Consular Hours
(excl. public holidays)

Applications and enquiries must be addressed to the SA Consulate General in Toronto.

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 righ 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 taking into consideration the contribution of foreigners in the South African labor market should not adversely impact on existing labour 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

The following documentation must be submitted with a permanent resident application Form DHA – 947 and the specified requirements relevant to the category of application Aligned to the Immigration Act, the following categories of Permanent Residence Permits can be applied for:

1. Section 26 - Direct Residence:

Section 26(a) – Foreigner with five years continuous work permit status
This category applies to a foreigner who has been a holder of a work permit, including one issued under a corporate permit, in terms of this act for the period of five years and has proven to the satisfaction of the Director-General that he or she has received an offer for employment.

Section 26(b) – Spouse of a South African Citizen or permanent resident for a continuous period of five years
This category applies to a person who has been the spouse of a South African Citizen or permanent resident for a period of five years, provided that a good spousal relationship exists and on condition that the permit shall lapse if, within two years after the date of issue of the 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) – Child of a South African Citizen or permanent resident under 21 years of age
This section applies to the child of a South African Citizen or permanent resident under the age of 18 years. A permanent residence permit under this section is issued on condition that it shall lapse, unless an application for its confirmation is submitted within two years after the date on which the child turns 21 years of age.

Section 26(d) - Child of a South African Citizen
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 descent qualifies for South African citizenship on the bases of his/her parent’s 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 aply for permanent residence in South Africa in terms of Section 27(g).

Section 27 - Residence on Other grounds.

Section 27(a) – Worker

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:

• Proof that the post exists, was advertised in the printed media and that no suitably qualified South African citizen or permanent resident could be found to fill the position
• In respect of whom the Department of Labor certified that the terms and conditions of such offer, including salary and benefits, are not inferior to those prevailing in relevant market segment for citizens/permanent residents, taking into account the aplicable collective bargaining agreements and other applicable standards if any
• The applications falls within the yearly limits of available permits prescribed from time to time for each sector of industry, trade and commerce.
  
  

Section 27(b) – Person possessing extra-ordinary skills or qualifications

• This section applies to prospective immigrants who have exceptional skills and qualifications.
• In order to demonstrate exceptional skills or ualifications to the satisfaction of the Department, applicants under this category must submit a letter from a foreign or South African organ of State, or from an established South African academic, cultural or business body, confirming the aplicant's exceptional skills or qualification.
• In addition, testimonials from previous employers, comprehensive cuuriculum vitae, publications or any other proof to substantiate exceptional skills or qualifications must be submitted.
  

Section 27(c) – Person who wish to establish or invest in an existing business

This section refers to a foreigner who:

• Intends to establish a business in South Africa; or
• Already holds a business permit to conduct a business in South AFrica; or
• Intends to invest in an existing business in South Africa.
• 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 Rvenue 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 and when the Department of Trade and Industry makes a request to this effect.

Businesses that are deemed to be in the national interest:

• Information and communication technology
• Clothing anc textiles
• Chemicals and biotechnology
• Agro processing
• Metals and minerals
• Automotives and transport
• Tourism
• Craft

Section 27(d) – A refugee as referred to in Section 27(c) of the Refugees Act

This section refers to foreigners who intend to retire in South Africa as permanent residents:

• Proof of documents must be submitted that the applicant has the right to a pension or an irrevocable annuity or a retirment account, any of which will give the person a minimum income of R20,000.00 per month for the rest of his/her life;
• Alternatively, a foreigner may also qualify for a permanent residence permit under the category, if he/she could provide proof of a combination of assets realising an income of R20,000.00 per month.

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

 

Section 27 (e) – A retired person
(This category is applicable to a foreigner that intends to retire in the Republic, provided that such foreigner proves to the satisfaction of the Director-General that he or she has:-

The right to a pension, or an irrevocable annuity, or a retirement account which will give such a foreigner a minimum prescribed amount for the rest of his/her life
OR

• That the person concerned has a minimum prescribed net worth.)
  

Section 27 (f) – Financially independent
(This category is applicable to a foreigner who has proven to the satisfaction of the Director-General she or he has a prescribed minimum net worth; and has paid a prescribed amount to the Director-General)

Section 27 (g) – A relative of a South African Citizen or permanent resident within the first step of kinship
(This category applies to a foreigner is a relative of a citizen or a permanent resident within the first step of kinship)

 

PERMANENT RESIDENCE PERMIT APPLICATION: FEE CAN$283.00

• BI-947 Permanent Residence Permit application form
• BI-9 A full set of fingerprints (Please send a self addressed stamped envelope, Size A4, to our office requesting this form
• Marriage certificate/proof of spousal relationship, if applicable;
• Divorce decree/proof of legal separation, if applicable;
• Proof of custody/maintenance, if applicable;
• Death certificate, in respect of late spouse, if applicable;
• Consent of parents, in respect of minors, if applicable;
• Proof of judicial adoption, if applicable;
• Police Clearance from any country the applicant has resided for a period of 12 months or longer since the age of 18;
• Valid temporary residence permits, if already in South Africa;
• Please send a self addressed stamped envelope, size A-4 to our office requesting this form.
• Fee - $283.00 Canadian

Processing time: 12 - 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:

• BI - 1620E Proof of Permanent Residence Form
• Certified copy of South African Identity Document
• Certified copy of South African Permanent Residence Certificate
• Fee - $13 Canadian

Processing time: 6 - 12 months