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 relationship relationship for five years
Be married to an SA relationship 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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Work visas in South Africa for students & families

International students studying in South Africa may work during their studies. Students may perform part-time work of up to 20 hours a week, provided that it doesn’t interfere with their studies. If you stay within these limits, you do not need a work visa beyond your South African student visa. However, if you plan to work more than 20 hours per week, you must apply for a South African work visa.

Work visas in South Africa for self-employed individuals
South Africa does not currently have visas specific for freelancers, entrepreneurs, or self-employed people. If you are looking for a visa to gain entry to South Africa, consider finding a job through an employer willing to sponsor your visa or checking if you would qualify through any of the critical skills fields experiencing labor shortages.

Volunteering and work experience in South Africa
If you’re hoping to volunteer in South Africa, you must apply for a Volunteer Visa. A Volunteer Visa is a type of visitor visa that is valid for up to three years. Be sure to apply at your local consulate. While volunteering, you may receive a daily food stipend but cannot otherwise receive payment from the organization you volunteer with.

The Volunteer Visa application costs R425 in addition to the R1,550 service fee. The necessary documents for this visa are as follows:
• Completed application form
• A copy of your volunteer agreement with the charitable organization
• Proof of sufficient funds for your stay
• Police clearance from everywhere you have lived as an adult for longer than 12 months
• Medical report
• Radiological report

South African work visas for family members
If you are seeking a Temporary Residence Visa (e.g., General Work Visa, Critical Skills Visa, Intra-company Transfer Work Visa), then you can include your family members on your visa application. Family members include spouses and dependents. Once approved, your family’s visas will mirror yours in duration. However, family members may not work or study while attached to your Temporary Residence Visa; they must apply for their own visa in order to work or study.

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Retirement Visa with Work or Business Permissions

Overview:
A South African Retirement Visa is primarily designed for individuals who wish to settle in South Africa after retirement. However, it does offer the flexibility to engage in work or business activities under specific conditions. Applicants must demonstrate financial self-sufficiency and compliance with immigration laws.

Pros:
1. Flexible Income Requirements:
o The retirement visa focuses on proving a monthly income of R37,000 from pensions, rentals, dividends, or other passive income sources rather than requiring an upfront capital investment.
o Applicants are not required to start a business to qualify, making it ideal for retirees with steady passive income.

2. Long-Term Stay Options:
o Renewable 4-year validity with the potential to extend indefinitely.
o Allows applicants to establish a permanent base in South Africa without employment restrictions.

3. Permission to Work or Operate a Business:
o Retirees can apply for work or business permissions through endorsements.
o Enables flexibility to either work part-time, offer consultancy services, or manage a business without transitioning to a full business visa.

4. Simpler Requirements for Business Activity:
o No strict minimum investment requirements for engaging in a business when compared to the Business Visa.
o Provides an opportunity to run a smaller-scale business, ideal for consulting, freelancing, or niche ventures.

5. Tax Advantages:
o South Africa has double taxation agreements with many countries, potentially benefiting retirees managing offshore income.

Cons:
1. Financial Dependency Requirement:
o Applicants must prove sustainable passive income, which excludes active salaries or business profits.
o The minimum income threshold may be challenging for applicants without pensions or rental incomes.

2. Work and Business Permissions are Not Automatic:
o Applicants need to apply for an endorsement to work or operate a business, which can lead to additional paperwork and approvals.

3. Limited Business Scale:
o While managing a business is allowed, the retirement visa is not designed for large-scale operations requiring significant employment creation.

4. Restrictions on Employment Types:
o Jobs involving physical labor or employment through other businesses may require transitioning to a dedicated work visa instead.

2. Business Visa
Overview:
A Business Visa in South Africa is aimed at entrepreneurs and investors looking to establish or expand a business in the country. This visa requires a financial investment and a formal business plan, demonstrating the potential for economic growth and job creation.

Pros:
1. Tailored for Entrepreneurs:
o Specifically intended for those who want to actively operate or start a business in South Africa.
o Provides full flexibility to employ local staff, scale operations, and expand business ventures.

2. Investment Benefits:
o The visa demands a minimum capital investment of R5 million (or less if in key sectors or industries identified by the government).
o Encourages applicants to contribute to economic development, innovation, and employment.

3. Employment Creation Requirement:
o Applicants must create 60% of jobs for South African citizens or permanent residents.
o This requirement aligns with local development goals and builds goodwill within communities.

4. Work Authorization Included:
o No need for separate work permissions. Visa holders can directly engage in running the business they establish.

5. Potential for Permanent Residency:
o After 5 years of continuous business activity, visa holders may qualify for permanent residency.

6. Sector-Specific Benefits:
o Business visas may offer waivers on certain investment thresholds for industries like IT, renewable energy, and tourism.

Cons:
1. Higher Financial Investment Requirements:
o Applicants need to provide R5 million capital investment unless exemptions apply, making this visa less accessible to small-scale entrepreneurs.

2. Ongoing Compliance Burden:
o Businesses are subject to audits, employment verification, and B-BBEE compliance requirements.

3. Limited to Business Activities:
o Visa holders cannot engage in salaried employment outside their business activities.

4. Approval Delays:
o Processing times can take several months due to business evaluations and compliance checks.

5. Risk of Business Failure:
o The success of the visa is tied to the performance of the business. Failure to meet employment or revenue targets could affect renewal or residency applications.

Comparison Table
Aspect Retirement Visa (with Work/Business Permissions) Business Visa
Purpose Retire and potentially work/manage small business Establish and operate a business
Investment Requirement None for visa; additional investment for business Minimum R5 million (with exemptions)
Work Authorization Requires endorsement for work/business Automatically included for business

Duration 4 years (renewable) 3–5 years (renewable)

Employment Creation Requirement None 60% jobs for South Africans

Permanent Residency Path Possible with long-term renewals After 5 years of business operation

Flexibility Allows retirement and part-time business/work Full focus on business operations

Complexity of Setup Low (passive income proof) High (business plan, compliance)

Which Visa is Right for You?
1. Retirement Visa (with Work/Business Permissions):
o Ideal for individuals looking to semi-retire while having the option to engage in small-scale business or consultancy. It’s perfect for applicants with stable passive income and no interest in large business operations.

2. Business Visa:
o Best suited for entrepreneurs and investors aiming to establish or expand a business in South Africa. It offers a structured path to permanent residency but requires significant investment and compliance.

Conclusion
Choosing between a Retirement Visa with Work/Business Permissions and a Business Visa depends on your financial readiness, intentions for work or business, and long-term residency goals. The retirement visa provides flexibility for passive income earners, while the business visa suits entrepreneurs ready to make significant economic contributions. Careful evaluation of requirements, costs, and benefits is essential before deciding which visa to pursue.

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Parliament's Home Affairs committee edging closer to finalising Immigration Amendment Bill

On Tuesday, the committee approved an amendment to the bill that will allow those taken into custody to be released pending further investigation.
CAPE TOWN - Parliament’s Home Affairs committee is edging closer to finalising an Immigration Amendment Bill that seeks to improve the treatment of foreign nationals suspected of being in the country illegally.

On Tuesday, the committee approved an amendment to the bill that will allow those taken into custody to be released pending further investigation.
The bill affords foreign nationals the right to be brought before court within 48 hours of an arrest for the purposes of deportation.
In response to public hearings earlier this year appealing for the more humane treatment of women and particularly children detained on suspicion of being in the country illegally, the committee on Tuesday made an amendment to allow for their release.

But this will be under strict conditions as the Department of Home Affairs’ legal advisor, Advocate Moses Malakate explained, “The immigration officer must ensure that all the factors that have been listed have been considered, and they will also appear on the release form what has been included in the decision.”