Foreigners include visitors on holiday, business or medical trips, work seekers, workers, students, marriage partners of SA citizens
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| Tariffs valid from 1 April 2008 |
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Subdirectorate: Temporary Residence
The objectives of the Immigration Act, 2002 (Act No 13 of 2002), which was implemented on 7 April 2003, inter alia, includes facilitating and simplifying the issuance of permits, to regulate the influx of foreigners by facilitating foreign investment and attracting skilled and qualified foreigners to the Republic and to promote tourism in the RSA.
The Subdirectorate: Temporary Residence is tasked with the admission of persons who intend to apply for an appropriate temporary residence permit to sojourn in South Africa.
Types of permits
Current legislation makes provision for no less than 13 types of temporary residence permits and under work permits a foreigner has the option of no less than 4 types.
Since the Act and Regulations are comprehensive no decision is left to the discretion of an official and provision has been made in terms of which an applicant may lodge an appeal when a decision has been made which will adversely affect the applicant.
Foreigners who contemplate investment in the South African economy by establishing a business or by investing in an existing business in the Republic must apply for a business permit. In this instance the applicant will be required to invest a prescribed financial capital contribution in such business.
The Department of Home affairs does not place any restriction on the admission of foreign students to South African educational institutions, it however remains the Department's responsibility to control the admission to and the sojourn in the Republic of all foreign students. The overriding consideration in dealing with applications for study permits are, however, that no foreigner may displace a South African citizen/resident at a local educational institution and proof of sufficient funds to both support the student during his/her stay in South Africa, and to cover all tuition fees as well as adequate medical cover with a South African medical scheme.
The main consideration in dealing with work permits is whether a South African citizen/permanent resident cannot perform the employment task to be undertaken. Work permits are therefore only issued to foreigners where South African citizens with the relevant skills are not available for appointment.
Having said that, however, in some instances international concerns with branches/affiliated companies in the Republic may from time to time decide to transfer existing personnel from a foreign branch to a branch in the Republic. As these employees will be key employees, they must apply for intra-company transfer work permits in which instance no proof of steps taken to obtain the services of a South African citizen/permanent resident will be required.
Exchange permits may, furthermore, be issued to foreigners not older than 25 years of age, who wish to participate in cultural, economic or social exchange programmes, administered by an organ of State or a public higher educational institution in conjunction with an organ of a foreign state.
Retired person permits may be issued to a person who wishes to retire in South Africa, provided that such person complies with the financial requirements provided for in the Act and Regulations.
The immediate family of a South African citizen may likewise be issued a relative's permit once the financial means as contemplated in the Act and Regulations have been complied with.
The introduction of a corporate permit, which will allow a corporate applicant to employ a predetermined number of skilled/semi-skilled/unskilled workforce will assist not only the mines and farmers, but also companies who require mot than one skilled foreigner.
Where to apply for a temporary residence permit
In terms of current legislation a foreigner may only change his/her status whilst inside South Africa. This implies that a foreigner may only change from a temporary residence permit to a permanent residence permit within the country, as status has been defined as temporary or permanent residence.
Any foreigner who therefore wishes to enter the RSA must apply for the appropriate temporary residence permit at the South African diplomatic representative in his/her country of origin. If the Department has no representative in that country the foreigner must apply at the South African diplomatic representative in a neighbouring or nearest country. The outcome must be awaited outside and arrangements to proceed to the Republic must only be made once the permit, as applied for, has been issued by the Department.
Since applications for temporary residence permits are processed and finalised at the South African foreign offices the processing period will be reduced considerably.
Extension of temporary residence permit
Foreigners should please ensure to keep their temporary residence permits valid at all times and should furthermore be reminded that the Act stipulates that a foreigner may only enter South Africa if he/she can produce a passport to be valid for no less than 30 days after the expiry of intended stay in South Africa.
It is furthermore prescribed in the Regulations that applications for the extension of a permit or a subsequent permit must be done 30 calendar days prior to the expiry of the temporary residence permit.
Foreigners should, in conclusion, be reminded that an application for status does not provide a status and does entitle a foreigner to benefits under the Act not to sojourn in the Republic pending the Department's decision in respect thereof.
Temporary Permits Issued
Regional statistics
Missions Statistics
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The Subdirectorate: Permanent Residence is tasked with the administration of persons wishing to apply for permanent residence status (immigration) in the Republic of South Africa. |
| Applicable Legislation
Applications for permanent residence status in the RSA are
considered in terms of section 26 and 27 of the Immigration Act, 2002
(Act No 13 of 2002), read with Regulation 33 of the Immigration Regulations.
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Tariff: R1 520.00 or
US$ 169 or EU 152
Processing time:
± 30 days
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Where to apply for permanent residence
If a prospective immigrant is still abroad, at the South African
diplomatic or consular representative in or nearest to his/her
country of origin or country of normal residence.
If the prospective immigrant is already residing in the RSA on
a valid temporary residence permit, at the nearest Regional Office
of the Department of Home Affairs in the province in which he/she
intends to reside permanently or intends to take up employment.
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| Who may apply for permanent residence
There are different categories under which one may
apply for permanent residence status. These
categories are described under related information
in the folder named "Frequently asked questions". Prospective
permanent residents of the RSA includes retirees; persons who
wish to establish business in the RSA or who wants to invest in
existing businesses; persons who wish to work in the RSA; etc.
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| What to submit
- A full set of fingerprints
- Marriage certificate / Proof of spousal relationship, if applicable
- Divorce decree / proof of legal separation, if applicable
- Proof of custody / maintenance, if applicable
- Death certificate iro late spouse, if applicable
- Consent of parents iro minors, if applicable
- Proof of judicial adoption, if applicable
- Police clearance certificates iro all countries in which
you resided for a period of one year or longer, since your 18th birthday
- Valid temporary residence permit, if already in SA.
The above-mentioned documents are the general documents
applicable to all permanent residence applications. Additional
documents are applicable to the different immigration categories
and these are listed in the permanent residence application form, BI-947
| Documents Application for permanent residence (BI-947)
Related information Frequently asked questions |
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| Acceptability of documents
All documents submitted in support of a permanent residence application must
be the originals or copies authenticated by the issuing authority or a certifying
authority or entity of the country of origin.
If applicable, all supporting documents must be translated into one of South
Africa's official languages and such translations must be certified as correct
by a sworn translator.
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| Employment in the RSA
It is important to take note that the Department of Home Affairs does not assist
foreigners to secure employment or to obtain offers of employment in the RSA.
At the time of submitting the application for permanent residence status, foreigners
who wish to take up employment in the RSA should already have secured employment
and be in possession of employment contracts
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Duration and purpose of stay
An application for permanent residence should only be submitted if it is your intention
to reside in the RSA on a permanent basis, i.e. not for a specified period.
Once permanent residence status has been obtained, you have all the rights,
responsibilities and obligations of a South African citizen, except for the right to
vote in South African elections and the right to make use of a South African passport.
The afore-mentioned rights will only be acquired when South African citizenship is
obtained in terms of the provisions of the South African Citizenship Act, 1995 (Act No 88 of 1995).
As already mentioned, permanent residence status is granted for the purpose of permanent
settlement in the RSA. Therefore, if you obtained such status and leave the RSA for a period
of three years or longer, the Department of Home Affairs may withdraw your status, unless
you inform the Department timeously and provide an acceptable reason for your stay outside
the RSA.
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click to view the Immigration Policy Document | |
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