Processing time: 5 to 10 working days

Study Exchange

Cultural, Economic and Social Exchange

Work Exchange

1.      The position exists

2.      The remuneration of the foreigner complies with labor requirements

3.      The employer will provide for the welfare and needs of the foreigner whilst in his employ

4.      Will inform Department of Home Affairs if the foreigner does not comply with the terms and conditions of his/her permit or leaves the Republic

5.      The applicant will leave when his/her permit expires

Note: The holder of an exchange permit under work category may not conduct work other than the work for which the permit is issued.

Processing time: 5 to 10 working days

3. WORK PERMITS

Work permits are issued to all foreigners intending to take up employment in South Africa.

Work Permit - Quota Work

This work permit category is issued to pre-determined number of employees needed in a particular occupational category determined by the Minister.

       See basic requirements:

(Within 90 days of admission, the holder of a quota permit shall submit to the Director General confirmation of having secured employment within the category or class contemplated in Section 19(1) of the Act and within every 12 months thereafter, confirmation of continued employment within that category or class.)

Work Permit - General Work

Work Permit - Exceptional Skills

Work Permit - Intra Company Transfer

1. The foreigner leaves South African at the end of two (2)years
2. Ensure the applicant’s passport is valid
3. The foreigner shall be employed in the position for which the permit was issued

4. CORPORATE PERMIT

This is a permit issued by the Department to a corporate applicant. A corporate applicant is defined as a juristic person established under the laws of South Africa or foreign country as a corporation to employ foreigners to conduct work for such an applicant. The following will be employed under corporate permit: seasonal workers and workers on foreign state labor agreement. The following documents must be submitted before a corporate permit can be issued:

1. The foreigner has a valid passport
2. The foreigner is employed only in the specific position for which the permit was issued
3. The foreigner leaves South Africa on completion of his/her tour of duty

Corporate Worker (General Categories)

Corporate Worker (Agreement with Foreign States)

Corporate Worker (Seasonal Workers/Farm Workers)

Processing time: 5 to 10 working days

5. BUSINESS PERMIT

1. A business plan outlining feasibility of the business

2. Proof that at least five (5) citizens/permanent residents shall be employed

3. An undertaking to register with SARS

4. Proof of registration with the appropriate board/council/body

1. Information and communications technology

2. Clothing and textile manufacturing

3. Chemical and bio-technological industry

4. Agro processing industry

5. Metal and mineral refinement industry

6. Tourism industry

7. Automotive and manufacturing industry

8. Crafts

Processing time: 5 to 10 working days

5. MEDICAL PERMIT

Processing time: 5 to 10 working days

6. RELATIVE’S PERMIT

Processing time: 5 to 10 working days

7. RETIRED PERSONS PERMIT

Worker

1.      A pension with a minimum value of R20,000 per month or an irrevocable retirement annuity or retirement account to the equivalent amount or

2.      A combination of assets realising R20,000 per month

Non-Worker

1. A pension with a minimum value of R20,000 per month or an irrevocable retirement annuity or retirement account to the equivalent amount or

2. A net worth providing an income of at least R20,000 per month

Processing time: 5 to 10 working days

8. TREATY PERMITS

A Treaty Permit is a permit issued to a foreigner conducting activities in South Africa in terms of an international agreement to which South Africa is a party.

1. The nature of the programme and the treaty under which it is conducted
2. The fact that the relevant foreigner participates in such programme
3. The type of activities that the foreigner is expected to perform under such programme and the duration thereof and whether he or she is expected to conduct work

Processing time: 5 to 10 working days

PERMANENT RESIDENCE

SECTION 26 – Direct Residence

SECTION 27 – Residence on Other Grounds

Introduction

The issuing of a permanent residence permit entails that a foreigner is entitled to reside in South Africa on a permanent basis, with all the rights, responsibilities and obligations of a South African citizen, with the exclusion of certain rights such as the right to automatically vote in elections and the right to use a South African passport.

One of the objectives of the Immigration Act 2002, as amended, is to facilitate applications by needed foreign labor. It aims at setting in place a system of immigration control, which would ensure that permanent residence permits are issued as expeditiously as possible and on the basis of simplified procedures and objectives and reasonable requirements and criteria, taking into consideration that the contribution of foreigners in the South African labor market should not adversely impact on existing labor standards and the rights and expectations of South African workers.

Processing fee for Permanent Residence Permits - $283.00 Canadian

Processing time: 12 to 18 months 

Categories under which an application may be lodged

1. Section 26 - Direct Residence

Section 26 (a)

This category applies to a foreigner who has been resident in South Africa on a work permit period of five years and who has received a permanent offer of employment

Section 26 (b)

This category applies to a person who has been the spouse of a South African citizen/permanent resident for a period of five years, provided that a good faith spousal relationship exists and on condition that the permit shall lapse if, within two years after the date of the issue of permanent residence permit the relationship no longer exists, except in the case of death.

Form BI-1712A    (Affidavit in respect of Parties to a Permanent Spousal Relationship)

Section 26 (c)

This section applies to a child of a South African citizen or permanent resident under the age of 21 years. A permanent residence permit under this section is issued on condition that the permit shall lapse, unless an application for its confirmation is submitted within two years after the date in which the child turns 21 years of age.

Section 26 (d)

This section applies to the child of a citizen and no age restriction applies. Since the child of a South African citizen by birth or by descent normally qualifies for South African citizenship on the basis of his/her parents’ citizenship status, this category is applicable to South African citizens by naturalization.

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 South Africa in terms of Section 27 (g)

2. Section 27 – Residence on Other Grounds

Section 27 (a)

This section applies to a foreigner who is in possession of a permanent work offer in the Republic of South Africa and such work offer complied with the following provisions or conditions:

Section 27 (b)

This section applies to prospective immigrants who have exceptional skills and qualifications.

Section 27 (c)

This section refers to a foreigner who:

The chartered accountant of an applicant who applies under this category, must certify that at least R2, 500 000 has been invested as part of the book value of the business and in addition, that the following requirements have been met:

1. A business plan outlining the feasibility of the business, both in short term and long term
2. Proof of an undertaking that at least five South African citizens or permanent residents shall be employed
3. An undertaking to register with the South African Revenue Service (SARS)
4. Proof of registration with the relevant body, board or council.

The Director General may waive or reduce the specific capitalization requirement for business that are regarded to be in national interest, or if an when the Department of Trade and Industry makes a request to this effect.

Businesses that are deemed to be in the national interest:

Section 27 (d)

This section refers to refugees as referred to in the Refugees Act of 1998.

Section 27 (e)

This section refers to foreigners who intend to retire in South Africa as a permanent resident. 

Should a foreigner meet these requirements, his/her spouse and children under than age of 21 will also qualify to apply for permanent residence in South Africa in terms of Section 27 (g).

PERMANENT RESIDENCE PERMIT APPLICATION

Basic requirements for all categories:

Please send a self-addressed stamped envelope (size A-4 30x24cm) to our office requesting this form

Fee - $283.00 Canadian

Processing time: 12 to 18 months

APPLICATION FOR PROOF OF PERMANENT RESIDENCE

Please note: A person loses his/her Permanent Residence Permit when he/she is out of the country for continuous three (3) years according to the Immigration Act and according to the repealed Aliens Control Act, continuous 3 years results in automatic lapse of the permit.

Requirements:

Processing time: 6 to 12 months