South African Permanent Residence

South African Permanent Residence

South Africa encourages permanent residency if you are serious about staying in South Africa on a long terms permanent basis there are many categories you can apply under.

  • Hold a General Work Visa for five years and have a permanent job offer.
  • Hold a Relative’s Visa sponsored by an immediate family member.
  • Hold a Critical Skills Visa and have 5 years relevant work experience.
  • Be in a proven life partner relationship for five years
  • Be married to an SA Spouse for at least five years.
  • Have held Refugee Asylum Status for five years.
  • Hold a Business Visa.
  • Receive a monthly income of R37,000 through Pension or Retirement Annuity
  • Have a net asset worth of R12m and payment to Home Affairs of R120,000

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South African Retirement Visa

South African Retirement Visa

A retirement visa can be granted for 4 years to someone with a monthly pension, irrevocable annuity or retirement account of R37 000 from a net worth/combination of assets realizing R37 000 per month and wishes to retire temporarily or permanently in South Africa.

A South African Retired Person's permit is ideal for people wishing to retire in South Africa temporarily or permanently subject to the financial criteria or parameters being satisfied. This South African visa category is designed for those intending to retire in the country or wishing to have a long stay in South Africa with the need to renew the visa or permit. This retirement visa is not based on age but rather on assets, rental income and / or bank accounts generating income. It is based upon foreigner providing proof that such foreigner has the right to a pension or an annuity or retirement account which will give such foreigner a prescribed minimum payment for the rest of his or her life from the country of his or her origin; or a minimum prescribed net worth generating income for life.

This South African immigration visa is a popular option for seasonal visitors, i.e. those visiting the country for a period of six months or more. An important point to observe is that successful applicants are under no obligation to apply for permanent residence.

The temporary grant may be renewed indefinitely so long as the requirements continue to be met. However, permanent residency does bestow additional benefits upon its holder. In South Africa, immigration through the retired person's route can be either a temporary visa permit or a permanent residence visa as outlined in the eligibility criteria summarized below.

  • The temporary route is granted for four years and is renewable indefinitely for four-year periods.
  • The permanent route offers permanent residents the same rights and privileges as those with South African citizenship, with a few key exceptions, most notably the right to vote.

In both the temporary and permanent residence category the, South African Retired Persons Visa is based upon financial criteria and unlike a South African Work Visa, no prior job offer needs to be in place before an application can be made. Although unlike temporary South African visit visas, retired people can permitted to work if they wish, provided they apply under the correct visa category – Retirement plus Work Visa We wish to stress that the category “retired person", does not confer a maximum or minimum age limit for this class of visa for South Africa. Retired person's visas may be awarded to people of all ages, provided that the eligibility requirements below are met.

  • A pension, retirement account or irrevocable annuity which has a value of at least R37, 000 per month. This requirement applies to each person making an application.
  • Alternatively, candidates may obtain a South African visa of this kind by demonstrating a "net worth" through a combination of assets which equates to a minimum of R37, 000 per month. Once again, this criterion applies to each person making an application.

Work Conditions
The nature of this type of immigration to South Africa is such that no specific stipulations are in place regarding a candidate's ability to work in South Africa. In most cases, it may be assumed that people embarking upon this route, based as it is upon a steady income from a source other than employment will not be entering the country to work. However, each case will be considered individually and candidates may be able to work during their time in the country.

Applicants wishing to work will need to submit an employment contract and is not required to demonstrate that a South African citizen or resident is available for the position. The idea here is that applicants under this category can supplement their income and that the rules have been relaxed significantly from the stringent work visa requirements.

Accompanying Dependents

Spouse immigration and dependent immigration are now provided through temporary South African Retired person's visas. This route to South Africa is based upon the financial security of each applicant and unlike work permit visas or business visas, the dependent family members of retired applicants automatically qualify for visit visa status to accompany the principle applicant and does not have to meet the same criteria for temporary residence but for the purposes of permanent residence they are treated as one family unit.

However, in cases where an applicant successfully obtains permanent residence as a retired person, their spouse and/or dependent children, i.e. those aged under 21 will also qualify for permanent residency.

Financially Independent

An alternative route exists in the financially independent visa for which candidates would need to be able to demonstrate a net asset value totalling not less than R12 million.

In addition, it would also be necessary to demonstrate proof of payment of R120,000 as a non-refundable sum to the Director General of Home Affairs. The application for a financially independent visa will lead to permanent residence.

  • A retired persons visa may be issued for a period exceeding three months to a foreigner who intends to retire in the Republic, provided that the foreigner provide proof that such foreigner has the right to a pension or an annuity or retirement account which will give such foreigner a prescribed minimum payment for the rest of his or her life from the country of his or her origin; or a minimum prescribed net worth.
  • The Department may authorise the holder of a retired person permit to conduct work under terms and conditions as the Department may deem fit to determine under the circumstances.
  • A retired person visa may allow its holder to sojourn in the Republic on a seasonal or continuous basis; and not exceed a four-year period, at the expiry of which it may be renewed one or more times.

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South Africa Working Visas

South Africa Working Visas

South Africa seeks highly skilled individuals to live and work in SA.

SA Migration Services will provide professional assistance to arrange your work visa for you if you qualify.

Work Visas are regulated in terms of Section 19, Regulation 18 and items 18 (1), 19(2), 20, 21 and 22, of Schedule A.

There are three common types of Work Visas:

  • General Work Visa
  • Inter Company Transfer Visa
  • Critical Skills Visa

General Work Visa

Under the General Work Visa there are very strict requirements. The South African government, although trying to promote work and trade in South Africa, recognize the need to give South Africans the chance to obtain employment ahead of any foreigner.

You will have to prove that you are the only person who can fill that position and that no other South African can play that role. This is done by placing an advert in a national newspaper advertising the position.

A Department of Labour report would need to be obtained.

You will also need to have a job offer/contract from your future employer.

The most important part of the process is skills assessment by SAQA (South African Qualifications Authority) in SA which evaluates your formal qualifications and compares them to a SA qualification. This process is mandatory and for this we would need your academic transcripts and award diplomas. Note under the regulations provision is made for the recognition of work experience in the absence of formal qualifications and this therefore makes provision recognition of prior work experience (RPL).

This is a paper based system which merely compares the foreign qualifications and arrives at an equivalent qualification in SA, and if qualified in SA then no SAQA needed.

Next your employer has to prove that you are the only person that can fill the position and no other South African can fill that role. This is done by placing an advert in a national newspaper advertising the position.

Please note the work Visa is issued in the name of the employer so the person is tied to the employer. If they change the job they will require a new work Visa.

There is some good news for people who are qualified through work experience only and they can qualify if they don’t require formal qualifications, ie SAQA.

Inter Company Transfer Visa

An intra-company transfer work Visa may be issued by the Department to a foreigner who is employed abroad by a business operating in the Republic in a branch, subsidiary or affiliate relationship and who by reason of his or her employment is required to conduct work in the Republic.

An important factor is that the applicant has to have been employed with the company abroad for a period of not less than 6 months.

The Intra company transfer is not designed to be a long term visa. The idea is to bring in foreign workers employed by the company abroad with a branch or subsidiary branch here in South Africa; they work or conduct training for four years, and then return home.

This Visa does not require the hassle of proving the company could not find suitable applicants and it does not require the hassle of verifying an applicant’s formal qualifications. It is based purely on employment. If you are a company that needs to transfer in foreign employers, please contact us and we will make this go as smoothly as possible.

It is important to note that this category of work Visa cannot be granted for more than four (4) years and this type of Visa is not extendable.

Critical Skills Work Visa

The Critical Skills Visa South Africa is for skilled workers whose occupation is on the Critical Skills Visa List for South Africa. This list reflects the occupations that are in demand in South Africa.

The newly published "Skills or qualifications determined to be critical for the Republic of South Africa in relation to an application for a Critical Skills Visa or Permanent Residence Visa"

This category of work visa may be issued to an applicant who falls within a specific professional category or specific occupational class determined by the Minister by notice in the Government Gazette. This is done after consultation with the Minister of Labour and the Minister of Trade and Industry.

If an applicant falls within one of the professional categories listed on the critical skills list and also has the appropriate post qualification working experience in that profession then such applicant may qualify to apply for this category of work Visa.

The applicant also needs to where applicable register with the relevant South African professional accreditation body regulating that industry as stipulated by Minister of Home Affairs. Such body must also confirm the applicant’s skills, qualifications and working experience.

Furthermore, such applicant’s qualifications need to be evaluated relevant to a South African level. An applicant for a Critical Skills Visa may enter South Africa on such visa without having secured a job offer first. It is, however, required of the applicant to confirm employment with the Department of Home Affairs within a period of one (1) year upon arrival in South Africa, failing which, the Visa would automatically lapse.

The Critical Skills Work Visa is tied to an individual and not to an employer so under this Visa a person can leave from one employer to the next without obtaining a new work Visa.

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SA Visa - Citizenship Citizenship Options

Citizenship Options

  • South African Citizen by Descent
  • South African Citizen by Naturalisation:
  • Automatic loss of Citizenship
  • Resumption of South African citizenship
  • Deprivation of Citizenship
  • South African Citizen by Naturalisation:
  • Automatic loss of Citizenship
  • Resumption of South African citizenship
  • Acquisition of the citizenship or nationality of another country

South African Citizen by Descent:

Anybody who was born outside of South Africa to a South African citizen. His or her birth has to be registered in line with the births and deaths registration act 51 of 1992.

South African Citizen by Naturalisation:

Permanent Resident holders of 5 or more years can apply for citizenship. Anybody married to a South African citizen qualifies for naturalisation, two years after receiving his or her permanent residence at the time of marriage.

A child under 21 who has permanent residence Visa qualifies for naturalization immediately after the Visa is issued.

Automatic loss of Citizenship.

This occurs when a South African citizen:

Obtains citizenship of another country by a voluntary and formal act, other than marriage, or;

Serves in the armed forces of another country, where he or she is also a citizen, while is at war with South Africa.

Deprivation of Citizenship:

A South African citizen by naturalization can be deprived of his citizenship if;

The certificate of naturalisation was obtained fraudulently or false information was supplied.

He or she holds the citizenship of another country and has, at any time, been sentenced to 12 months imprisonment in any country for an offence that also would have been an offence in South Africa.


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Boris Johnson wants first ‘illegal’ migrants flown to Rwanda in six weeks

Boris Johnson wants first ‘illegal’ migrants flown to Rwanda in six weeks

Evening Standard – 17-04-2022

 

The Prime Minister wants to see the first migrants handed a ‘one-way ticket’ to Rwanda flown out in roughly six weeks as the Government battles to curb Channel crossings.

Boris Johnson is reportedly keen for the first flight carrying those deemed to have arrived in the UK illegally – including those taking to the water to embark on the perilous journey in small boats – to leave late next month, marking the start of plans to move thousands within the next few years.

But the Government is braced for the widely criticised plans to be challenged in the courts, which could prove an obstacle to their progress.

Andrew Griffith, the director of policy at No 10, said it is hoped the scheme will be operational in “weeks, or a small number of months”.

Asked when he expects the first person will be sent to Rwanda, the Conservative MP told BBC Newsnight: “It doesn’t require new legislation – we think that we can do this under the existing conventions.

“And therefore this should be possible to be implemented and operationalised in weeks, or a small number of months. So we are ready to go in that sense.”

Both Mr Johnson and Home Secretary Priti Patel have acknowledged the plans could be challenged in the courts.

Andrew Griffith, the director of policy at No 10, said it is hoped the scheme will be operational in ‘weeks, or a small number of months’ (Aaron Chown/PA) / PA Wire

The costs of the programme remain uncertain, but The Times reported that each migrant sent to Rwanda is expected to set British taxpayers back between £20,000 and £30,000.

The newspaper said this would cover accommodation both before and after the journey, as well as the cost of a seat on the flight itself.

It comes as the Home Secretary has struck a £120-million economic deal with Rwanda, and cash for each removal is expected to follow.

On Thursday, protesters wielding signs with the message “refugees welcome here” gathered outside the Home Office, declaring their intention to “fight back” against the move.

Charities condemned the plans as “cruel and nasty”, claiming they would fail to address the issue and cause more “suffering and chaos”, while criticising Rwanda’s human rights track record.

But Mr Johnson insisted the scheme was not “draconian and lacking in compassion”.

Giving a major speech in Kent, he said the agreement was “uncapped” and Rwanda would have the “capacity to resettle tens of thousands of people in the years ahead”.

He said the partnership would be “fully compliant with our international legal obligations”, while insisting Rwanda was “one of the safest countries in the world”.

Johnson insisted the scheme was not ‘draconian and lacking in compassion’ (Matt Dunham/PA) / PA Wire

“But nevertheless, we expect this will be challenged in the courts,” Mr Johnson added, as he hit out at what he called a “formidable army of politically motivated lawyers”.

During a visit to the Rwandan capital of Kigali, Ms Patel said the Home Office was prepared for legal challenges, as she accused lawyers of “fleecing the British taxpayer”.

Stephanie Boyce, the president of the Law Society of England and Wales, warned there were “serious questions” about whether the plans complied with international law.

“It is particularly disappointing – this week of all weeks – the Government is repeating misleading suggestions that legal challenges are politically motivated,” she said.

“If the Government wishes to avoid losing court cases, it should act within the law of the land.”

Labour MP Nadia Whittome, who attended the protest outside the Home Office, said the “incredible” turnout showed the Government had “badly misjudged the mood of the country” on the issue.

She said: “I think people’s response to Afghan refugees, to Ukrainian refugees… people of this country have been so, so much more generous than this Government.

“I think most people that you know agree, it’s not a Sudanese engineer who put up our energy prices by 54 per cent. It’s not a Syrian labourer who got rid of all our council homes and then didn’t build any more.

“It’s the fault of this Government that people are struggling. People don’t have the lives that we deserve.”

Labour leader Sir Keir Starmer called the plans “unworkable”, “extortionate” and an attempt to distract from Mr Johnson being fined for breaching his own pandemic laws.

The deal with Rwanda is understood to effectively be a fresh removals arrangement, where those deemed by the Government as inadmissible under UK asylum rules will be relocated.

It is thought the East African nation’s government will process the claims and those who are successful will be provided Rwandan refugee status.

This would be different from plans to offshore processing of UK asylum claims, which would involve sending migrants to another country or location while their applications are determined and then returned once approved.

Home Secretary Priti Patel signed the historic £120 million deal with Rwandan officials during a visit to the capital Kigali;

Mr Johnson insisted Rwanda was one of the safest countries in the world;

It emerged the first migrants to be sent from Britain will be put up in a former tourist hostel with scenic views over the city;

The scheme – including Home Office charter flights to Rwanda – is likely to cost between £20,000 and £30,000 a head;

The naval operation in the Channel was given a mission to make sure 'no boat makes it to the UK undetected';

The PM said it was his aim to bring the numbers arriving in the country illegally 'down to zero', but admitted that was unlikely 'any time soon';

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