IMSC : PERMIT CATEGORIES
SOUTH AFRICA IMMIGRATION GUIDE BASED ON THE IMMIGRATION ACT,
ACT 13 OF 2002, as amended by Act No 19 of 2004 on 1 July 2005

COMPILED BY LIZA STROEBEL, DIRECTOR OF IMMIGRATION SOUTHERN CAPE

Introduction

Due to the increasing amount of enquiries on my website, I have decided to compile an effective immigration booklet to assist foreign nationals with a better understanding of the Immigration Act which came into effect on 8 April 2003. This Act has been amended on 1 July 2005.

This document is set out in a Question and Answer format, based on 10 years’ experience and the most frequently asked questions.

In terms of the new Act, it is possible to change the conditions of one’s permit INSIDE South Africa, I e from a visitor’s permit to that of a Business / Study / Retired / Relative Permit. A Work Permit must preferably be applied for at the office of the nearest South African Embassy in your country of origin. You may also apply for Permanent Residence inside South Africa.

However, before planning to enter South Africa as a tourist/visitor, you are kindly requested to avail yourself of visa requirements in terms of the South African Immigration Act. Whilst most countries are exempt from visa requirements prior to entering South Africa for tourist purposes, some countries are subject to obtaining a visa at the SA Embassy/Consulate prior to entering South Africa.

The under-mentioned are the most common categories:
 
1. BUSINESS PERMIT 5. VISITOR’S PERMIT
2.

RELATIVE PERMIT

 6.

VOLUNTEER PERMIT
3.

RETIRED PERMIT

 7.

WORK PERMIT
4.

STUDY PERMIT

 8. CITIZENSHIP
BUSINESS PERMIT
Q
Is it true that I must have R2,5 million available to invest into a new business or an existing business?
A
Yes, BUT if you have less than R2,5 million, then it is possible to obtain a business permit, as long as you can provide proof that the amount which you have available to invest, is realistic in terms of the type of business to be set up. Of course, there are certain criteria which must be met, I e certain sectors of the economy are highlighted in the Regulations. These are the following sectors:
•
Information and communication technology
• Clothing and textiles manufacturing
• Chemicals and biotechnology
• Agro-processing
• Metals and Minerals Refinement
• Automotives Manufacturing
• Tourism
• Crafts
 
 
If it involves a transfer of technology not previously generally available in the Republic of South Africa, this would be highly recommended.
 
Business Visas - A foreigner who enters South Africa to follow economic activities for a foreign employer, must be in possession of a Business Visa. Most member states of the European Union are exempted from Visa Regulations. The appropriate visitor’s permit will be issued to its citizens upon arrival in South Africa. This activity must be remunerated from abroad and can not exceed a period of six months.
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RELATIVE PERMIT
Q
Where does the Government of South Africa draw the line with the terminology “Relative”? Does that mean that any relative of a South African qualifies?
A
If you are one of the following, then you qualify for this very popular category.
• A parent(s) of a SA citizen/Permanent Resident
• A child of a SA citizen/Permanent Resident
• A brother/sister of a SA citizen/Permanent Resident
 
A spouse or life partner of a SA Citizen/Permanent Resident may only apply for Permanent Residence after 5 years of marriage or the commencement of a permanent spousal relationship.
 
Family members mentioned in par 1-3, are entitled to Permanent Residence, whereas no provision is yet made in the Act for family members mentioned in par 4 to qualify for Permanent Residence.
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RETIRED PERMIT
Q
I only want to remain in South Africa for 6 months at a time and have no desire to apply for Permanent Residence. However, I do not want to keep on renewing my temporary residence permit every time I have entered South Africa.
A
In terms of the new legislation, a retired person’s permit can be applied for, not exceeding a four-year period. The holder of such permit may sojourn in the Republic on a seasonal or continuous basis and is under no obligation to submit an application for Permanent Residence. However, there are certain financial requirements to be met.
Q
Is it true that one has to have R12-R15 million in order to qualify for Permanent Residence?
A
Each foreign national has to show a monthly income of R20 000 by way of a pension, retirement annuity or retirement account. Alternatively, the same amount by way of a combination of assets.

However, an amendment has been made and approved by the SA Cabinet to make provision for the spouse and dependant children of the Retired Permit holder, but this amendment must still be promulgated in the Government Gazette. Until such time, a waiver need to be applied for if the spouse cannot show R20000 per month
 
Q
Is it true that one has to pay the SA Government R75 000 for Permanent Residence?
A
Yes. This would only be in the case of Permanent Residence in terms of Section 27(f) described as a “minimum net worth” where the applicant should prove a minimum net worth of R7.5 million and having tendered R75 000 to the Department of Home Affairs. This is the category equal to the “financially independent” of the previous immigration legislation. However, a person is welcome to opt for the alternative category, I e “retired” with a lesser requirement and with no age restriction.
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STUDY PERMIT
 
Q
Is it true that a student studying at a private school, does not require a study permit?
A
No, definitely not. Every foreign student who wishes to study at a primary, secondary or tertiary educational institution or any other bona fide institution of learning, INCLUDING but not limited to professional, training, cultural, technical, research, vocational, sportive, language and entertainment institutions of learning.
Q
Is a student at a technikon, college or university allowed to work?
A
(Check sect 13(3)(a)) Yes, PROVIDED that it is a part-time job and not exceed 20 hours/week. However, this shall not apply to academic vacation periods. The Registrar of the Educational institution must consent to it in writing.
Q
May I, as a student, conduct work in the form of practical training in a field related to my studies?
A
Yes, provided that the Registrar confirming that practical training is required or advantageous to complete the intended study experience AS WELL AS a letter from the prospective employer, offering practical training.
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VISITOR'S PERMIT
Q
This permit seems to have a somewhat varied meaning. When do I qualify for a visitor’s permit?
A
Once you enter the country on any permit other than mentioned in this booklet, you will be entered for a period of three (3) months only. This permit is renewable upon a formal application being submitted at least 30 days before the permit expires. It is for the purposes of temporary stay, and includes, but not limited to, tourism, business, education shorter than three months, medical treatment shorter than three months, visit of a relative shorter than three months and working activities shorter than three months conducted in pursuance of an employment contract concluded abroad, remunerated abroad and partially calling for performance abroad.
Q
I entered South Africa as a tourist – am I allowed to change the conditions of the permit inside South Africa or do I have to leave and apply from the outside?
A
No, you do not have to leave, you are entitled to submit an application within in your domicile area to change the conditions of your permit.
Q
I have property in South Africa and wish to remain in SA for 3-6 months per year. However, I am only granted a 3 months permit when I enter SA. Can I stay longer or do I have to leave?
A
Yes, you are allowed to stay longer – You have the right to apply for an extension of your temporary residence permit once, provided that you meet the requirements, I e a valid onward airline ticket or a cash deposit of equivalent value to such a ticket as well as proof of financial means to cover envisaged living expenses during their sojourn in the RSA.
 
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VOLUNTEER PERMIT
Q
I would like to volunteer my skills to the South African community. Is this possible and for how long am I allowed to stay and what does this category entail?
A
If you can prove your skills by producing a certificate/diploma in a specific area and have an offer of voluntary employment from a reputable institution in South Africa, then you are welcome to enter South Africa on a normal tourist permit (provided you are exempt from visa conditions) and then apply for this permit inside South Africa. This type of permit may be issued for a maximum period of 3 years.
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WORK PERMIT
Q
How easy is it to obtain a Work Permit?
A
South Africa, like all other countries, is committed to protect its own people as far as employment is concerned. An employer has to show proof that no South African citizen / Permanent Resident is available to fill that position. The Department of Manpower will also be requested to submit inputs. There are 4 different kinds of work permits, I e General Work permit, Quota Work Permit, Exceptional Skills Work Permit and an Intra Company Transfer Work Permit.
Categories of work permits:
• General Work Permit: This is for a foreigner who does not qualify for any of the other categories
• Quota Work Permit: This is for a foreigner who falls into a specific professional catgory or occupational class.
• Exceptional Skills Work Permit: This is for a foreigner who possesses exceptional skills or qualification
  • Intra Company Transfer Work Permit: This is for a foreigner who is employed by a business that operates in South Africa through a branch, subsidiary or affiliated relationship.
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CITIZENSHIP
In terms of the Citizenship Act, Act No 88 of 1995, it is imperative to enter and leave South Africa with their South African passports. Failure to adhere hereto, may result in a spotfine imposed at the Port of Entry.

South Africans, when relocating to another country, can lose their SA Citizenship if they formally apply for that country’s citizenship. Should they desire to return to South Africa permanently, it is advisable to apply for a Determination of Citizenship on a formal BI-529 obtainable from Immigration Southern Cape.

This is, however, a timeous procedure and should be done in good time.
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