South African immigration rules distinguish between direct residence and residence. “Direct”residence must be granted to any foreign national, irrespective of personal character, while residence may be granted on the fulfilment of prescribed criteria to any foreign national of “good and sound character”.

Direct residence must be granted to any foreign national who demonstrates the following:

· Has been the holder of a work permit, including one issued under a corporate permit, for 5 years and has received an offer of permanent employment in South Africa and the Department of Labour certifies the application

· Is the spouse of a South African citizen or permanent resident. The term “spouse” includes same-sex and heterosexual life partners

· Is a child of a South African citizen or permanent resident under the age of 21

· Is the child of a citizen

Residence may be granted to any foreign national of good and sound character who demonstrates the following:

· Has received an offer of permanent employment in South Africa and the Department of Labour certifies the application

· Demonstrates to the satisfaction of the Department of Home Affairs the possession of extraordinary skills or qualifications

· Demonstrates that all temporary Business permit criteria are met

· Intends to retire in South Africa and that all requirements for a temporary Retirement permit are met

· Is financially independent by tendering a fee of 100,000 rands to the Department of Home Affairs and demonstrating a net worth of at least 20 million rands

· If the relative of a South African citizen or permanent resident (within the first step of kinship) on the basis that the South African relative demonstrates the availability of at least 5,000 on a monthly basis to support such foreign applicant indefinitely. This financial criterion does not apply when the foreign applicant is a dependent child of the South African sponsor

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