Applications for Permanent Residency are considered in terms of the below two Sections of the Immigration Act of 2002, as amended –
Section 26 (Direct Residency Permits)
This category of permit is applicable to foreigners who have been residing in South Africa on the basis of their work permits for a minimum period of five years, also applicable to spouses and dependents of South African citizens/permanent residence permit holders.
Section 27 (Residency-on-Other-Grounds Permits)
This category of permits applies to foreigners who:
- are in possession of a permanent work offer in South Africa.
- have exceptional skills and qualifications.
- intend to establish a business in South Africa.
- qualify as Refugees in terms of Section 27(c) of the Refugees Act.
- qualify as retired persons.
- are financially independent.
- are relatives (biologically or judicially adopted) of a South African citizen/permanent residence permit holder.
- having been in a spousal relationship with a South African citizen for more than 5 years.