There are various categories of resident (or immigrant), as detailed below.
The relevant category is decided by officials of the Department of Home Affairs, which aims to process residence applications within 12 months, although complex applications sometimes take up to 18 months to deal with.
Part of the application process is attending an interview with a member of the Department of Home Affairs (if you’re applying within South Africa) or the Department of Foreign Affairs (if you’re applying outside South Africa). If your application is rejected, the reasons will be supplied in writing, as well as details of your right to appeal against the decision and the time-frame and procedures of an appeal.
Once your residence (or immigration) permit has been granted, you have six months in which to take up permanent residence. Otherwise, your permit will lapse and may be withdrawn. Residence permits can be withdrawn for various reasons, including the following:
Any information supplied in your application is found to be incorrect.
You change your occupation within three years of being granted permanent residence without being granted permission to do so by the Department of Home Affairs.
You obtained your permit on the basis of a marriage undertaken less than two years before the date of issue of the permit, and the marriage is terminated less than two years after this date, unless you can persuade the Department that the marriage wasn’t entered into for the purpose of securing permanent residence.
To qualify for residence as a worker, you must normally meet the following criteria:
Be aged between 18 and 51;
Have a permanent offer of employment made by a South African registered company;
Have been offered a position commensurate with your qualifications and experience.
Have a statement from your prospective employer stating why a South African citizen or permanent resident cannot fill or be trained to fill the position.
Your prospective employer must submit proof (e.g. press clippings of advertisements placed over a period of at least a month in national newspapers) that the job has been advertised and that no suitable South African has applied, unless it’s obvious that no South African would be suited to the post.
Have registered with the appropriate South African bodies if you’re professionally qualified;
Have paid a non-refundable application fee (R1,520 or US$225 or €190) and have applied for residence abroad.
Marriage to a South African citizen or permanent resident doesn’t automatically guarantee that you will be granted permanent resident status. You will first be considered as a prospective immigrant in your own right, particularly if you have professional qualifications. Only if you don’t qualify under another category will you be considered under the category of spouse.
If that’s the case, you must submit proof of marriage and your spouse’s ability to support you and any dependent children. You can apply from abroad or within South Africa and there’s no fee. If you apply within South Africa, you must enter the country on a visitor’s visa, with an affidavit ‘to join spouse’ completed and signed by your husband or wife. When you arrive in South Africa, the visa will be replaced by a temporary residence permit valid for one year. You must apply for permanent residence before this expires or for an extension to your temporary residence permit if your permanent residence isn’t finalised in time.
If you’re engaged to a South African citizen or permanent resident and wish to apply for immigration to South Africa, you’re first considered as a prospective immigrant in your own right, especially if you have professional qualifications. Only if you don’t qualify for immigration under another category will you be considered under the category of fiancé(e).
You must apply for this category abroad and if you choose not to join your South African fiancé(e) and await the outcome of the application abroad, you must deposit a refundable immigration fee. If you choose to join your fiancé(e) and to await the outcome of the application in South Africa, you must deposit a refundable repatriation fee. In both cases, the fee will be refunded on presentation (at a South African Consulate, Embassy or High Commission abroad or a Home Affairs office in South Africa) of a marriage certificate and the original receipt.
If you choose to join your fiancé(e) in South Africa to await the outcome of your application, you must enter South Africa on a visitor’s visa. To apply, you will need an affidavit completed and signed by you fiancé(e) that you’re to be married within three months. On arrival in South Africa, your visa will be replaced by a temporary residence permit valid for one year. You must apply for permanent residence before this expires or extend your temporary residence permit if your permanent residence isn’t finalised in time.
If you’re retired and financially self-supporting and want to apply for residence in South Africa, you must submit documentary proof of financial assets which are readily transferable to South Africa. When considering your application, the extent of the transferable amount and/or the confirmation of a sufficient ongoing income from abroad (e.g. a pension) will be taken into account when considering your application. You must apply abroad and a non-refundable fee (R1,520 or US$225 or €190) is required.
If you wish to apply for residence under this category, you must transfer an amount of at least R1,500,000 (£130,435) to South Africa, of which R700,000 (£60,870) must be invested in the South African economy for a period of three years. After three years, you must prove that this requirement has been met, failing which your immigration permit can be withdrawn. You must also refrain from engaging in employment or starting your own business without the approval of the Department of Home Affairs, and notify the Department of any change of address during the three-year period. You must apply abroad and a non-refundable fee (R1,520 or US$225 or €190) is payable.
If you wish to establish a business in South Africa, you must provide evidence that you have sufficient funds to support yourself and your family during the set-up period (which can be three years or more) and must transfer a minimum amount of money (determined by the Immigrants Selection Board) in order to set up the business. A year after establishing it, you must submit the following to the Department of Home Affairs:
Audited financial statements in order for the viability of the business to be determined;
Evidence that at least two South African citizens or permanent residents, excluding members of your family, have been and still are employed;
Evidence that the amount determined by the Immigrants Selection Board has been used for the intended purpose;
If you go into business with others, you must submit evidence to the Department of Home Affairs, a year after entering the venture, that your involvement has resulted in a substantial contribution to the South African economy or the full-time employment of at least two South African citizens or permanent residents, excluding members of your family.
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