Proof of Permanent Residency (PR)

SA Migration | 05 Jan 2023

Why does one do this

Obtaining permanent residency is your ticket to securing a full-time residency in South Africa. This alleviates the headache of renewing your visa every few years while still enabling you to enjoy every moment of your stay in South Africa. This is why we call it “Permanent” residency. It is important to make sure that you look after your PR certificate.

While obtaining your permanent residency is a joyous occasion, it is important to be able to produce a proof of permanent residency (PR) upon request.

A PR certificate is issued upon successful application for your permanent residency. The Department of Home Affairs (DHA) will only issue you this certificate once, therefore obtaining a certified copy and looking after your original copy is very important. The only time you will need to take your PR Certificate out of its safe place will be upon exiting South Africa and entering a new country. Obtaining a proof of residency letter can confirm your status and the legitimacy thereof. This can also function as a back-up if you lose your original copy – saving you loads of stress if things don’t go your way.

If you happen to misplace your certificate, it is not the end of the world. Although you may only receive the certificate once, the application for “confirmation of status” – solidifies your status as a permanent resident. This letter comes in the form of a permanent residency letter, which can be applied for before or after misplacing your original proof of permanent residency. You know the saying, better safe than sorry, as this letter can take upwards of 6 months to be approved. Try and obtain your confirmation of status letter as soon as possible!

Once you have obtained permanent residency certificate for South Africa, you need to make sure that you comply with any conditions listed on the bottom of the A4 page. If you are unsure about how to comply with the conditions on your permanent residency certificate, make sure to obtain legal advise so you do not invalidate all of the hard work that you have done to obtain your certificate. You also need to apply for your South African identity book and convert your driver’s license to a South African version.

To apply for naturalization as a South African citizen: If you are a permanent resident of South Africa and you want to apply for naturalization as a South African citizen, you will need to provide proof of your permanent residency status as part of the application process.

If you leave South Africa and do not return after three or more years, your permanent residency is at risk of being revoked.  It is strongly suggested to seek professional legal advice. This is only if you are leaving the country for extended periods at a time.

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Canada is banning foreigners from buying property – what it means for South Africans looking to work or study there

3 January 2023 – Businesstech

Canada has introduced a new law banning foreigners from buying residential property until 2025 – however, this will not apply to South Africans migrating to the North American nation.

The ban on foreigners buying residential property comes after a spike in Canadian home prices since the start of the Covid-19 pandemic.

Canadian politicians, including Prime Minister Justin Trudeau, blamed foreign investors for buying large amounts of properties as investments – damaging supply.

However, South Africans planning to immigrate to the nation will not be affected as the ban does not apply to foreign nationals in the country living as permeant residents.

According to the new laws, Canadian citizens and permanent residents are exempt from the ban, while other prospective buyers face various different rules.

International students and foreign workers are allowed to purchase one property, as long as they have lived in Canada for a certain number of years and have signalled their intention to become permanent residents.

For workers, they would have had to have worked in Canada for three out of the four years prior to buying a property. Students, meanwhile, have to be present in Canada for 244 days each year for five years prior to buying. International students cannot buy a property for more than $500,000.

South Africans who migrate to Canada via the popular Express Entry Program for skilled workers are considered permanent residents and thus eligible to purchase residential property.

South Africans who are not permanent residents of Canada are ineligible to buy property in the North American nation as an investment for the next two years. However, according to statista, the average house price in Canada is over R12.3 million (C$ 27,300), which means that many South Africans likely cannot afford to buy property in Canada.

Other exemptions are also found in the new law. Refugees are also eligible to buy property. Moreover, the ban will not apply to recreational properties such as summer cottages, instead focusing on city dwellings. In addition, residential properties with more than three units are still available to purchase.

Speaking on CTV News, Tom Storey from Royal LePage said that the ban would most likely help Canadians buying their first residential property from competing against foreigners who do not live in Canada.

A popular destination for South Africans

Although Canada’s attempts to limit foreign ownership of residential property may sound unwelcoming, the North American country is still an incredibly popular immigration destination for South Africa.

From 2015 to 2022 Q3, 2.4 million foreigners migrated to Canada – including 11,210 South Africans.

Last year, the Canadian government updated its Immigration Levels Plan for 2023-2025, hoping to add 500,000 immigrants a year by 2025.

South Africans have historically scored highly for the Express Entry immigration process due to strong language skills, the likelihood of obtaining skilled work, and the higher education they may have completed when they were younger.

Canada welcomes high levels of skilled worker immigration to keep its economy strong, as it has one of the world’s oldest populations and one of the world’s lowest birth rates.

Canada thus depends on immigration to grow its population and labour force

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Nigerians explore Egypt, Morocco, others after Dubai visa ban

Daily Trust Saturday  | 04 January 2023  

Hundreds of Nigerians are now exploring other destinations after Dubai in the United Arab Emirates (UAE) slammed a total visa ban on them in October.…

Hundreds of Nigerians are now exploring other destinations after Dubai in the United Arab Emirates (UAE) slammed a total visa ban on them in October.  

Daily Trust Saturday reports that before the ban on Nigerian businessmen, Dubai had first tightened visa requirements for applicants from Nigeria.

For now, only Nigerians with diplomatic passports and few others have easy access to Dubai.

Dubai was hitherto the destination of choice for many Nigerians for many purposes, including business, education, leisure and medical tourism.

But following the ban, many Nigerians are now travelling to Egypt, Morocco and other countries.

While there is no official statement from the UAE on the reason for the ban, some people are suggesting the untoward attitudes of some Nigerians.

Before the ban, there were many reports about Nigerians being arrested in the UAE for alleged theft and cybercrime. Some were tried and incarcerated while others were repatriated back home.

The near official statement on the ban was from a Destination Management Company (DMC), licensed to issue electronic visas in the UAE, which announced in a statement that Dubai immigration had stopped approving visas for Nigerians.

In a statement, the DMC said: “All previously submitted applications are currently on hold. Kindly note this is beyond our control. We will update once visas start getting approved.”  

Declining business fortunes

Following the declining load factors, most airlines, including Emirates and Air Peace, suspended flights to Dubai.

Many travel agents said they had lost business due to the development, even as findings by one of our correspondents revealed that the travel agents are now advertising Egypt, Morocco, and Seychelles, among others, to holidaymakers, businessmen and women and the sick.

President of the National Association of Nigeria Travel Agencies (NANTA), Mrs Susan Akporiaye, said many Nigerians were now exploring other destinations for tourism.

She said, “Nigerians are already changing plans to go to Egypt and Morocco, but then these two countries require visa processes, but Egypt has made it a bit easier now.

“If you have a valid US or UK visa, you can also get your visa on arrival in Egypt.”

She noted that Dubai would be losing huge revenue generated from Nigerians, especially during the yuletide.

But the Director of Corporate Travels, Zenith Travel, Mr Olumide Ohunayo, said Dubai was not losing anything for not admitting Nigerians.

He said, “The UAE has nothing to lose. They have massive investments and massive structures in tourism and travel. It is not a problem if they are not admitting Nigerians.

“The UAE has developed its tourism beyond looking at only one route; beyond Nigeria, that is what they have done to their aviation and tourism.”

A Nigerian businesswoman, Mrs Khadijat, said she had not been able to travel to Dubai since the visa ban, noting that her suppliers usually sent her goods through another country which cost more money to clear.

She said, “This is the only option we have now, but it is really not easy when you look at it. Most of these abayas (flowing gowns for women) we buy from Dubai, we don’t really get enough profit from them. And sending our items through another country has added to the cost of logistics.”

Official trade balance

According to data from the Observatory of Economic Complexity (OEC) in 2020, Nigeria exported goods worth N134bn ($321m) to the UAE.

OEC said the main products that Nigeria exported were gold ($217m), crude petroleum ($53.5m) and oily seeds ($16m).

On the other hand, the UAE exported goods worth N489bn ($1.14bn) to Nigeria. These included broadcasting equipment ($152m), refined petroleum ($119m) and cars ($118m).

This shows that the trade balance favours the UAE as more of its goods entered the Nigerian economy.  

An importer of clothes and a variety of other things in Kano, Abdullahi Ibrahim, told Daily Trust Saturday that the hardship in getting a visa to Dubai had forced most importers in Kano to visit Turkey to get their goods.

Ibrahim explained that this was coupled with the increase in taxes by authorities in Dubai thereby making the import of goods more costly.

On what he thinks led to the ban on Nigerians, he said, “Nigerians are doing drugs and other social vices there. That was why they came up with the law to restrict Nigerians because they felt Nigerians will bring bad things into the country.”

He, however, noted that Dubai was also losing a lot because it used to generate a lot of revenue from Nigerians.

He said, “The effect now is that there is low patronage of goods from Dubai because most Nigerian importers go to Turkey or Qatar.

“Also, shop owners in Dubai are mostly from India, Bangladesh and others, but due to heavy taxation, we have mostly opted for Turkey because sales there will make us get more profit.”

Sarki Arabii Muhammad, who owns babies’ clothes shops across the country, often travelled to Dubai for business before the ban.

He explained that Dubai had many advantages for business people over other countries as one could buy different types of goods during a single trip.

He said, “I was purchasing the majority of my goods from Dubai because of the many advantages, including the fact that your goods will arrive within two days, unlike other places where your goods can spend over two weeks.

“One of the alternatives we have now is to buy online, but that is not as effective as being there physically. The other alternative is to try other countries, but the goods are not available as they are in Dubai.”

He further said, “I came back from Indonesia a few days ago, but I doubt if I will gain anything. Also, I didn’t get as many goods as I wanted.”

He, therefore, called on Nigerian authorities to intervene and ensure that the issue was resolved.

A businesswoman, Aisha Jajere, said the ban on Nigerian visitors by the Dubai authorities had affected many businesses in the Arab country.

She said, “It is negatively impacting the businesses of hoteliers and tourism destinations in Dubai.”

A travel agent in Kano, Dr Jamilu Umar, said China had replaced Dubai for Nigerian businessmen and women, noting that the ban had really affected their fortunes and praying that the stalemate would be resolved soon.

He added that: “One of our alternatives now is travelling to Saudi Arabia for Lesser Hajj and using the opportunity to buy goods.”

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Kenyans can now visit SA without a visa for three months

News24 | 04 Jan 2023

• Kenyans can now visit South Africa visa-free for up to three months.
• The agreement was reached when SA President Cyril Ramaphosa visited Kenyan President William Ruto in November last year.
• Previously, Kenyans could only visit South Africa visa-free for a month.

Kenyans can now live in and enjoy South Africa without a visa for three months a year at most, thanks to a new law that came into effect on 1 January.

This was revealed in a statement by the High Commissioner of the Republic of Kenya to the Republic of SA, Kingdom of Lesotho and Kingdom of eSwatini, Catherine Muigai Mwangi.

She said the move was a "concrete demonstration of the deep bonds of friendships and a commitment to nurturing closer ties."

Kenya and South Africa have found themselves linked when it comes to regional and international matters.

The cessation of hostilities in Ethiopia's Tigray civil war brought together envoys from South Africa and Kenya, supported by former South African deputy president Phumzile Mlambo-Ngcuka and Kenya's former president, Uhuru Kenyatta.

Talks were held in Pretoria in November and a continuation took place in Nairobi, Kenya in December.

South Africa is the biggest economy in southern Africa and Kenya is the biggest in the East African Community (EAC).

However, trade between the two nations isn't big. South Africa exports vehicles, fruit, food and beverages and imports include coffee, tea, edible fats and oils, cut flowers and chemical products.

Talks for the visa-free movement occurred last year and in November 2022, the agreement was reached.

Mwangi said: 

The conclusion of the longstanding negotiations on the visa exemption further reflects conscious efforts and political will by the leaders of our two countries to eliminate any barriers to building greater business, cultural and communal relations.

In the past, Kenyan nationals were exempted from paying visa fees if their stay in South Africa was less than 30 days.

If they intended to stay longer, visa fees of R 661 were required.

The visa-free movement dovetails with the African Union (AU) 2018 policy of "free movement of persons protocol."

The initial announcement of the visa-free movement was made in Nairobi on 9 November last year when SA President Cyril Ramaphosa made his first state visit to the EAC country at the invitation of the President William Ruto.

Coincidentally, it was a year after then-outgoing president Kenyatta's visit to South Africa.

South Africa and Kenya have agreements in the field of correctional services, meaning they can exchange jailed persons, cooperation in housing and resettlement, multi-media and many other fields.

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Groundbreaking judgment offers relief for foreign parents of children born in SA

News24 | 04 Jan 2023

Pretoria - The court has delivered a groundbreaking judgment which opens the door for foreigners working in South Africa who have children born on local soil.

Previously, they had to leave the country after breaking up with their spouses.

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In terms of sections of the Immigration Act, foreigners’ spouse visas terminated once their relationship with their South African spouses ended.

This meant that they either had to leave the country, even if it meant leaving their children behind, or they had to reapply for a visa to remain in the country. However, they could only do so from outside the country.

Various applicants, who come from countries such as France, Switzerland, Germany and Zimbabwe, turned to the Western Cape High Court to have the relevant sections of the act declared unconstitutional.

They all had children with their South African spouses, but their relationships had soured. Some are already divorced, while others are in the process of doing so.

In other cases the couples were not married, but lived together with their children, who are South African citizens as they were born here or had acquired citizenship on the strength of their parent’s citizenship.

All the applicants have been living and working in South Africa for many years and they have been supportive parents and caregivers to their children, sharing parental responsibilities with their partners both during and after the termination of their spousal relationships.

According to them certain sections of the Immigration Act, read together with the regulations, were inconsistent with the Constitution, to the extent that they required foreigners who are parents and caregivers of South African children to cease working here and to leave the country when their spousal relationships with their South African spouses come to an end, or they no longer cohabit together.

In one of the applications, a man who is facing being sent back to Kenya by the Department of Home Affairs said he and his ex-wife contribute equally to the maintenance of their son, who spends 50% of his time with him. He has a close relationship with his ex-wife and enjoys a strong bond with his son.

He would find difficulty in obtaining employment in Kenya where he would be compelled to return.

He has been working in South Africa for 14 years and considers this country to be his home.

The act regulates the admission of foreigners and their residence in South Africa, which may be temporary or permanent. The visa which is in issue in this matter is the so-called “spousal” visa, which includes spouses who are in a permanent heterosexual or homosexual relationship, but are not formally married.

The applicants asked the court to declare that a spousal visa shall remain valid and shall not expire after the termination of the spousal relationship, which constitutes the basis on which the visa was issued in the first place.

But Judge Mark Sher said this was not a solution, as such a visa would expire in time and they would then still be compelled to leave the country and would be unable to discharge their parental responsibilities and rights.

He said he could also not rule that these spousal visas should simply be extended, as this would, for example, allow “deadbeat foreign parents” who are not contributing to their children’s maintenance or care, to continue living and working in the country.

The judge said in his view the solution was to enable a foreign spouse who was the parent of a South African child citizen or permanent resident to apply for a fresh status.

This can be by means of a visitor’s or relative’s visa, depending on their circumstances.

This, he said, would allow them to reside and work in the country, in order to discharge their parental responsibilities and rights.

He, among others, ordered that certain passages should be read into the act, to allow for a foreigner who meets these requirements to apply for a change of status, to do so from within South Africa, due to the person’s exceptional circumstances.

The judge meanwhile gave Parliament 24 months to remedy the act so that it did provide an option to these parents, without them facing deportation.

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