Work 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.

Work Permit

Now that you have held a South African Work Visa for a continuous period of 5 years, and provided you have a permanent offer of employment qualify for permanent residency!Please take note that the following visa types are not considered work visas for this application:
·      Zimbabwe or Lesotho special permits;
·      Intra Company Transfer Permits;
·      Corporate Permits;
·      Visitors visa’s endorsed for work.S26(a) of the Act States:Subject to Section 25 and any prescribed requirements, the Director-General may issue a permanent residence permit to a foreigner who –
(a) has been the holder of a work visa in terms of this Act for five years and has proven to the satisfaction of the Director General that he or she has received an offer of permanent employment.
 
Translation and hidden requirements….. the application must essentially prove:
·      That you have held work permit for over 5 years;
·      You should not have gaps between your visas;
·      You must hold a valid work visa at the time you submit your application for permanent residency (for example if you will reach 5 years on the expiry of your current visa, you will first need to renew the visa before you apply for permanent residency;
·      If your profession requires a professional body membership this must be up to date;

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