs (DHA) has
contracted service company VFS Global to receive and manage all visa
and permit applications (including applications for the ZSPs and
LSPs).


VFS Global has 12 visa and permit centres in 11 South African
cities.

According to its website, "non-South Africans" who
have legal residency in South Africa can apply for a visa or permit at
any of these centres. Applicants who do not reside in South Africa
(or, presumably, who do not have the correct permit – those applying
for a PRP need to have a valid TRV, for example) are required to
return to their country of origin and submit their applications via
the nearest South African embassy or diplomatic mission. To
accommodate high demand in specific countries, the Department of Home
Affairs has also established supplementary Visa Application Centres
(VACs) in India (currently nine VACs, set to increase to 13 by the end
of 2016) and in nine cities in China. VFS requires that all visa and
permit applications and payments are made online, in advance, after
which you will be given an appointment to obtain biometric data.
Registered immigration practitioners, attorneys, or advocates may
apply on your behalf, but applicants will need to appear in person for
their appointment.


Completed visa and permit applications are then submitted to DHA for
assessment. Applications require "a minimum average processing time of
8-10 weeks for the decision to be returned", although Maxwell says the
current department of labour review process "takes around nine months
for work visas, and the department of trade and industry review
process [for business visas] up to six months."


A full list of all the documentation required for each type of visa or
permit category is available on the VFS website.


In South Africa there is a standard DHA application cost of R1520
(refugees, and spouses and dependents of general work permit holders
are exempt from this), and an additional VFS service fee of R1350 per
application. Individual applicants can reduce the waiting time for an
appointment by paying an additional R500 for VFS`s "Premium Lounge"
service. There is also a Premium Visa & Permit Services Centre in
Sandton, Gauteng, for pre-approved corporate clients.