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Residence Permit in South Africa

2024-01-03 15:04 South Africa
Obtaining a residence permit in South Africa opens doors to a world of diverse experiences and opportunities. Whether for work, study, or leisure, securing a residence permit is the key to embracing the rich culture and breathtaking landscapes of this vibrant nation.

Temporary residence permit in South Africa: requirements and documents

To apply for a temporary residence permit, you need to submit the following documents:

  1. Application Form: Complete and sign the application form for your temporary residence permit.
  2. Valid Passport: Provide a passport with a validity period of at least 30 days beyond the intended visit expiry date.
  3. Recent Passport Photograph: Include a recent passport-sized photograph taken within the last six months, following the Department of Home Affairs guidelines.
  4. Yellow Fever Vaccine Certificate: Submit proof of yellow fever vaccination if required.
  5. Police Certificate: Obtain and submit a police certificate from every country where you have resided for more than 12 months.
  6. Medical and Radiology Reports: Include medical and radiology certificates issued within the last six months. Note that radiology reports are not mandatory for pregnant women and children under 12.
  7. Civil Status Documents: Provide civil status documents, such as marriage and divorce certificates (if applicable), birth certificate, proof of name change (if applicable), etc.
  8. Proof of Relationship: If bringing an unmarried partner, submit proof of your relationship.
  9. For Minor Applicants:
  • Unabridged Birth Certificate
  • Proof of Custody for the Minor
  • Consent from the Parents of the Minor
  • Marriage Certificate (if applicable)
  • Proof of Legal Adoption

Pension residence permit in South Africa: nuances

A retirement permit for South Africa allows individuals to retire and settle in the country on a permanent basis. This type of permit has gained popularity among expatriates due to South Africa's offering of a high-quality lifestyle, good value for money, and a favorable climate. The retirement permit is specifically designed for those who do not intend to work, study, or engage in business activities while in the country. To qualify for permanent residency based on a retirement permit, applicants need to demonstrate financial stability, with access to a pension, irrevocable annuity, or retirement account providing a minimum monthly income of R37,000 for life. Alternatively, assets or cash generating an equivalent monthly amount can be considered. There is no age restriction for this category. When applying for a retirement permit, standard requirements include completing the residency application form, possessing a valid passport, providing medical and radiological reports, obtaining police clearance certificates, and, if applicable, a yellow fever certificate. Individuals granted permanent residency under this category may engage in "retirement type work activity," subject to approval from the Department of Home Affairs. South Africa's taxation system is based on worldwide income for residents, taking into account whether the country is considered the permanent home. Recent tax changes have increased scrutiny, requiring all homeowners to be tax registered. The advantages of a retirement permit in South Africa include its retirement-friendly environment with no age restrictions, tax-friendly policies, double taxation agreements, no tax on foreign-sourced pension schemes, and a low capital gains tax rate. Both income and capital can be utilized when applying for either temporary or permanent retirement permits.

Spouse temporary residence permit in South Africa

The Immigration Act outlines two specific categories of temporary residence visas available to foreign spouses of South African citizens, encompassing both civil marriages and life partnerships lasting at least two years at the time of application. These visa options are:

Relative Visa:

  • Issued for a fixed two-year period, with the possibility of extension.
  • Requires the South African spouse to demonstrate a monthly financial capacity of at least R8,500.00 to support the foreign relative throughout the two-year duration.
  • Does not permit the foreigner to engage in any form of employment within South Africa.

Visitor Visa:

  • Issued for up to three years at a time, with the option of extension.
  • Allows the applicant to apply for various authorizations, such as business, work, or study, without adhering to the standard application requirements specified in the Immigration Act for other temporary residence visas.
  • The South African spouse (pertaining to both marriages and life partnerships) is not required to demonstrate financial capability to support the foreigner.

An essential update for spouses and children of RSA citizens or permanent residents is the possibility of changing status from within South Africa, as indicated in additional information.

Regarding the difference between a life partner permit and a spousal visa, the South African Immigration Act acknowledges spousal relationships, including genuine life partnerships that have endured for at least two years, meeting criteria such as exclusivity, cohabitation, and mutual financial and emotional support. The definition of a spousal relationship is not limited to marriage but extends to permanent homosexual or heterosexual life partnerships.

Documentation proving the existence of the life partnership is crucial for a spousal visa application. The Department of Home Affairs requires assurance that the relationship has persisted for a minimum of two years preceding the application. Foreign nationals seeking a spousal-based visa must ensure the inclusion of sufficient evidence supporting their application. If all criteria are met, a spousal visa and a life partner visa are considered synonymous.

South Africa residence permit by investment

Situated at the convergence of the South Atlantic Ocean and Indian Ocean, South Africa stands out as the most developed nation in Africa, boasting the second-largest economy on the continent. Comprising a third of Africa's entire GDP, South Africa offers investor immigrants a wealth of opportunities for lucrative returns on investment, coupled with the privilege of residing in a well-developed, multicultural society equipped with modern amenities.

Investment Requirements for South Africa Investor Residency:

Temporary Visa:

  • Business Visa: Capital contribution of at least R 5 million in new machinery or equipment in a new or existing business. 60% of total staff must be citizens or permanent residents as permanent employees.
  • Retired Persons’ Visa: Minimum monthly income of R 37,000 derived from pension/irrevocable annuity/retirement accounts or a combination of assets, or the applicant’s net worth.

Permanent Residence Permit:

  • Based on establishing a new business or investing in an existing business in South Africa: Capital contribution of at least R 5 million in new machinery or equipment in a new or existing business. 60% of total staff must be citizens or permanent residents as permanent employees.
  • Based on retirement in South Africa: Minimum monthly income of R 37,000 for the applicant derived from pension/irrevocable annuity/retirement accounts or a combination of assets, or the applicant’s net worth.
  • Based on Net Worth: Minimum net worth of R12 Million with R120,000 payable to the Director-General immediately upon approval of the residence permit application.

Residence permit for diplomats in South Africa

To obtain a diplomatic visa or permit in South Africa, diplomats usually need to follow these steps:

  1. Diplomatic Note: The sending country's embassy or mission in South Africa typically issues a diplomatic note to the South African Department of International Relations and Cooperation (DIRCO) requesting the issuance of a diplomatic visa or permit for their staff.
  2. Submission of Documentation: The diplomat or embassy staff member will need to submit the necessary documentation, including a valid passport, the diplomatic note, and any other required forms, to the South African diplomatic mission in their home country or the relevant authorities in South Africa.
  3. Approval Process: The South African authorities will review the diplomatic note and documentation. Once approved, the diplomatic visa or permit will be issued.
  4. Arrival in South Africa: Upon arrival in South Africa, diplomats must report to the Department of International Relations and Cooperation (DIRCO) to complete any remaining administrative processes.

Residence permit in South Africa: cost

The cost for a residence permit application in South Africa is R1,550 per submission.

How long does it take to get a South African residence permit?

The processing time for a South African residence permit can vary depending on various factors, including the type of permit, the completeness of the application, and the specific circumstances of the applicant. In many cases, it may take up to a month or more for the processing to be completed.