The new Immigration Act with its regulations came into effect on Monday 7th April 2003.

While there has been a fair measure of concern raised in the media and elsewhere regarding the implications of these regulations on foreign applicants, there is no need for undue concern.

Under the new regulations, specific criteria are set out.
If the applicant meets them, the required permit is as good as guaranteed. Various categories of permits exist with differing specifications and if the applicant does not meet the criteria for one then there is the likelihood of a different permit being more suitable and attainable.

The most relevant permits are as follows:

Temporary Residence

Visitors Permit
Initially granted for a three month period; can however be extended for a period not longer than three years during which time the applicant must demonstrate his ability to sustain himself in the country; applications to so extend the permit must be made in the second month of the visitor’s stay in the country.

That is, application must be made at least 30 days prior to expiry of the visitor’s permit; this ability to extend should serve the so-called “swallows” very well i.e., those clients wanting to stay in the country only for a few months of each year.

Retired Person Permit
In the past, retired persons were only able to apply for permanent residence permits but will now be able to apply for a retired person permit valid for 4 years; after this four year period, the applicant will qualify for citizenship in South Africa; under some circumstances, retired persons will also be able to work in South Africa under a retired persons permit; further, the requirement of a minimum stay of 183 days within South Africa will no longer apply, thus the holder can reside here permanently or seasonally for the duration of the permit; applicants qualify for this permit either by proving a pension worth R20 000.00 paid monthly to the applicant, alternatively proof of R12million net worth providing a monthly income of no less than R15 000.00.

Permanent Residence

Financially independent applicants proving a net worth of R12million with a monthly income of R15 000 qualify; As above, holders of retired persons permits can apply for permanent residency alternatively, applicants qualify for permanent residence by various other means, inter alia, work permits, business permits requiring an investment of at least R2.5million, or corporate permits; In certain circumstances clients can apply for exemptions from the criteria.

Another noteworthy change brought about under the new legislation is that only visitors from the UK, Australia and Ireland are exempt from obtaining visas prior to their arrival in South Africa. Visitors from all other parts of the world (unless in some cases an appropriate permit has been obtained) will therefore need to obtain these whereas they might not have needed to do in the past.

The contents of this brochure are presented for information purposes only and they are not to be depended on in any particular transaction. Professional legal and accounting advice should be sought on individual transactions. The contents contained herein are subject to change.

For more information, visit the government website on www.fic.gov.za

Information courtesy of Attorney's, Buchanan Boyes and Immigration Lawyer, Gary Eisenberg.