Should you apply for permanent residence or extend a temporary residence visa first?
Permanent residence is permanent in name only. Permanent Residence can be revoked under Section 28 of the Immigration Act for absences exceeding three years, criminal conduct, fraud at application, or termination of the qualifying basis (for example, divorce from the SA spouse on whose grounds PR was granted). Permanent residence is not citizenship and does not extinguish the underlying immigration status — it replaces it.
The decision to apply for permanent residence rather than extend a temporary residence visa depends on the following factors:
- Are you eligible to apply for permanent residence now or only in the future;
- Do you intend on making South Africa your permanent home;
- Will the qualifying basis remain stable for the next 5–10 years; and
- Do you intend on applying for South African citizenship in the future.
There are 11 specific permanent residence permit categories that one can apply under. Some of these categories which fall under section 26 of the Act are referred to as "direct residency", and others which fall under section 27 of the Act are referred to as "residency under other grounds". Deciding which category best suits you would depend on your current status and intent.
Section 26 — direct residence
Section 26 of the Immigration Act provides for permanent residence on grounds that flow directly from the applicant's status. The three sub-routes cover work continuity, spousal relationships, and dependent children.
- Section 26(a) — You are eligible to apply for permanent residence if you have been in possession of work visas for at least the past five consecutive years, with a permanent job offer secured in South Africa. A minimum of five years of work permits need to have been endorsed in a passport.
- Section 26(b) — You are eligible to apply for permanent residence if you have been espoused (by marriage or spousal relationship or combination of both) to a South African citizen or permanent resident for at least five years.
- Section 26(c) — You are eligible to apply for permanent residence if you are the dependent (under 21 years of age) of a citizen or permanent resident.
Section 27 — residence on other grounds
Section 27 covers permanent residence applications that do not flow from a status-based pathway under Section 26. The six sub-routes cover kinship, critical skills, business investment, refugee status, retirement income, and financial independence.
- Section 27(g) — You are eligible to apply for permanent residence if you are the relative of a citizen or permanent resident within the first step of kinship.
- Section 27(b) — You are eligible to apply for permanent residence if in possession of a critical skills work visa, as per the Critical Skills List published in the Government Gazette, AND you have accrued at least five years of verifiable post-qualification experience.
- Section 27(c) — You may be eligible to apply for permanent residence on the basis of your investment in an existing South African business or to establish and invest in a business of your own. This investment should be no less than R5 million, or a lesser amount as agreed by the DHA should the business enterprise fall within one of the prescribed National Interest sectors of the South African economy.
- Section 27(d) — You may be eligible to apply for permanent residence on the basis that you have held refugee status in South Africa for at least the past five years.
- Section 27(e) — You may be eligible to apply for permanent residence on this basis if you are able to prove that you receive pensions or irrevocable annuities amounting to no less than R37,000.00 per month for the rest of your life.
- Section 27(f) — You are eligible to apply for permanent residence on this basis if you are able to prove a net worth equivalent to no less than R12 million AND undertake to pay to the DHA a non-refundable once-off fee of R120,000.00 upon the approval of your application.
Can I lose permanent residence in South Africa?
Permanent residence permit certificates are issued based on category of submission. Permanent residence permits are issued with specific conditions which are endorsed on the certificates. Permanent residence permit holders are advised to read through the conditions carefully and, when necessary, to seek professional advice.
Conditions primarily include:
- As per Section 26(b): A permanent residence permit issued to the spouse of a South African citizen or permanent resident shall lapse if at any time within two years from the issuing of that permanent residence permit, the good-faith spousal relationship no longer subsists, apart from the case of death.
- As per Section 26(c): A permanent residence permit issued to the child under the age of 21 of a citizen or permanent resident shall lapse if such foreigner does not submit an application for its confirmation within two years of his or her having turned 18 years of age.
- As per Section 27(c): A permanent residence permit issued on the basis of a business shall lapse if the holder fails to prove within two years of the issuance of the permanent residence permit AND three years thereafter, to the satisfaction of the Director-General, that the prescribed financial contribution to be part of the intended book value is still invested.
All permanent residence permit holders are required not to be absent from the Republic for more than 3 consecutive years in order to maintain their status as valid.
