1. General Rule on Absence Three-Year Continuous Absence Limit: If you stay outside South Africa continuously for over three years without a valid Retention of Permanent Residence Permit, your PR status may lapse. This means you must return to South Africa at least once every three years to avoid losing your residency rights. Resetting the Counter: Each re-entry into South Africa resets the three-year clock. For example, if you leave for two years, return briefly, and then depart again, the three-year period restarts from your most recent exit date.2. Retention of Permanent Residence Permit Purpose: If you anticipate staying abroad for more than three years, apply for this permit before leaving South Africa. It allows you to retain PR status for up to three additional years abroad. Application Process: Submit to the Department of Home Affairs (DHA) with proof of ties to South Africa (e.g., property, family, financial investments). Approval is discretionary.3. Intent to Reside Subjective Assessment: The DHA may evaluate whether you maintain a genuine intention to reside in South Africa. Merely visiting every three years without establishing ties (e.g., a home, employment, or family) could raise doubts, even if technically compliant.4. Re-Entry Considerations Risk of Denial: If absent for over three years without a retention permit, you may face entry denial or PR revocation upon return. Immigration officials have discretion to question your status.5. Permanent Residency Visa Validity Indefinite Visa: While the PR visa itself doesn't expire, the right to enter/reside depends on adhering to absence rules. Prolonged absence invalidates the visas utility.6. Exceptions and Nuances Minors and Spouses: PR holders with South African spouses or children may receive leniency, though this is case-specific. Citizenship Pathway: If pursuing citizenship, stricter residency requirements apply (e.g., physical presence for 15 years before application).7. Practical Recommendations Visit Regularly: Aim to return at least every 2  years, even for short stays, to reinforce your residency claim. Document Ties: Maintain evidence of connections to South Africa (e.g., tax filings, property ownership, bank accounts). Consult Experts: Immigration policies can change; consult the DHA or an immigration practitioner for personalized advice. Summary To maintain PR status, return to South Africa at least once every three years or secure a Retention Permit for longer absences. Proactively demonstrate ties to the country to avoid challenges. Always verify requirements with official sources due to potential policy updates. How can we help you , please email us to info@samigration.com whatsapp message me on:  +27 82 373 8415, where are you now? check our website : www.samigration.com

South Africa`s regulations regarding dual citizenship and the maintenance of citizenship, ID, and passports are governed by the South African Citizenship Act (1995) and related policies. Below is a detailed breakdown of the rules and requirements:1. Dual Citizenship Permission Legal Basis: Under Section 6(2) of the Citizenship Act, South Africans must apply for permission to retain their citizenship before acquiring another nationality. Failure to do so results in automatic loss of SA citizenship. Retention Letter: Those who obtain foreign citizenship (e.g., UK or U.S.) with prior approval from the Department of Home Affairs (DHA) receive a `Letter of Retention of Citizenship`, confirming their dual citizenship status.2. Maintaining Citizenship No Residency or Visit Requirements: There is no legal requirement for dual citizens to visit South Africa periodically to retain citizenship. Once citizenship is legally retained via the DHA letter, it remains valid indefinitely, unless: Citizenship is voluntarily renounced. It is revoked due to fraud, serving in a foreign military hostile to SA, or other exceptional circumstances (rare and specified in law).3. South African ID (Identity Document Validity: The SA ID (green barcoded ID book or smart ID card) does not expire. However, updates may be needed for changes (e.g., address, marital status) or if the ID is lost/damaged. Renewal/Updates: Updates can typically be done at SA embassies/consulates abroad. No need to visit SA unless specific biometric updates (e.g., fingerprints) are required, which may necessitate in-person visits.4. South African Passport Validity: Passports for adults are valid for 10 years. Minors  passports expire after 5 years. Renewal: Can be renewed at any SA embassy/consulate abroad. No requirement to visit SA for renewal, but applicants must submit forms, photos, fees, and the expired passport. Critical Note: Dual citizens must use their SA passport to enter/exit South Africa (per Immigration Act regulations).5. Practical Considerations Avoiding Passport Expiry: While citizenship isnt lost if a passport expires, renewing it ensures ease of travel and access to consular services. Tax and Voting Implications: Residency for tax purposes (not citizenship) may require declarations to SARS. Voting in national elections requires registration in SA, but no residency mandate exists beyond registration. Summary of Key Points Citizenship: No need to visit SA to retain citizenship if dual nationality was approved. ID: No expiration, but updates may require embassy visits. Passport: Renew every 10 years via embassies; use SA passport for entry/exit.

Here’s a detailed explanation of who qualifies as a dependent in a South African permanent residency (PR) application, based on the Immigration Act (2002) and Department of Home Affairs (DHA) regulations:

Definition of a Dependent

A dependent is a person who relies on the main applicant for financial support and is included in their PR application. Dependents must meet specific criteria to qualify under South African immigration law.

Who Qualifies as a Dependent?

The following individuals are recognized as dependents in a South African PR application:

1. Spouse or Life Partner

• Spouse: A legally married partner (same or opposite sex).

• Life Partner: A partner in a permanent relationship (unmarried but cohabiting).

o Must provide proof of a committed relationship (e.g., shared finances, joint property, affidavits from family/friends).

o The relationship must be genuine and ongoing for at least 2 years.

2. Children

• Biological or Adopted Children: Under the age of 18.

• Stepchildren: If the main applicant is married to the child’s parent.

• Children Over 18: Only qualify if they are financially dependent due to a disability or full-time study.

o Proof of dependency (e.g., medical reports, university enrollment) is required.

3. Parents

• Parents of the main applicant may qualify if they are financially dependent on the applicant.

o Proof of dependency (e.g., bank statements, affidavits) is required.

o Parents must not have other means of financial support.

Requirements for Dependents

Each dependent must meet the following requirements to be included in the PR application:

1. Documentation

• Spouse/Life Partner:

o Marriage certificate (for spouses).

o Proof of cohabitation and shared responsibilities (for life partners).

• Children:

o Birth certificate (showing both parents’ names).

o Adoption papers (if applicable).

o Proof of full-time study or disability (for children over 18).

• Parents:

o Birth certificate of the main applicant (to prove the parent-child relationship).

o Proof of financial dependency (e.g., bank statements, affidavits).

2. Medical and Police Clearance

• Medical Certificate

• Police Clearance Certificate

3. Financial Dependency Proof

• Evidence that the dependent relies on the main applicant for financial support (e.g., bank statements, affidavits, or proof of regular remittances).

4. Process for Including Dependents

1. Main Application: The main applicant submits their PR application under one of the categories (e.g., work, business, retirement, or family).

2. Dependent Applications: Dependents are included in the same application. 

3. Processing: The DHA evaluates the main applicant’s eligibility and the dependents’ dependency status.

Key Notes

• Dependent PR Status: If the main applicant’s PR is approved, dependents will also receive PR status.

• Withdrawal of Dependency: If a dependent no longer qualifies (e.g., a child turns 18 and is no longer studying), they must inform the DHA.

• Divorce or Separation: If the main applicant and spouse/life partner separate, the dependent’s PR status may be revoked unless they qualify independently.

Common Pitfalls

1. Insufficient Proof of Dependency: Ensure all financial and relationship evidence is thorough and up-to-date.

2. Incomplete Documentation: Missing documents (e.g., police clearance) can delay or derail the application.

3. Expired Passports: Ensure all dependents’ passports are valid for at least 6 months.

Let me know if you need further clarification or help with the application process! 🇿🇦

How can we help you , please email us to info@samigration.com whatsapp message me on: 

 +27 82 373 8415, where are you now? check our website : www.samigration.com

President Cyril Ramaphosa delivers the first State of the Nation speech of the government of national unity. (Photo: Phando Jikela, RSA Parliament) President Cyril Ramaphosa plans structural reform for local government and for the water sector in an effort to lift constraints on the economy.Large infrastructure projects will be financed in `innovative ways`.Government efficiency is set to be increased by digitising services.President Cyril Ramaphosa has made his economic reform programme the centre of his agenda for the next five years, promising a `second wave` of reform that will include dealing with the water crisis, addressing local government dysfunction, and digitising government services. After electricity and logistics constraints, water and local government failures are the top impediments to doing business in SA. And, while infrastructure spending has been on the agenda for years, it has often failed to materialise.Ramaphosa`s first six years as president have yielded low returns on growth and employment. Growth has hovered around 1%, and unemployment has significantly worsened on his watch to 32%, a five-point increase. Ramaphosa noted that the economic reforms had boosted confidence in the SA economy and would lead to higher growth. `We are steadily removing the obstacles to meaningful and faster growth. The economic reforms we are implementing through Operation Vulindlela have created a new sense of optimism and confidence in our economy. We are seeing positive results in the improvement of the functioning of our network industries as well as the investment opportunities that are opening up and are being taken by investors, leading to job creation,` he said. While Ramaphosa expounded at length on the importance of the far-reaching reforms in electricity and logistics, the most significant new announcements in the speech were those on local government and water. Local government is to be completely overhauled in terms of structure and funding model. This will require a new White Paper, which will be published for public comment and consultation.Beginning immediately, the national government will work with municipalities to set up ring-fenced utilities for water and electricity services to ensure greater investment and maintenance. While Ramaphosa did not mention it, the ring-fencing of utilities will help solve the growing problem of municipalities not paying their bulk water and electricity accounts.`Many of the challenges in municipalities arise from the design of our local government system. We will, therefore, undertake extensive consultation to develop an updated White Paper on local government to outline a modern and fit-for-purpose local government system. We will review the funding model for municipalities as many of them do not have a viable and sustainable revenue base,` he said.The government would also expand its support to municipalities that require assistance.Reforms in the water sector will also begin this year by establishing the National Water Resource Infrastructure Agency, which will enable private sector investment and blended finance options for water infrastructure. Seven large water infrastructure projects costing R23 billion are planned, and Ramaphosa said their financing had been secured. Legislation will also be introduced to enable the Department of Water and Sanitation to withdraw the licences of water service providers where they do not meet the standards for quality drinking water.These measures have been welcomed by business, with Business Leadership SA (BLSA) saying it is encouraged by Ramaphosa`s focus on water system reforms and addressing dysfunctionalities in local government. `The fact that he spent much of his speech emphasising the importance of getting municipalities up to standard in terms of their management of the key areas of water and electricity was further encouraging because it signals that government recognises how important it is for the economy to have more efficient local government capacity,` BLSA SA CEO Busi Mavuso said on Thursday night. Ramaphosa also promised a large infrastructure build of R900 billion over the next three years, which he said could lift economic growth to 3%. `We are undertaking massive investment in new infrastructure while upgrading and maintaining our [existing] infrastructure. We are developing innovative ways of funding infrastructure ¦ engaging local and international financial institutions and investors to unlock R100 billion in infrastructure financing,` he said.BLSA, however, was `somewhat disappointed at the lack of ambition on infrastructure development`.As part of the reform programme over the past year, the government has revised regulations for public-private partnerships. It has attempted to replicate the successes of the Renewable Energy Independent Power Producer Project by launching a project preparation bid window to attract bids for infrastructure projects. Of the R900 billion, just over a third will be spent by state-owned enterprises. Ramaphosa said government would proceed to implement its proposed model of a state-owned enterprise holding company, under which companies such as Eskom and Transnet would be housed. A state-owned entity reform unit will be established to coordinate this work. Ramaphosa pledged that the government would harness technology to transform the way that government works, investing in digital public infrastructure and a new digital identity system. `These measures will transform the relationship between citizens and government and create one government that is accessible to every person at a touch,` said Ramaphosa.On Friday, Minister in the Presidency Maropene Ramokgopa will elaborate further on the government`s programme when she briefs journalists on the Medium-Term Development Plan. On 19 February, Finance Minister Enoch Godongwana will present the budget, which will elaborate on financing the government`s programme.

One immigration agent reports eight out of 10 of his clients were rejected. Home Affairs responds that rejection rates are 27% which is in line with historical trends.Backlog Bomb Squad misfire? DHA staff are reportedly under pressure to meet processing quotas. Minister of Home Affairs Leon Schreiber recently celebrated clearing a 306 000 visa backlog with the help of a Backlog Bomb Squad but immigration agents say this comes with a huge visa rejection rate up to 80%, according to one.I have five high-net-worth individuals who easily qualify for visas based on assets alone, and four of them were rejected, says Steven de Andrade of Synergy Immigration Specialists.Ive been doing this for 18 years and weve learned that the rejection rate mysteriously jumps around November to about March, then normalises thereafter.Spokesperson for Minister of Home Affairs Leon Schreiber, Duwayne Esau, says the official data shows 73% of applications in the backlog were approved while 27% were rejected. This is in line with historical trends.The reason why it occasionally appears like rejections are increasing, is because our backlog team has worked so hard that Government Printing Works has periodically struggled to keep up with printing the labels required for successful applications. As a result, whenever the labels are unavailable, only rejections go out until the labels for approved applications are restockedHome Affairs is also ready to deal with any appeals flowing from the backlog in due course.Stefanie de Saude-Darbandi of immigration law firm De Saude-Darbandi Attorneys says about three of out five visa applications are being rejected by the Department of Home Affairs (DHA), and not one of those rejections has been lawful.It seems like the focus is purely on clearing the backlog rather than making quality decisions, she says.We have no idea who this so-called Bomb Squad is and what their background or training is, but if they are responsible for these decisions, its clear they dont know what theyre doing.Please dont get me wrong, I genuinely believe this minister is the best weve had, she adds. Having worked in this industry for nearly 20 years and seen multiple ministers come and go, hes a breath of fresh air. But I dont think he fully understands whats happening on the ground. It could be that his delegates are misleading him, giving him in-curate information and making the wrong recommendations.One German businessman who has invested millions of rands in SA in properties and businesses says he was forced to take the DHA to court  at a cost of R300 000  to force it to process his application for permanent residence, which he eventually got. Trying to go through the normal channels yielded no result after three years, says the businessman, who asked not to be named. In the end, the court compelled Home Affairs to do its job.Arbitrary rejections The SA Migration Forum reports that clients are seeing a surge in seemingly arbitrary rejections by Home Affairs, between 70% and 80%.This alarming trend appears to be part of an effort by the Department of Home Affairs to manage an overwhelming backlog of applications, which has been exacerbated by the Covid-19 pandemic.In one case, a doctors visa application was rejected because he did not answer the phone to confirm a medical certificate. Such reports have raised concerns among immigration specialists over the departments apparent lack of coherent criteria for decision-making.DHA staff are reportedly under pressure to meet processing quotas, resulting in many justified applications being denied.Some of the documents being requested are not required by law  for example, spouses in civil marriages are being asked for proof of financial responsibility and cohabitation.Many applications appear to have been rejected for insufficient financial documentation, creating uncertainty as to what documents DHA considers satisfactory. This has occurred even where VFS Global, which handles applications on behalf of Home Affairs, has indicated that the documents supplied are adequate.Backlog reappears in another guise The high rejection rate means the backlog will likely return in the form of a massive appeals queue by applicants whose visas were rejected.Many applicants report receiving vague or no explanations for their rejections, which complicates the appeal process, says SA Migration International in a recent post.The Department is required to provide written reasons for any rejection, but this is often not adhered to, leaving applicants uncertain about how to address the issues raised.Schreiber has been lauded for addressing a multi-year backlog at Home Affairs that accumulated under the previous minister, Aaron Motsoaledi, who has since been appointed Minister of Health.Schreiber recently said the visa backlog deprived our economy of the investment and skills it needs to grow, which is why it was receiving such urgent priority at Home Affairs.Some outcomes are still to be issued over the coming weeks and then our teams will deal with appeals flowing from rejections. All of this while we intensify our efforts to digitalise and automate the system to prevent future backlogs,says Schreiber.Deadline for appeals extendedIn apparent recognition of the high number of rejections, which are likely to be appealed, the DHA extended the deadline for submitting appeals to 10 days after the receipt of the outcome. This applies until the end of March 2025.As a result of the high number of visa and permit outcomes produced as part of the visa and permit backlog project, the appointment system at VFS Global for submission of appeals applications has been constrained, was the reason given for the extension by Home Affairs Director-General Livhuwani Makhode in November last year.ContemptThe backlog issue and high rejection rate have spilled over into the courts.Even our court cases are falling into contempt, with some orders now in contempt of previous contempt orders, says De Saude-Darbandi.