The last time South Africa made significant changes to our immigration legislation was in 2014. This move is to dispel the view that immigrants have a constitutional right to progress towards citizenship due to years spent in South Africa. Intergate Immigration Service (PTY) Ltd Everybody knows that being a South African permanent residency permit holder holds more benefits than being a temporary permit holder but only a few foreigners know the rights that permanent residence south Africa gives. The new rules for gyms and exercising under lockdown level 3 in South Africa Qantas reopens bookings as it hopes international travel will resume by mid-2021 New features coming to WhatsApp in 2021 R 0 . Permanent Residence Appeal. We are not the South African Government. Permanent residency in South Africa entitles the immigrant to stay and reside in South Africa and undertake a specified activity according to the category that the permanent residency permit is issued under. No third parties are able to assist with this matter. Permanent residence in South Africa is entitled to individuals considering the following considerations: To the holder of work visa in South Africa, with context to this act for five continuous years and has satisfied the authorities for shaving received a permanent … 37679. ... that a person may be naturalised five years after being resident in South Africa. It’s easy to get assessed. The three year period referred to above is required to be continuous, meaning that any entry and sojourn in South Africa will interrupt the period of absence. Applications are processed in the order they are received at the Department and recent experience shows that it may take up to 18 months and longer. Changing to Another Visa While in South Africa New regulations also state that one cannot change from a Visitor’s Visa to another type of visa; these applications for change of conditions must be made at a mission abroad, i.e. Congratulations on receiving your South African permanent residency! section 26 - direct residency. Ask anyone from 2014 who waited too long to apply for residency! No third parties are able to assist with this matter. A valid temporary residency permit (if already in South Africa). When you apply for a South African Retirement Residence Permit you would be expected to offer proof of an income of no less than R37,000 per month from independent sources like annuity and pension funds. DO YOU QUALIFY FOR IMMIGRATION? Residency on other grounds applies to foreigners who: are in possession of a permanent work offer in South Africa; have exceptional skills and … Back then permanent residence was also one of the affected categories. Discover more about South African citizenship, including all of the requirements and how to go about submitting an application. Before you can apply for a permanent residency permit, you must first motivate why you should not be declared a prohibited person or an undesirable person. In terms of granting Permanent Residency Permits, emphasis is placed on immigrants who are in a position to make a meaningful contribution to broadening the economic base of South Africa. Address: Regus Business Centre 1st Floor, Block B, … 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. We are a privately-owned immigration practice and as such comply with the Immigration Act of South Africa. Exemptions. This ambiguity is around the time frames for permanent residency for both temporary and life partner. It is only after the Minister of Home Affairs has declared a prospective immigrant not to be a prohibited/undesirable person, that an application for permanent residency status can be submitted. Though, in order to maintain your permanent residence permit, you need to be present in South Africa at least once in every three years. Permanent Residence Visa Exemptions. The new permits, known as the Zimbabwean Exemption Permit (ZEP), will replace the current Zimbabwean Special Permit (ZSP), the Department of Home Affairs announced on Friday. This long term residence visa will reviewable and not contribute towards citizenship. Changes to new immigrant legislation could mean that many long-term residents are no longer eligible to remain in South Africa. As a permanent resident, you have most of the rights and responsibilities of a South African citizen. Applications for permanent residency in South Africa are considered in terms of Section 26 (Direct Residency Permits) and Section 27 (Residency-on-Other-Grounds Permits) of the Immigration Act 2002 (Act No 13 of 2002) and read with Regulation 33 of the Immigration Regulations. You may be considered a prohibited person if: In order to make an application for a permanent residency permit, applicants must first submit representation to the Minister of Home Affairs motivating why he or she should be declared not to be a prohibited person or an undesirable person. If the changes proposed in the White Paper are made official, permanent residence will fall away. 0.1 New South African Immigration Laws, rules & regulations with amendments’ & changes. You need JavaScript enabled to view it. (See Alert level 1 general regulations) REPUBLIC OF SOUTH AFRICA APPLICATION FOR PERMANENT RESIDENCE PERMIT [Section 25(2); Regulation 23(1)] IMPORTANT (surname and name of main applicant), (passport number) declare that I understand that: 1. addy2b455af8c249ff1c62f17d3431249465 = addy2b455af8c249ff1c62f17d3431249465 + 'dha' + '.' + 'gov' + '.' + 'za'; South Africa Permanent Residency Permanent residents in South Africa are afforded all the same rights and obligations as South Africa citizens, except for the right to vote in South Africa or hold a South African passport. Even if you are married to South African citizen, it should have a time period of not less than five years, only then you can apply for the permanent residence in South Africa. This category of permit is applicable 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. Unless you are born in South Africa or have South African parents, you can apply for South African citizenship after holding a permanent residence permit for five years, by marrying a South African citizen or by being a minor with a permanent residence visa. You and your spouse qualify for a direct permanent residence permit if you have lived in South Africa on the basis of your work permit for a minimum period of five years. var path = 'hr' + 'ef' + '='; You may be deemed to be rehabilitated if: You may be deemed to be an undesirable person if. Forever. A permanent residence permit to South Africa may be issued to you as a foreigner if you intend to retire in the country and have the right to a pension, or an irrevocable annuity or retirement account which will give you a minimum payment of R37, 000 per month for the rest of your life, or have a minimum net worth of R37, 000 per month. R1350. var prefix = 'ma' + 'il' + 'to'; Law change to discontinue Permanent Residency is imminent. The New South African Permanent Residency Process. ... Residence permits. For a foreigner who intends to come and reside in South Africa on an indefinite permanent basis, they are well advised to apply for a permanent residence permit. In terms of granting Permanent Residency Permits, emphasis is placed on immigrants who are in a position to make a meaningful contribution to broadening the economic base of South Africa. Unfortunately the search for alternative options more often than not resulted in a dead end or an extremely long wait to eventually qualify for permanent residence again. The similarities between this and 2014 are striking: However, what happened to eligible applicants back then doesn’t have to happen to you in 2019. Applications for permanent residency in South Africa are considered in terms of Section 26 (Direct Residency Permits) and Section 27 (Residency-on-Other-Grounds Permits) of the Immigration Act 2002 (Act No 13 of 2002), and read with Regulation 33 of the Immigration Regulations. South Africa, long a haven for migrants from across Africa, is trying to update its immigration policy with a number of changes, which one official says aims to … The DHA may withdraw your status if you leave South Africa for 3 years or longer. So what does the new South African Permanent Residency process involve? What happens after you get South African PR? While your permanent resident status does not expire and remain valid indefinitely, you must enter South Africa once every three years and present yourself at the border as a permanent resident to retain your PR. By law, as a permanent resident, you are required to exchange your foreign drivers' license for a South African drivers license. A person will be a "resident" if: 1. he/she is ordinarily resident in South Africa; or 2. when looking back in time, 3. Earlier this year the Immigration White Paper was gazetted and it proposed that permanent residence in South Africa be replaced with a long term residence visa. The final amended legislation will be submitted to Parliament for public consultation and approval in March 2019. Our aim today is to highlight this for you, and to urge you to take action if you’re considering applying for permanent residence at the moment. Permanent residency is a great option for anyone who would like to remain in South Africa indefinitely, as it […] A permanent residence permit for the Republic of South Africa can only be issued upon application from a foreigner, and such an application can only be considered if the applicant qualifies for either direct residence or qualifies for residence on other grounds. This application form and supporting documents must be submitted in person. This may be done at the nearest SA Traffic Department and can only be done by the Permanent residency holder. alternatively, you may be deemed to be rehabilitated by a forfeiture to the State of R50 000 (which may be reduced to R2000 if you paid for the cost of your deportation as well as the related costs). Any immigration rule should be foremost to meet the basic criteria of two simple factors which reflect the will of people:New South African Immigration Laws issued by Department of Home Affairs South Africa 1. Our Top 10 Immigration Rules for South Africa Immigration Rules #1: Visitor Visa - General Info. New Immigration rules for South Africa! resident. Direct residence permits. Your ability to apply for residency could be a thing of the past after 2019. You have previously been deported and have not been rehabilitated by the Department in the prescribed manner. Dependents of South African citizens or permanent residence permit holders can also apply. These diseases include cholera; pestilence, yellow fever and any other diseases as determined by the Department of Health from time to time, You have a warrant of arrest against you or a conviction for genocide, torture, drug trafficking, money laundering, kidnapping, terrorism, or murder secured in South Africa or any country with which South Africa has regular diplomatic relations, You are a member or supporter of an organisation practising racial hatred or social violence, You are a member of an organisation using crime or terrorism to reach its goals. You’ll never need to renew it. In terms of the latest legislation, two rules will apply to define what a resident is. Your rights as a permanent resident. That is the question on most people’s minds at the moment, especially for those who come from abroad to make South Africa their home. This category of permits applies to foreigners who: In addition to completing and submitting Form BI-947, you must also provide the following documentation: Additional documents are applicable to the different immigration categories and these are listed in the permanent residence application Form BI-947. document.getElementById('cloak2b455af8c249ff1c62f17d3431249465').innerHTML = ''; Yes No Section 26(c) of the Act Consent of both parents and guardians, together with an undertaking to provide financial support to the applicant. ; 3 New Immigration rules for ; 4 South Africa!. var addy_text2b455af8c249ff1c62f17d3431249465 = 'webmaster' + '@' + 'dha' + '.' + 'gov' + '.' + 'za';document.getElementById('cloak2b455af8c249ff1c62f17d3431249465').innerHTML += ''+addy_text2b455af8c249ff1c62f17d3431249465+'<\/a>'; Caution should be taken if applying for Permanent Residence before you have proof of 5 years. Earlier this year the Immigration White Paper was gazetted and it proposed that permanent residence in South Africa be replaced with a long term residence visa. List of DHA offices that conduct Civil Union/Partnership Marriages, White Paper on International Migration - GAZETTED, You are infected with infectious diseases that can spread easily. To apply for a direct residency permit you need to complete Form BI-947.   |   Site developed and maintained by the © Department of Home Affairs, DISCLAIMER   |   PAIA MANUAL   |   Home   |   Contact Us. All you have to do is call us and speak to one of our consultants. 2. The Work Visa Risk Impact survey gave a sense of how the lockdown is impacting expat workers within South Africa, as well as new assignees who were due to enter South Africa to commence project requirements. By law, as a permanent resident, you are required to exchange your foreign drivers' license for a South African drivers license. Although temporary residence is usually granted to foreigners who are living and working in South Africa, some applicants may prefer to obtain a Permanent Residence Permit. This email address is being protected from spambots. If Foreign Nationals working in South Africa can prove that they are living here for a minimum period of five years or more than they can apply for permanent residence here. If not, he or she can apply at the nearest South African Mission. Retirement Permanent Residence Permit South Africa: Retiring in South Africa makes a lot of sense as we discussed in a blog last week. As you are about to embark on your next big adventure we looked at what the next steps are for settling into life in South Africa. There are many options for immigration to South Africa. A foreigner on a short-term tourist visa cannot apply for permanent residence in … Despite this, scores of people dragged their feet and by the time they decided to apply for permanent residence, the old legislation no longer applied. This article would help you to know your right as a South Africa permanent residency permit holder. Latest travel advice for South Africa, ... and may further restrict movement or bring in new rules including testing requirements with little warning. If you are interested in applying, now is the time. Just like now, the proposed changes were made public. R 0. Immigration Licence Registration Number: 2007/01/0485. Applications for permanent residency in South Africa are considered in terms of Section 26 (Direct Residency Permits) and Section 27 (Residency-on-Other-Grounds Permits) of the Immigration Act 2002 (Act No 13 of 2002), and read with Regulation 33 of the Immigration Regulations. 199 Loop Street, Cape Town, South Africa, Company Registration Number: 2014/002902/07 The South African Immigration Act distinguishes between temporary residency visa (TRV) and permanent residency permits(PRP). 3.3. Once granted, permanent residency entitles the individual to obtain a … are in possession of a permanent work offer in South Africa, or, have exceptional skills and qualifications, intend to establish a business in South Africa, qualify as Refugees in terms of Section 27(c) of the Refugees Act, are relatives (biologically or judicially adopted) of a South African citizen/permanent residence permit holder, A marriage certificate / Proof of spousal relationship, if applicable, A divorce decree / proof of legal separation, if applicable, Proof of custody of a minor, if applicable, A death certificate for a late spouse, if applicable, The consent of parents in the case of minors, Proof of judicial adoption of a minor, if applicable, Police clearance certificates for all countries in which you resided for a period of one year or longer since your 18th birthday. If you experience any problems accessing the site, please email the This email address is being protected from spambots. var addy2b455af8c249ff1c62f17d3431249465 = 'webmaster' + '@'; ICT visa holders may now qualify for another two years! Visas Expiring During Covid-19 in SA Xpatweb conducted a survey during the peak of COVID-19 Restrictions in South Africa. you submit a sworn affidavit or solemn declaration that you will comply with the Act, the Department has no reason to believe that you are inclined to violate the Act again, you have not been inside the Republic of South Africa for a period of 4 years or more. SECTION 26 - DIRECT RESIDENCY SECTION 26 (A) - GENERAL WORK PERMIT SECTION 26 (B) - SPOUSE MARRIED FOR A MINIMUM OF FIVE YEARS SECTION 26 (C) - DEPENDENT OF A SOUTH AFRICAN CITIZEN OR PERMANENT RESIDENCE HOLDER UNDER THE AGE OF 18 YEARS (MINOR) you are or are likely to become a public charge, you are identified by the Minister (after consultation with the Immigration Advisory Board as undesirable o you have been judicially declared incompetent. Therefore our advice is simple – get assessed to see if you qualify for permanent residence and explore your options. an embassy or consulate, where the applicant is an ordinary resident or holds citizenship. Permanent residence is determined in accordance with section 25, 26 and 27 of the Immigration Act, read with the prevailing 2014 Immigration Regulations. ; 1 Modern Changes to South African; 2 Immigration Policies.. 2.1 check your immigration status & know where you legally stand for the next days’ & months. IMMIGRATION. Once you have received a positive response from the Minister of Home Affairs, you may submit an application for either a Direct Residency Permit or a Residency-on-Other-Grounds Permit. Permanent residence can be applied for in South Africa if such applicant is the holder of an existing status in South Africa. While we can’t tell you if, how or to what extent the legislation may change in 2019, we can tell you that a ‘wait and see’ attitude is not the best strategy. This may be done at the nearest SA Traffic Department and can only be done by the Permanent residency holder. (1) Every person is confined to his or her place of residence from 22H00 until 04H00 daily, except where a person - (a) has been granted permission through directions by the relevant Cabinet member or a permit; or (b) is attending to a security or medical emergency. Temporary Residence Visa Exemptions. 3.1. he/she has been physically present in South Africa for more than 91 days per tax year for four consecutive tax years; and 3.2. physically present for an average of 183 days per year during the first three years of the four years (an aggregate of 549 days) ("time based rule"). The Act does, however, make provision for an application to be made by a PRP holder in terms of which he or she seeks to extend the aforementioned period. Else Visa Experts - Provide you to information about South Africa permanent residence rules ,our team able to solve you query about South Africa permanent residence rules . Copyright © 2005 - 2020 Intergate Immigration Service (PTY) Ltd. All rights reserved. R 1350. Staff Writer 5 October 2018 Changes to new immigrant legislation could mean that many long-term foreign residents are no longer eligible to remain in South Africa. We charge for our expertise in successfully applying for temporary and permanent residency services. Your Rights as a South African Permanent Residency Holder. New Models ; Reviews ... made before the expiry of 10 years after obtaining a permanent resident permit. To do so they need a long-term temporary residence visa. you have a previous criminal conviction without the option of a fine for conduct which would be an offence in South Africa (with the exclusion of certain prescribed offences). All indications are that the new … Find out if you qualify with our free assessment! You can whatsapp +27 615 780 000 or Skype : simrasgroup for quick solution. Work Permits SA subscribe to Google’s rules on transparency. You need JavaScript enabled to view it. The new regulation have been published by the Department of Home Affairs in the Regulation Gazette No. Significant changes are made to South Africa’s immigration legislation; and. In this event "residence" commences fro… You and your spouse qualify for a direct permanent residence permit if you have lived in South Africa on the basis of your work permit for a minimum period of five years. This long term residence visa will reviewable and not contribute towards citizenship. Do it as soon as possible and you won’t be caught off-guard in 2019. Immigration information helper. If the spouse is a permanent resident, a copy of his or her permanent residence permit must be submitted. South African Permanent Residence Rules. Permanent Residence Permit – a permit solution for those serious about South Africa. The future of permanent residence in South Africa, Travelling with your South African permanent residence certificate, The South African Critical Skills Work Visa, The world’s most attractive employers – right here in South Africa. South Africa– Blue Sky Publications (Pty) Ltd T/A TheSouthAfrican Number: 2005/028472/07. You may be considered a pr… Instead foreigners will receive a long term visa, which won’t necessarily lead to citizenship. Sign up for our newsletter to join over 15,000 readers who get immigration news, advice and tips each month! The future of permanent residence in South Africa. section 26(a) - general work permit; section 26(b) - spouse married for a minimum of five years; section 26(c) - dependent of a south african citizen or permanent residence holder under the age of 18 years (minor) section 26(d) - dependent of a south african citizen over 21 years . There seems to be some hope for all that fresh immigration rules for South Africa are good. This category of permit is applicable 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. R 0. Contents. 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