Private Edition
View some of our most desired properties in our exclusive online magazine: Private Edition
Immigrating to South Africa
How do I get permanent residence ?
- If you have held a Work Permit for a period of at least 5 years and have been offered permanent employment. This permit extends to your spouse or life partner and children under the age of 21.
- If you have been married to, or a life partner of, a South African citizen or permanent resident for at least 5 years
How do I go about obtaining a work permit?
Employers are required to advertise the position offered to the foreigner, as well as demonstrate in writing who has applied for the position advertised and the reasons why these applicants were not suitable.An ‘Evaluation Certificate for Foreign Qualifications’ of the highest certificate of education also need to be submitted on behalf of an applicant. Such a certificate is issued by SAQA (The South African Qualifications Authority) and is used to compare foreign qualifications with South African qualifications.
In addition, a benchmarking procedure has been introduced, which is to confirm that an applicant’s overall salary and conditions of an employment contract is not inferior to that paid to employees in South Africa, within the same market segment.
A separate certificate confirming the above is now required by every applicant, and can be issued by either the Department of Labour or registered organizations offering benchmarking services
What is a Quota Work Permit?
This permit is granted to a limited number of applicants per year, who qualify in certain industry sectors with proven specified knowledge, qualifications and experience.The applicant’s qualifications must be approved by SAQA; and based on this, the Department of Home Affairs decides within which category the applicant falls when granting a quota work permit.
Following this, the applicant is given 90 days to find employment within which category the applicant falls when granted a quota work permit.
Foreigners with exceptional skills or qualifications (independent of the work categories) may obtain a Work Permit based solely on such abilities and qualifications, without any proof of an employment offer. Additionally, the Department will grant Work Permits on the grounds of secondment or intra-company transfers of employees.
Who is able to apply for a Business Permit?
Investors and entrepreneursare able to apply for a Business permit, which now has no maximum limit to its duration. However, it remains to be seen for what duration a business permit is now issued for each individual case.How do I apply for a Business Permit?
You would need a chartered accountant to certify the availability of:- An investment of R2.5 million cash into the book value of the business, or
- The availability of a capital contribution of at least R2.5 million as investment into the book value of the business, or
- Or, the availability of a cash investment of R2 million as well as a capital contribution to the value of R500 00
The amount to be invested is not required on submission of such application, however, it must be invested within 24 months and proof of this must be presented to the Department of Home Affairs.
If you wish to decrease or apply for a waiver in terms of the capitalization of the business, you need to provide the following:
- A letter of recommendation by the Minister of Economics, or
- It must be shown that business, whether planned or already existing, is within a sector of industry which is in the national interest
- A comprehensive business plan
In addition, all investors or entrepreneurs looking to invest in an existing business are required to submit the last annual financial statement and the articles of association.
This business would be required to create at least 5 positions for either South African citizens or holders of a permanent residence permit who would need to be employed within the first twenty four months of the business operating.
What is a Retired Persons Permit?
A retired persons’ permit can be issued for up to four years and can be extended for four years at a time.The holder of a permit may reside in South Africa permanently or seasonally – a minimum stay within in South Africa stipulated in the former Immigration Act, no longer applies.
The applicant must provide proof of either a pension, retirement annuity or retirement account with a minimum value of R20 000 per month or assets, regardless of the value, which generate a monthly income of at least R20 000 per month.
The Department of Home Affairs currently applies the above mentioned funds as income/assets for both partners together.
