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Home > Global Connection > SOUTH AFRICA IMMIGRATION LAW
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immigration / Residence Visa
Immigration

Foreigners are, by law, not permitted to enter or sojourn in SA with a view to permanent residence unless s/he is in possession of immigration permit issued in terms of Section 25 of the Aliens Control Act.

An application for an Immigration permit must be submitted in the country of which the applicant holds a valid passport or in which s/he normally resides. Applications are to be submitted to the South African Mission abroad. All applicants are subject to a compulsory interview.

Work permit holders and dependants of SA citizens (who possess valid permits) must be residing legally in the country to enable them to apply for Immigration permits.

The Republic of South Africa can accommodate only a certain number of immigrants. There are valid reasons for this. In the first instance South Africa has a vast reserve of unskilled and semi-skilled workers who are entitled to employment opportunities and to an economically viable lifestyle for themselves and their families. For this reason no one in the unskilled and semi-skilled categories will normally be accepted as an immigrant worker in South Africa.
  1. Immigration in the category of prospective job-seekers is not open. But after obtaining a confirmed job offer from South Africa, one can apply for a Work-Permit .
  2. Doctors, who are interested to immigrate would be judged on their individual merits and the procedure of deciding the application is based on a Government to Government basis.
  3. Students who wish to study in South Africa must contact the Universities directly and enrol before applying for a study-permit.
  4. A foreigner is permitted to apply for a Permanent Residence Permit if he falls in any one of the following categories.
a) Workers

Age group usually between 18-51

Firm employment offer

Registration with a relevant South African body

Motivation from employers as to the necessity for a foreigner to fill up the post

b) Family Reunion Scheme

Economically active but without a firm employment offer

Family undertaking to assist the applicant and his family financially

Processing fees as enumerated above

c) Spouses and children

Spouse of either South African citizens or Permanent Residents of RSA

Proof of Marriage

Proof of income like a salary/bank statement/ sufficient means to support spouse and any dependents.

d) Persons who are sponsored

Destitute, aged or infirm family member

Proof of income of sponsor/ means to support the applicant

In case of being financially self-supporting, applicant must apply in own right eg- as retired

e) Retired persons

Documentary proof of financial assets readily transferable to RSA

Extent of amount transferable and / or assurance of a continued income of sufficient extent from abroad

f) Fiance(e)'s

Engaged to South African citizens or P.R. permit holders

Considered to be acceptable in their own right.

g) Financially independent persons (no age restriction) eg: investors
  1. Transfer of an amount of R15,00,000 (or INR 75,00,000) to South Africa of which R7,00,000 (or INR 35,00,000) must be invested in the S.A. economy for 3 years either as a deposit with a financial institution or through acquisition of an immovable property. After the 3 yrs, if this fails then their Immigration permits would be withdrawn.
  2. Refrain from working or establishing own business without DHA approval.
  3. Notify DHA of any change of address during the 3 yr period.
h) Own Business (no age restriction)

Provide sufficient funds for their and their families' maintenance.

Transfer minimum amounts as determined by the Immigrants Selection Board (with / without consulting other bodies) as sufficient to establish such businesses, taking due consideration of their nature and extent.

After a year, must submit audited financial statements, documentary evidence of at least two South Africa citizens or Permanent residents (other than family members) working in the company and documentary evidence that the amounts as determined by the ISB have been utilised for the intended purposes.

Submit a feasibility study of any new business you wish to start.

i) Own business in Partnership or Co-operation (with one or more persons or continuing an established business)

After a year, must submit evidence of contributing substantially to the South African economy.

Proof of full-time employment of at least two South African citizens or Permanent residents excluding family members.
  1. Applicants should not place themselves in specific categories. They would be subjected to a personal interview by a High Commission official.
  2. For an extension of the Permanent Residence Permit / Immigration Permit, the following documents need to be submitted:
    1. BI-1057 :
    2. Medical Report :
    3. Radiological Report :
    4. Police Clearance Certificate :
    5. Fee of $88 per individual :
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