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________________________________________ 1. Legal Basis for Revocation of Permanent Residency South African permanent residency is granted under the Immigration Act, 2002 (Act No. 13 of 2002). According to this Act, the DHA has the right to revoke permanent residence if certain conditions are met. The key legal provisions include: • Section 28 of the Immigration Act – Lists conditions under which permanent residence may be withdrawn. • Regulation 27 of the Immigration Regulations – Provides guidelines on residency requirements and obligations. • Constitutional Rights – While permanent residents have many rights similar to citizens, they are still subject to immigration laws. 2. Grounds for Revocation of Permanent Residency a) Absence from South Africa for More Than Three Consecutive Years • If a permanent resident stays outside South Africa for more than 3 consecutive years without returning, their status may be revoked. • The absence must be uninterrupted, meaning the individual never re-entered South Africa during the period. • Short visits to South Africa may prevent revocation, but frequent long-term absences can raise red flags. • Exception: If a valid reason for absence is provided (e.g., medical treatment, employment abroad with permission from DHA), revocation may be avoided. b) Fraud or Misrepresentation in the Application • If an individual obtained permanent residency through false information, forged documents, or misrepresentation, the DHA can revoke their status. • This includes cases where the applicant lied about their qualifications, marital status, or business investments. • If the DHA discovers fraud years later, they can still cancel residency. • If a spousal-based permanent residency was obtained but the relationship was fraudulent (e.g., a fake marriage), it will be revoked. c) Criminal Convictions • Serious criminal offenses can lead to revocation, particularly if the crime threatens national security, public order, or economic stability. • Crimes such as drug trafficking, fraud, violent offenses, or terrorism-related activities may result in cancellation. • Convictions for minor offenses (e.g., traffic violations) typically do not lead to revocation. • If a permanent resident is declared "undesirable" due to criminal activity, their status may be withdrawn. d) Failure to Comply with the Terms of Residency • Some categories of permanent residency come with specific conditions (e.g., business visa holders must continue operating their business). • If a business-based permanent resident closes their business or does not meet the required job creation criteria, their residency may be revoked. • For retirement-based residency, failure to meet the minimum required monthly income could lead to revocation. e) Being Declared an "Undesirable Person" • Under Section 30 of the Immigration Act, a permanent resident can be declared undesirable if they: o Engage in activities that threaten public safety or national security. o Are involved in human trafficking, terrorism, or corruption. o Have a serious communicable disease (in rare cases). • A person declared undesirable may be banned from re-entering South Africa. f) Involvement in Terrorism or Subversive Activities • If a permanent resident is found to be involved in terrorism, espionage, or attempts to overthrow the government, their status can be revoked. • Association with banned organizations may also lead to cancellation. g) Revocation of Refugee Status (For Asylum Seekers) • If permanent residency was granted based on refugee status, and the individual: o Voluntarily returns to their home country, o Commits fraud in their refugee application, o No longer needs protection under international refugee laws, o They may lose both their refugee status and permanent residency. 3. The Process of Revocation If the DHA suspects that a permanent resident has violated residency laws, the following process is usually followed: Step 1: Notification of Intention to Revoke • The DHA issues a formal Notice of Intention to Revoke permanent residency. • The notice states the reasons for possible revocation. • The individual is usually given 30 to 60 days to respond or provide evidence against the revocation. Step 2: Submission of Response • The permanent resident can submit documents, affidavits, or legal arguments to challenge the revocation. • Supporting evidence may include proof of travel history, business operation, tax compliance, or legal status. • Legal representation (immigration lawyers) can be used to defend the case. Step 3: DHA Review and Decision • The DHA reviews the response and either cancels or upholds the revocation. • If the response is accepted, the person retains their permanent residency. • If revocation is confirmed, the DHA will issue an official Revocation Order. Step 4: Appeal Process • A revoked permanent resident has the right to appeal the decision within a set period. • The appeal can be made to the Minister of Home Affairs or through the South African courts. • If the appeal fails, the individual may be ordered to leave the country. 4. Can Revoked Permanent Residency Be Reinstated? Yes, in some cases, a person can reapply for permanent residency or petition for reinstatement if they can prove: • The revocation was based on incorrect information or misunderstanding. • They had a valid reason for prolonged absence (e.g., working abroad for a South African employer). • They have corrected any previous non-compliance issues. 5. How to Prevent Permanent Residency Revocation To avoid losing permanent residency, individuals should: ✅ Not stay outside South Africa for more than 3 years without returning. ✅ Ensure all information provided to DHA is truthful and avoid using fraudulent documents. ✅ Avoid criminal activity and comply with South African laws. ✅ Continue meeting financial or employment obligations (for business, retirement, or work-based residency). ✅ Maintain accurate records of travel, tax filings, and business operations. ✅ Renew necessary permits or sectoral approvals (if applicable). ✅ Respond promptly if the DHA requests documents or information. Conclusion Yes, permanent residency in South Africa can be revoked under specific conditions, mainly for prolonged absence, fraud, criminal activity, or failure to comply with residency terms. If the DHA intends to revoke someone's residency, they will be given a chance to respond or appeal. However, if revocation is finalized, the person may have to leave South Africa or apply for a new visa. Would you like help with specific revocation cases, legal appeals, or ways to protect your permanent residency? 😊 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 Please rate us by clinking on this links : Sa Migration Visas https://g.page/SAMigration?gm |
