Permanent Residence

Direct residence

A foreign national who complies with the relevant requirements mentioned below may qualify for permanent residence in the Direct residence category:

• The applicant has been a holder  of a work permit, including one issued under a corporate permit, for a period of five years and is in possession of a permanent contract of employment
• The applicant must have received a permanent offer of employment provided that:
  • The prospective employer must submit a certification by a Chartered Accountant stating that the job description exists and is intended to be filled by the foreign national applicant; and
  • The Department of Labour issues a certificate to the effect that the foreign national salary and benefits are not inferior to that being paid to SA citizens and permanent residents, with due regard to the relevant market segment into which the foreign national is to be employed; and
  • The applications falls within the yearly limits of available permits prescribed from time to time for each sector, trade of industry.
• The applicant has been the spouse of a South African citizen or permanent resident for a period of five years (such permit may lapse if any time within three years of having obtained permanent residence the spousal relationship no longer exists)
• The applicant is the child of a South African citizen or South African permanent resident

Residence on other grounds

A foreign national who falls into one of the below mentioned categories may qualify for permanent residence:

• If the applicant falls within one of the professions listed on the quota schedule and is in possession of a permanent contract of employment
• If the applicant possesses extraordinary skills or qualifications
• This category encompasses a foreign national who has demonstrated to the Director-General of Home Affairs that he or she possesses extra ordinary skills or qualifications. It will be necessary for an applicant in this category to provide the following:
  • testimonials from previous employers (if possible);
  • a comprehensive curriculum vitae;
  • a letter from a foreign or South African organ of State or from an established South African academic, cultural or business body confirming the applicant’s extraordinary skills or qualifications;
  • other proof to substantiate extraordinary skills or qualifications, such as publications and testimonials; and
  • in addition proof will have to be provided that the extra ordinary skill will add value to the South African environment in which the applicant intends to operate.
• If the applicant has established a business in South Africa and has invested the prescribed financial contribution
• This category applies to a foreign national applicant who intends to establish or invest in an established business in South Africa.
  The requirements are that a Chartered Accountant must certify that the applicant is able to satisfy can comply with the capitalization requirements.
  (These requirements are fully set out in the Temporary Residence category for “Business Permits”). 
• If the applicant is a refugee and holds formal recognition of refugee status for more than five years
• If the applicant intends to retire in South Africa and has the right to a pension or retirement annuity which pays out a prescribed minimum payment for the rest of his or her life
• A pension with a minimum value of ZAR 20 000.00 (Twenty Thousand Rand) per month or an irrevocable retirement annuity delivering this amount or a combination of assets delivering this amount monthly. This amount is calculated per applicant in this category
• If an applicant has a prescribed minimum net worth and has paid a prescribed amount over to the Department of Home Affairs
• A prescribed minimum net worth consisting of an amount of ZAR 7,5 Million (Seven Million Five Hundred Thousand Rand) coupled to a payment to the Director General in the amount of ZAR 75,000 (Seventy Five Thousand Rand).
• If the applicant is a relative of a South African citizen or South African permanent resident within the first step of kinship
• This category of permit may be issued to a foreign national who is a member of the immediate family of a South African citizen or permanent resident within the first degree of kinship i.e. a father, mother all child and this will include a biological or judicially adopted child or adoptive parents and step parents.
  In order to obtain the remaining qualifying requirements in this category I would suggest that you visit the temporary residence permit category of “relatives permit” on our web site bearing in mind that in the temporary residence category there is a two degree of kinship requirement.