This permit allows a person to live permanently in South Africa, while remaining a citizen of another country. According to the Immigration Amendment Act this permit can be issued on condition that the holder is not prohibited (because of disease, outstanding conviction, previous deportation, association with terrorism or possession of fraudulent permits/passport) and not undesirable (declared incompetent, unrehabilitated insolvent, fugitive from justice or previous criminal convictions). In some instances such as in the instance of a scarce skill, a person who wants such a permit should apply before coming to South Africa. Sometimes a person who is here on a temporary work permit will be allowed to apply for an immigration permit while she or he is already here. The other permits that they are on must still be valid.

There are four ways of obtaining a permanent residence permit. If the person:

1. Has been the holder of a work permit for five years and has received an offer for permanent employment
2. Has been the spouse of a South African citizen or permanent resident for 5 years
3. Is a child under the age of 21 years and born of a permanent resident
4. Is a child of a South African citizen

The application forms are available at any South African embassy or consulate, or directly from the Department of Home Affairs in Pretoria.

A fee is charged on application for a permanent residence. Contact the local Department of Home Affairs office to confirm the fee amount.

The following documents (where applicable) must be submitted with the application:

• A full set of fingerprints
• Marriage certificate/proof of spousal relationship, if applicable
• Divorce decree/proof of legal separation, if applicable
• Proof of custody/maintenance, if applicable
• Death certificate in respect of a late spouse, if applicable
• Consent of parents in respect of minors, if applicable
• Proof of judicial adoption, if applicable
• Police clearance certificates in respect of all countries in which you resided for a period of one year or longer since your 18th birthday
• A valid temporary residence permit, if you are already residing in South Africa

When the application is received by Home Affairs, it is sent to a regional committee of the Immigrants Selection Board in the province where the applicant wishes to live. The members of these regional committees and of the Board as a whole are not officials of any government department, but are independent individuals. The committee will investigate the application.

The applicant must be:

• Of good character
• A ‘desirable inhabitant’ of South Africa
• Not likely to take a job for which there are enough South Africans available

The committee will give special consideration to the following applications, but there is still no ‘right’ to be granted the permit:

• Someone who is the aged or destitute or disabled dependant of a permanent resident, provided that the permanent resident concerned has enough money to support the dependants.
• The husband or wife of a South African citizen or a permanent resident.

The Constitutional Court has said South Africans have a right to live in the country that they were born in with the partner of their choice. This means the government cannot refuse to give immigration permits to foreign-born spouses (husbands or wives) of South African citizens.

The court has also said that the Department of Home Affairs may not refuse to issue work permits to foreign-born spouses of South African citizens unless they have a very good reason. Therefore spouses and dependants of South African citizens do not pay for an immigration application (Permanent Residence). People who have entered into a civil union in terms of the Civil Union Act, life partners in common law or gay relationships should receive the same treatment as married applicants. Because they don’t have marriage certificates, they have to supply affidavits stating they are life partners with their applications.

If the committee grants the permit, it may make it a condition that the person works and lives in the province concerned for at least 12 months.

If the permit is refused, the applicant may ask the Central Board to review the provincial committee’s decision but it does not have to. Legal advice is definitely necessary to see if there can be any court challenge to the decision.

Withdrawal of a permanent residence permit can take place in circumstances including the following:

• If convicted of any listed offences
• Has been absent from the republic for more than three years unless exempted
• Has not taken up residence in the Republic within one year of the issuance