Section 27(b) – Extra Ordinary Skills
Growing in popularity this permit is specifically aimed at the migrant bringing skills and experience that are not available under the local population in South Africa. You will be able to apply for permanent residency if your occupation is listed on the Critical Skills list and you have an appropriate qualification with a minimum of five years’ post qualification experience in your specified field.
The candidate, taking into account any prescribed requirements, must demonstrate to the satisfaction of the Director-General that he or she possesses extraordinary skills and qualifications.
Residency may be extended to those members of such foreigner’s immediate family determined by the Director-General under the circumstances or as may be prescribed.
Section 27(c) – Business
Business owners, this one is for you.
Suitable for those individuals who intend to establish or has established a business in the Republic, as contemplated in Section 15, and investing in such a business as contemplated in Section 15, the prescribed financial or capital contribution to be part of the intended book value, provided that –
- the Director-General may waive or reduce such financial or capital contribution for businesses prescribed to be in the national interest or when so requested by the Department of Trade and Industry; and
- the permanent residence visa shall lapse if the holder fails to prove within two years of the issuance of the permanent residence visa and three years thereafter, to the satisfaction of the Director-General, that the prescribed financial or capital contribution to be part of the intended book value is still invested as contemplated in this paragraph.
The main requirements when applying for a Business Permit for South Africa are –
- Make sure you employ 60% South African citizens or Permanent Residents; and
- Invest R5 million into the business.
Section 27(d) – Refugee
Is a refugee referred to in section 27(c) of the Refugees Act, 1998 (Act No. 130 of 1998), subject to any prescribed requirement.
- The applicant must have five full years’ continuous residence in the Republic of South Africa as a formally recognised refugee (not as an asylum seeker);
- Write an application letter explaining the reasons for applying for the certification;
- Go to the initial refugee reception office where application for asylum was first lodged and complete the form. The refugee reception office will ensure that the applicant complies with all the requirements;
- The application will be referred to the Standing Committee for Refugee Affairs which is the body established to certify or not if the applicant will remain a refugee indefinitely; and
- If successful, the applicant will then be issued with a “Certification” which will enable the applicant to apply for “Permanent Residence”.
Section 27(e) – Retired Person
Candidates who intend to retire in the Republic, provided that such foreigner proves to the satisfaction of the Director-General that he or she has the right to a pension or an irrevocable annuity or retirement account or any monthly income which will give such foreigner a prescribed minimum payment for the rest of his or her life of an amount equal to a minimum of R37 000 per month.
There is no age minimum for Permanent Residency based on Retirement.
Section 27(f) – Financially Independent
You may qualify if you have proven to the satisfaction of the Director-General that you have a prescribed minimum net worth and has paid a prescribed amount to the Director-General.
- Has a nett worth at least R12 million worth of global net assets; and
- Pay a visa fee of R120,000 upon issuance of the permanent residences certificate.
Section 27(g) – Relative
This category of Residency is applicable to anyone who is the relative of a South African citizen or permanent resident within the first step of kinship. This also applies to adopted children.
The regulations that govern the relatives permit define a first kinship relationship as:
- Parent; and
- Child.
As the holder of Permanent Residency as a Relative the status will permit you to work, run a business or study with no further permissions required from the Department of Home Affairs.
As an example if you are seeking employment you can apply and take up the role exactly the same as a South African Citizen can. There is also no extra responsibility on the employer.