Permanent Residence

  •  The holder of a permanent residence permit has all the rights, privileges, duties and obligations of a citizen, save for those rights, privileges, duties and obligationswhich a law or the Constitution explicitly ascribes to citizenship.
  •  Subject to this Act, upon application, one of the permanent residence permits sets out in sections 26 and 27 may be issued to a foreigner.
  •  A permanent residence permit shall be issued on condition that the holder is not a prohibited or an undesirable person, and subject to section 28. 

Types of Permanent Residence Permits

1. Direct Residence 

Subject to section 25 and any prescribed requirements, the Director-General may issue a permanent residence permit to a foreigner who-

(a) has been the holder to a work visa in terms of this Act for five years and has proven to the satisfaction of the Director-General that he or she has received an offer for permanent employment;

(b) has been the spouse of a citizen or permanent resident for five years and the Director-General is satisfied that a good faith spousal relationship exists: Provided that such permanent residence permit shall lapse if at any time within two years from the issuing of that permanent residence permit the good faith spousal relationship no longer subsists, save for the case of death;

(c) is a child under the age of 21 of a citizen or permanent resident, provided that such permit shall lapse if such foreigner does not submit an application for its confirmation within two years of his or her having turned 18 years of age; or

(d) is a child of a citizen.

2. Residence on Other Grounds 

The Director-General may, subject to any prescribed requirements, issue a permanent residence permit to a foreigner of good and sound character who-

(a) has received an offer for permanent employment;

(b) has demonstrated to the satisfaction of the Director-General that he or she possesses extraordinary skills or qualifications, and to those members of such foreigner's immediate family determined by the Director-General under the circumstances or as may be prescribed;

(c) intends to establish or has established a business in the Republic, and investing in it or in an established business, the prescribed financial contribution to be part of the intended book value, and to the members of such foreigner's immediate family;

(d) is a refugee referred to in section 21(c) of the Refugees Act, 1998 (Act No. 130 of 1998), subject to any prescribed requirement;

(e) intends to retire in the Republic, provided that such foreigner proves to the satisfaction of the Director-General;

(f) has proven to the satisfaction of the Director-General that he or she has a prescribed minimum net worth and has paid a prescribed amount to the Director-General ; or

(g) is the relative of a citizen or permanent resident within the first step of kinship.