Critical Skills Permit


Applications for permanent residency in South Africa are considered in terms of Section 26 (Direct Residency Permits) and Section 27 (Residency-on-Other-Grounds Permits) of the Immigration Act 2002 (Act No 13 of 2002), and read with Regulation 33 of the Immigration Regulations.

Critical Skills Permit

Now that you have your critical skills visa, and provided you have 5 years experience within the field, you qualify for permanent residency!

S27(b) of the Act States:

The Director-General may, subject to any prescribed requirements, issue a permanent residence permit to a foreigner of good and sound character who –

 (b) taking into account any prescribed requirement, has demonstrated to the satisfaction of the Director General that he or she possesses extraordinary skills or qualifications, and to those members of such foreigner’s immediate family determined  by the Director-General under the circumstances or as may be prescribed;

 Regulation 24(4) states that:

The requirement contemplated in section 27(b) of the Act shall be the submission of-

  • Proof that the applicant falls within the critical skills category in the form of-
  • A certificate from the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act or the relevant Department confirming the skills or qualifications of the applicant; and
  • If required by law, a certificate of registration with the professional body, council or board recognised by SAQA in terms of 13(1)(i) of the National Qualifications Framework Act
  • Proof of post qualification experience of at least 5 years;
  • Testimonials from previous employers and a comprehensive curriculum vitae; and
  • A letter of motivation indicating that the critical skills possessed by the applicant will be to the benefit of the South African environment in which the person intends to operate and which relates to the critical skill in question.

Translation..... the application must essentially prove:

  • Your critical skill;
  • Your membership and confirmation of skills from the professional body;
  • 5 years work experience (this experience does not need to be in South Africa);
  • The wonderful things you have done and your achievements to date;
  • That your permanent residency will benefit the South African environment and more specifically the field in which you operate.

**Please note that the Minister has waived the 5 year experience requirement where applicants have studied towards their critical skill in South Africa.

Frequently asked questions:

In the case of foreign countries that do not issue unabridged birth certificates, a letter to this effect issued by the competent authority of the foreign country should be produced.

All documents should be originals or certified copies thereof.

Police Clearances:

Police clearances are required for all long stay visa types (ie any stay in South Africa longer than 3 months).

Contact us for advice on which police clearances you will need to secure and how to go about getting the certificate.

Contact us

Drop us a line or give us a ring. We love to hear from you and are happy to answer any questions.
64 Waterfall Avenue Craighall
info@smithcolaw.co.za
+27 76 886 1181