How to Apply for Permanent Residence in South Africa

Source: SA Migration, 10/06/2019

That said, as those who’ve applied for permits in the past will know,
lodging an application at the South African Department of Home Affairs
(DHA) can be a tedious process. Plus, as the body passed immigration
regulation changes with serious repercussions for foreigners in 2014
for the first time in a decade, applicants may find themselves more
confused than ever before.
Sa Migration International is well versed in navigating the Department
of Home Affair’s web of legislation and visa requirements and their
experience goes a long way towards minimising the stress of a
permanent residence application
To help make the permanent residence application in South Africa
process easier, we’ve asked Sa Migration International to provide
answers to some of the most frequently asked queries about the
process. If you`re still confused and would prefer to chat to an expert,
FAQS ABOUT PERMANENT RESIDENCE AND WORK PERMIT APPLICATION IN SOUTH AFRICA
1. How has the permanent residency application process been affected
by the 2014 immigration regulation revisions?
The 2014 immigration regulation changes affect everything from the
fees associated with application process to the process itself. To
learn more, have a look at our articles ..
2. What are the different types of permanent residence permits in
South Africa?
In total there are seven different types of permanent residence
permits in South Africa:
Relatives Permanent Residence Permit South Africa: if you’re a
biological relative of a South African citizen or a foreigner with a
South African permanent residence permit, then you qualify to apply
for this type of permit. Children who are legally adopted also qualify.
Spousal/Life Partner Permanent Residence Permit South Africa: if
you’re married to or in a permanent relationship with a South African
citizen or a foreigner with a South African permanent residence
permit, then you qualify to apply for this permit. This category
applies to both same-sex couples and those in heterosexual
relationships. If applying for a permit in this category, it’s
necessary to prove that you’ve been married or cohabitating for a
minimum of five years.
Five Years Continuous Work Permanent Residence Permit South Africa: if
you can prove that you’ve worked continuously in South Africa for five
years under a specific type of work visa and have permanent
employment, then you should qualify to apply for this type of
permanent residence permit.
Critical Skills Permanent Residence Permit South Africa: if you
already hold a critical skills temporary work visa, can prove you have
five years of experience in your field and have a permanent job offer
in South Africa, you can apply for this type of permit.
Business Permanent Residence Permit South Africa: if you already have
a business temporary residence visa, can prove that 60% of your
workforce is made up of South Africans or permanent residents, have
invested the prescribed amount (R5 million) into the book value of the
business and have met the compliance requirements (i.e. registered
with SARS, UIF, etc), then you may qualify to apply for this permit.
Do note: you’ll also need to get the Department of Trade and Industry
to give the go-ahead that your business is in the national interest of
South Africa.
Retirement Permanent Residence Permit South Africa: if you are
planning to retire or chill out in South Africa and can prove that you
receive a life-long monthly income equivalent to R37,000 a month from
pensions, retirement annuities or property rentals, then you qualify
to apply for this permit. Note there is no age minimum attached to
this permit.
Financially Independent Permanent Residence Permit South Africa: if
you have the equivalent of R12 million worth of global net assets,
then you qualify to apply for this permit. Though, this right comes at
a pretty penny: the fee is R120,000.
3. Can I apply for a permanent residence permit without ever having
had a temporary residency visa in South Africa?
Yes, with the exception of business permits, five years continuous
work permits and critical skills permits. Many people choose to file
both temporary residence visa and permanent residence permit
applications simultaneously (note: you need to file two separate
applications). People do this because temporary residence visas take a
shorter time to process.
4. What are the basic documents I need to apply for permanent
residence in South Africa?
• Two passport photographs
• A medical certificate that’s no older than six months
• A radiological certificate that’s no older than six months
• Police clearances that are no older than six months from all
countries in which you’ve lived for more than 12 months
• Birth certificate
• Marriage certificate, if applicable
• Death certificate, if you’re widowed
• Divorce certificate, if applicable
• Eligibility documents (vary depending on permit category)
5. If I have a criminal record could I still qualify to become a South
African permanent resident?
Unless you’ve been convicted of a serious crime, like murder, rape or
drug trafficking, then, generally, you still qualify to become a South
African permanent resident. For instance, the South African Department
of Home Affairs often does not consider traffic offenses or drunken
driving charges reason to deem you an undesirable person. Note though
that any offense that renders the applicant “not of good and sound
character” like the act demands, recorded on your police clearance,
means you should seek advice from an immigration consultant.
6. If I have tuberculosis (TB) do I qualify for South African
permanent residency?

No. TB is considered an infectious disease and deems you a prohibited
and undesirable person. You are not eligible to apply.
7. Where can I apply for a permanent residency permit and what is the
processing time?
You can apply for a permanent residency permit in your country of
origin, residence or in South Africa. If you apply in your country of
origin or residence, you must do so at a South African embassy or
consulate; processing time is around 18 to 24 months. If you apply in
South Africa, you must do so at a Visa Application Centre (VAC). These
bodies are run and managed by the company Visa Facilitation Services
(VFS); do not apply at a Department of Home Affairs office. In-country
processing time is between 18 and 24 months.
8. If I’ve applied for a permanent residence permit, but have not
received an outcome on my application, can I legally remain in South
Africa?
No. In this case, you can only legally remain in South Africa if you
hold a valid temporary residence or work visa. If you do not hold a
valid visa while you are waiting on the outcome of your permanent
residence permit application, you will be deemed an undesirable
person. This means you can’t collect your permanent residence permit
even if it is approved and that if you leave the country, you will be
banned from entering again according to a time period corresponding to
how long you’ve overstayed your visa. To avoid this, it’s recommended
to apply for a temporary residence or work visa renewal while waiting
on the outcome of your permanent residency permit application.
9. Can I work on a spousal/life partner permanent residency permit?
Yes. As a spousal/life partner permanent resident, you can take up
employment or start your own business, just as any South African-born
citizen may.
10. For how long is the permanent residency in South Africa valid?
Forever. You’ll never need to renew it. Though, in order to maintain
your permanent residence permit, you need to be present in South
Africa at least once in every three years. If you fail to uphold this
requirement, then you’ll have to lodge an entirely new permanent
residence permit application. For some categories there are also
other special conditions you must fill to maintain your status â€` these
are stamped into your certificate so you know what’s expected of you.
11. If I’ve lost my permanent residency certificate, how can I get a
new one?
You’ll need to lodge a Proof of Residence application. This
application just requires that you fill out a simple form, but it
still claims the same turnaround time (see question 7) as a standard
permanent residence permit application.
12. Do I have to give up my passport when I become a permanent
resident in South Africa?
No.
13. Do I have to stay in South Africa once I become a permanent resident?
No. You have complete freedom of movement. In fact, you can even live
abroad for some time. You only need to be present in South Africa once
in every three years to maintain your status.
14. Can I buy a house as a permanent resident? Bring over a dog?
Import a car?
The answer to all of these questions is yes. Though, each comes with
its own separate process. Consult a professional for more information.
15. Is it too difficult to apply for a permanent residence permit on
my own, without the help of an immigration professional?
It`s difficult, but not impossible. It’s a process that comes with
frustrating waiting times and a certain degree of confusion. For this
reason, it’s easier to employ an immigration professional to carry the
burden of application.
16. What are the benefits of using an immigration consultancy, like Sa
Migration International?
The obvious benefit of using an immigration consultant is that you
avoid the long queues and frustrating interpersonal interactions that
come with submitting an application and following up on its outcome.
More technically, by using an immigration consultant you also get the
peace of mind of knowing that your application is in the hands of
someone up to date on all immigration legislation, including the 2014
changes. Immigration consultants know relocation procedures back to
front, and will also be able to give you information about which
permanent residence category is best to apply under given your
circumstances.