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  /Temporary Residence    
 

Visitor’s permit
These permits are granted for purposes of holiday, study and business for a period of less than 3 months, academic sabbaticals, voluntary or charitable activities or research in South Africa for a maximum period of 3 months upon entry. This permit prohibits its holder to engage in work in South Africa during its validity. Such permits may, however, be extended within South Africa for 3 years at a time. Proof of sufficient financial and repatriation means are essential to entry and for extending such permit.
Study permit
These are issued to enable studying in South Africa for periods in excess of 3 months at any institution in good standing with the Department of Home Affairs. These institutions include primary, secondary, tertiary educational institutions, or any other bona fide institution of learning such as professional, training, cultural, technical, research vocational, sportive, language and entertainment institutions of learning. Although study permits do not allow the holder to engage in employment in South Africa, they do allow part-time work and practical training related to the field of study of the holder.

Business permit
This permit is issued to allow employment with the business enterprise owned or established in South Africa by the applicant concerned. The minimum direct foreign capitalisation required to be demonstrated by the applicant to acquire such permit is 2.5 million rands, which is issued for a maximum duration of 2 years (renewable). Business permit applications which demonstrate strong skills or technology transfer or which are considered to be in the national interest, for instance, are usually approved despite the minimum capitalisation requirement not being demonstrated.

Relative’s permit
This permit enables a foreign national who is a member of the immediate family of a South African citizen or permanent resident to take up residence in South Africa. Issued for a maximum of 2 years, it may be renewed thereafter. This permit does not allow its holder to take up employment in South Africa and is granted only subject to a demonstration that the South African relative is able to support the applicant financially for the duration of the permit.

Work permit
Four types of work permits are available, depending on the circumstances and intentions of the foreigner. These are:
A quota work permit is issued to a foreigner on the basis that he falls within a specific prescribed quota category published from time to time in the South African Government Gazette and that the South African employer pays to the Department of Home Affairs a training fee of 2% of the applicant’s taxable remuneration. In terms of current regulations, a quota work permit will have a validity for as long as the employer continues to pay the training fee and submit on a yearly basis accountant’s certification that the applicant remains employed on the same terms and conditions. No labour certification is necessary to obtain this type of permit, but permanent residence cannot be obtained on the fulfillment of quota work permit criteria.
A general work permit may be issued to any foreign national who intends to take up employment in South Africa on the basis of a contract of employment. While certain employment positions are exempt from having to be advertised in the national media (such as key managerial, specialised chef, sports professional, religious worker positions), all applications must be approved by the Department of Labour office in the region where the applicant intends being employed. These permits are issued for a maximum of 3 years at a time and are renewable.
An exceptional skills or qualifications work permit is granted on a showing that the applicant possesses such skills or qualifications. Current regulations necessitate the applicant to corroborate these facts by way of letters from foreign or South African government bodies or from established South African cultural, business or academic institutions. This is the only work permit which does not restrict its holder to any specific employer or enterprise.

Intra-company transfer work permits are granted to foreign nationals who are employed abroad by a business operating in South Africa through a branch, subsidiary or affiliate relationship and by virtue of such employment abroad requires to conduct work in South Africa for a period not exceeding 2 years. Such permit cannot be extended.

Retired person permit
This permit may be issued for 4 years at a time on the basis of the applicant’s desire to take up retirement in South Africa. While there is no minimum age requirement to obtain such a permit, the applicant must demonstrate a minimum pension entitlement of R20,000 per month for life or a minimum net worth of 12 million rands producing a minimum of 15,000 rands per month. These requirements as provided for by regulation, may be adjusted from time to time. The holder of such permit may work in South Africa if authorised to do so by the Department of Home Affairs.

Corporate permit
A corporate permit is the only temporary work authorisation granted not to a foreign employee, but to a corporate (that is, a juristic) applicant established or doing business in South Africa. This permit enables a corporate applicant to employ a number of foreign nationals determined by the Department of Home Affairs. Corporate permits are granted subject to an assessment by the Department of the need by the corporate applicant to employ foreigners, the number of South Africans already employed by such applicant, the training programme provided by the applicant for South African employees and other factors prescribed from time to time.

Asylum permit
An asylum permit may be issued at a port of entry to any foreign national determined to be a bona fide asylum seeker for a period of 14 days to enable such person to report to a Refugee Reception Office in South Africa.

This permit is issued to diplomats (inclusive of ambassadors, ministers of foreign states, career diplomats, recognised consular officers and representatives of international organisations)
Medical treatment permit

This permit may be issued to any foreign national for any period in excess of 3 months to receive medical treatment at a South African private or public hospital, health facility or any other bona fide institution of treatment (including health farms, old age homes, rehabilitation and detoxification centres). Medical permits are issued for an indefinite period as long as the permit holder continues to submit to the Department prescribed certifications of financial means and verification of continued treatment.
Foreign spouses and dependent children

Foreign spouses, including same sex and heterosexual life partners, and dependent children of South African citizens and permanent residents may obtain any of the aforementioned temporary residence permits upon application. Persons in these categories are exempt from permit application fees and in the case of business, work and study permits do not have to comply with the usual requirements. However, they do have to comply with requirements relating to the verification of the relationships establishing the exemption.

Exchange, Diplomatic, Treaty and Crew permits, and Cross-border and transit passes are also issued for specific prescribed purposes.

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

 

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