The Republic of South Africa can only accommodate a certain number of immigrants. The country has a vast reserve of unskilled and semi-skilled workers who are entitled to employment opportunities and to an economically viable lifestyle therefore foreigners in the unskilled and the semi-skilled categories cannot be accepted as immigrant workers. Because of the considerable need for the creation of job opportunities for South African workers as well as for their training and development, South Africa cannot afford to grant permits for immigration to persons who are not seriously committed to immigrating to the country permanently and to investing their assets, skills, knowledge and experience for the benefit of themselves and the people of South Africa.
The objectives and functions of immigration control are as follows ( with special reference to Section 2 of the Immigration Act, 2002 (Act 13 of 2002):
Section 2(1)
In the administration of this Act, the Department shall pursue the following objectives:
Section 2(2)
In order to achieve the objectives set out in subsection (1), the Department shall monitor and exact compliance from any person or entity exercising responsibilities or bearing duties or obligations in terms of this Act.
which subject to Section 25 of the Immigration Act (2002), the Department shall issue permanent residence permits to four categories of foreigners who are dealt with in Section 26(a-d)
26 (a) refers to a foreigner
Should a foreigner meet the above requirements, his/her spouse and children under the age of 21 years will likewise qualify for permanent residence in the RSA in terms of Section 27 g)
26(b) refers to a spouse of a SA citizen/permanent resident provided that:
26(c) refers to a child of a citizen or permanent residence under the age of 21 provided that:
26(d) refers to a child of a citizen above the age of 21.
The Department may issue a permanent residence permit to foreigners of good character who qualify for permanent residence status in terms of one of the categories in Section 27 (a-g) of the Act.
The above applications may be submitted at any regional office of DHA. Except for persons mentioned in Sections 27 (a) and (c), who must submit their applications at a regional office in the province where they are employed or where the business is established/invested into.
Section 27(a) Refers to a foreigner;
Should a foreigner meet the above requirements, his/her spouse and children under the age of 21 years will likewise qualify for permanent residence status in the RSA, in terms of section 27(g).
Section 27(b) refers to a foreigner who has demonstrated to the Department’s satisfaction, his/her possessing extraordinary skills or qualifications.
Should a foreigner meet the above requirements, his/her immediate family members will likewise qualify to apply for permanent residence in the RSA in terms of Section 27(g).
Section 27(c) refers to a foreigner who:
All three of which must invest or have already invested the prescribed financial contribution which shall be part of is part of the (intended) book value of the business, as certified by the chartered accountant. The Department may waive or reduce the specific capitalization requirements for business which shall from time to time be published , if such a step will be in national interest, or if when the Department of Trade & Industry makes a request to this effect.
The business to be established must be in line with one of the following sectors:
Once permanent residence status has been acquired under this section of the Act, the person concerned has to renew the certification of the chartered accountant two years after permanent residence status has been granted, and again three years later. Failure to do so shall result in the permanent residence permit to lapse. Should a foreigner meet these requirements, his/her spouse and children under the age of 21 will likewise qualify for permanent residence in terms of section 27(g). Section 27(d) refers to refugees as referred to in section 27(c) of the Refugees Act, 1998 (Act 130 of 1998). Should a refugee meet these requirements, his/her spouse and children under the age of 21 will also qualify to permanent residence in the RSA in terms of Section 27(g).
Section 27(f) refers to foreigners who intend to retire in the RSA (no specific age limit) provided that a chartered accountant certifies that the person concerned has:
Should a foreigner meet these requirements, his/her spouse and children under the age of 21 will likewise qualify for permanent residence in the RSA in terms of Section 27(g).
Should a retired person wish to work in the RSA, he/she must submit a contract of employment and proof that a South African citizen/resident is not available for the occupation applied for.
Should a refugee meet these requirements, his/her spouse and children under the age of 21 will also qualify for permanent residence in the RSA in terms of Section 27(g).
Section 27 (f) refers to a foreigner who has provided a certification by a chartered accountant that he/she has a prescribed minimum networth of R12M and has paid a prescribed fee of R120,000.00 to the Department.
Should a person meet the above requirement, his/her spouse and children under the age of 21 will also qualify to apply for permanent residence in the RSA in terms of Section 27(g).
Section 27(g) refers to a relative or a citizen/resident within the first step of kinship (parents, children and spouses). Specific regulations to be considered are regulations 2, 33(8), 33(20) 33 (21) and 33 (22).
A personal interview is required for all applicants, 21 years and above. Interviews will be conducted by this office or by other South African Missions in North America depending on applicant’s point of residence. If a personal interview is not feasible for the reason that applicant’s point of residence is of great distance from/to the respective South African Mission, a telephonic interview will be considered. Interviews will be arranged by the respective Missions provided that all requirements have been duly complied with by the applicant.
U.S. $127.00: Administrative fee in respect of a formal application for an immigration permit per individual or per family. The fee is non-refundable irrespective of whether the application is approved or not. This is payable upon submission of the formal immigration application.
All fees are non-refundable and must be paid in money order or certified bank check payable to the South African Consulate General-New York.
Formal Applications: 12-18 months
Issuance and Validity of an Immigration Permit
Immigration permits are issued by the Regional Offices of the Department of Home Affairs in South Africa. These permits are forwarded to this office for onward transmission to applicants. The validity period of an immigration permit is twelve (12) months. If the person is unable to arrive in the Republic within this period, an application for extension must be submitted to this office prior to the expiration date. Extensions are granted for a maximum period of six months and require a fee of US$255.00.
The Minister may withdraw an immigration permit by notice in writing and will order the holder of such permit to leave the Republic within the period indicated in the notice on the basis of the following:
Changes relative to policy matters, legislation and regulations may eventuate at any time subsequent to the above information. It is the responsibility of the reader of this document to make sure at all times that the information contained herein is still relevant. It is therefore suggested that enquiries be made at regular intervals to this office, the nearest South African Mission abroad or the Department of Home Affairs in South Africa.