RESIDENCY-ON-OTHER-GROUNDS PERMITS
The Director-General of the Department of Home Affairs, subject to any prescribed requirements, may issue a permanent residence permit to a foreigner of good and sound character who:
Has received an offer for permanent employment
Applicants applying for a permanent residence permit maybe required to provide an offer of permanent employment. (The work offer must clearly state the occupation to be followed and salary and benefits offered and may not be older than three months at the time of submission. The position is subject to confirmation by the Department that the permit is accommodated within the yearly limits of available permits.) Proof by the employer that the position exists and that the position and related job description was advertised as contemplated in regulation 23(1) and that no suitably qualified citizen or permanent resident was available to fill that position.
A certificate from the Department of Labour or an extraction from the database of a salary benchmarking organisation detailing the average salary earned by a person occupying a similar position in the Republic and that the terms and conditions of the work offer are not inferior to those prevailing in the relevant market sector for citizens or permanent residents.
Possesses extraordinary skills or qualifications
Applicants applying for a permanent residence permit maybe required to provide;
- Testimonials from previous employers, if applicable.
- 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.
- Proof that the extraordinary skill shall add value to the South African environment in which he or she intends to operate.
Intends to establish or has established a business in the Republic of South Africa
Applicants applying for a permanent residence permit maybe required to provide the below;
In respect of an application by a foreigner who intends to establish a business or invest in a business that is not established in the Republic
- A certificate issued by a charted accountant registered with the South African Institute of Charted Accountants or a professional accountant registered with the South African Institute of Professional Accountants to the effect that-
- At least an amount in cash as determined from time to time by the Minister, after consultation with the Minister of Trade and Industry, by notice in the Gazette, is available; or
- At least an amount in cash and capital as determined from time to time by the Minister, after consultation with the Minister of Trade and Industry, by notice in the Gazette, is available to be invested in the republic.
- A business plan outlining the feasibility of the business, both in the short and long term; and
- An undertaking that at least 60% of the total staff compliment employed in the operations of the business are or shall be citizens or permanent residents employed permanently in various positions.
- An undertaking to register with the South African Revenue Services.
- Proof of registration with the relevant professional body, board or council recognised by SAQA in terms of section 13(2) (i) of the National Qualifications Framework Act, where applicable.
In respect of an application by a foreigner who has established a business or invested in an existing business in the Republic
- A certificate issued by a charted accountant registered with the South African Institute of Charted Accountants or a professional accountant registered with the South African Institute of Professional Accountants to the effect that-
- At least an amount in cash as determined from time to time by the Minister, after consultation with the Minister of Trade and Industry, by notice in the Gazette, has been invested in the business; and
- Proof that at least 60% of the total staff compliment employed in the operations of the business are or shall be citizens or permanent residents employed permanently in various positions.
- Proof of registration with the-
South African Revenue Services;
- Unemployment Insurance Fund;
- Compensation Fund for Occupational Injuries and Diseases;
- Companies and Intellectual properties Commission (CPIC); and
- The relevant professional body, board or council recognised by SAQA in terms of section 13(2)(i) of the National Qualifications Framework Act.
- Financial statement in respect of the preceding financial year
- A partnership agreement, if applicable.
Is a refugee referred to in Section 27(c) of the Refugees Act, 1998
Applicants applying for a permanent residence permit maybe required to provide:
- Proof of five years continuous refugee status in the Republic
- Certification from the Standing Committee for Refugee Affairs that applicant will remain a refugee indefinitely.
- An affidavit regarding aliases used for refugee status application(s) by principal applicant or family members, if applicable.
- Intends to retire in the Republic of South Africa
Is financially independent / has proven that he or she has the prescribed net worth
Applicants applying for a permanent residence permit maybe required to provide;
- Proof that the applicant has the minimum net worth contemplated in regulation 23(11).
- Payment of R120000 to the Director-General.
Is the relative of s South African citizen of permanent resident within the first step of kinship
Please note an application for permanent residence in terms of section 27(g) of the Immigration Act 13 of 2011, as amended, read together with Regulation 23(7), requires the citizen or permanent residence holder to satisfy the Director-General that he or she is able and willing to support and maintain the applicant. A minor dependent is not in a position to assume financial, emotional, medical and physical responsibility for a parent. They are therefore unable to fulfill the abovementioned requirement and satisfy the Director-General accordingly. Parents of minor dependents therefore do not qualify for permanent residence in terms of section 27(g) of the Immigration Act.
Applicants applying for a permanent residence permit maybe required to provide;
- Proof of kinship or relationship
- Undertaking by citizen or permanent resident regarding financial, medical, physical and emotional responsibility for applicant.
