immigration

DISCLAIMER: All information about the immigration policy in South Africa is meant to provide an overview of the most important provisions of the new Immigration Act and as such does not constitute legal advice!
   
The new Immigration Act of 2003 is designed to regulate the admission of foreigners to South Africa, and their temporary and permanent residency in this country. Applications for permits may be made to a South African Consulate in the foreigner´s country of origin or the Regional Office of the Home Affairs in South Africa. There is also the possibility for a change of status while in the Republic, for example changing from a work permit to a permanent residence permit.The new Act provides for various categories of permits with different specifications that need to be adhered to. The most relevant permits are the Visitor´s Permit, the Business Permit, the Retired Person Permit, the Work Permit, the Corporate Permit and the Permanent Residency.

Temporary Visitor´s Permit
The visitors permit, granted for a period of 3 months, at the port of entry can be extended upon application by up to two further periods of 3 months upon presentation of: a valid passport, a return ticket to the country of origin, proof of sufficient funds to cover the living expenses while in South Africa and a health insurance. It is possible to extend the permit for a period of more than 3 months but not longer than 3 years during which time the applicant must demonstrate his ability to sustain himself in the country. Application to extend permits must be made at least 30 days before the expiry of the visitor's permit (i.e. in the second month of stay) The application fee is R425.

Business Permit
A business permit is issued to a foreigner (with immediate family) who intends to establish, or to invest in, a business in South Africa, provided that: At least R2,500,000 (section 15, Regulation 24) in value is invested as part of the book value of the business – or a chartered accountant certifies compliance with the provisions of the Act, for example: proof that at least 5 citizens/residents will be employed or proof that the business contributes to the economic spread of the economic activity or proof of the business track record of the applicant. Business permits may be issued for a period up to 24 months. The application fee is R1,520.

Retired Person Permit
Retired persons can now apply for a 'retired person' permit valid for 4 years provided that the following requirements are met: The applicant must prove a monthly pension / annuity of R20,000 from his
country of origin alternatively prove a net worth of R12m providing a monthly income of no less than R15,000. In general retired persons can be authorised to conduct work under certain circumstances.
Such authorisation may be granted for a period of three years but shall not exceed the validity of the temporary permit. After the four-year period, the permit can be renewed one or more times. Furthermore, the holder of such permit can reside here permanently or seasonally for the duration of the permit. The application fee is R1,520.

Work Permit
There are 2 types of work permit which can be issued: A 'Quota Work Permit' is issued to a foreigner who falls within the category as prescribed from time to time and a 'General Work Permit' - issued if the prospective employer can show that it was unable to employ a person with equivalent qualifications in the Republic of South Africa. The application fee is R1,520.

Corporate Permit
Issued to a corporate applicant which needs to employ foreigners to work for it in South Africa. The application fee is R1,520.

Permanent Residence
The holder of a permanent residence permit has all the rights, duties and obligations of a citizen, except for those which are restricted to citizens (eg voting rights). The new Act provides for permanent residence to be issued to successful applicants in the following categories:
- a foreigner who has held a work permit for at least 5 years;
* spouse or child or relative within the first step of kinship of a citizen or of a foreigner holding a
residence permit;
- a foreigner who has received an offer of permanent employment in South Africa in a position
which cannot be filled locally;
- a foreigner who has extraordinary skills or qualifications;
- a foreigner who intends to establish a business in South Africa, and who complies with the
requirements for a 'business permit';
- a foreigner who intends to retire to South Africa, and who complies with the requirement for a
retired person's permit;
- a foreigner who has a net worth of at least R12 million with a monthly income of R15,000

The application is a relatively lengthy one though the new Act attempts to shorten the processing period (around 6/8 months' waiting period from date of lodging complete application); Note: it is now possible to lodge an application for permanent residence as a 'Life Partner' provided that a good faith spousal relationship exists and that one of the partners is a resident or a citizen in South Africa; A permanent residence permit may be withdrawn inter alia if the holder thereof has failed to take up residence in South Africa within one year of issuance of the permit, or if the holder thereof has been absent from the Republic for 3 years; In certain circumstances, applicants can be exempted from the financial criteria as prescribed in the Act; The application fee is R1,520.