Considering Permanent Residence in South Africa, Facts to Note!

 Just as every other controlled economy and nation, South Africa also has set measures in controlling the number of immigrants it can accommodate. South Africa has a large base of semi-skilled and unskilled workers that are genuinely permitted to work prospects hence for every oversea person in the unskilled and semi-skilled classes – they may not be admitted as immigrant workforce.

South Africa values its economic development and growth and with huge consideration for the creation of work prospects, training and advancement for its residence and citizens, the country cannot afford to award permits for immigration to folks that are not completely dedicated to immigrating to South Africa permanently and to put in their assets, expertise, knowledge and know-how for the benefit of themselves and the citizens of the country.

The goals and functions of South Africa immigration control are as follows (with distinct locus to Section 2 of the Immigration Act, 2002 (Act 13 of 2002) :

Section 2(1)

In the management of this Act, the Department shall adhere to the following objectives:

·         expediting and streamlining the issuance of permanent and temporary residence to folks that are eligible to them, and concentrating resources and efforts in implementing this Act at municipal level and discouraging illegitimate foreigners;

·         enabling overseas investments, tourism and industries in the nation which are dependent on global exchanges of people and personnel

·         permitting remarkably skilled or qualified people to sojourn in the country

·         controlling the set fees, fines and other expenditures it receives in such a fashion as to defray the total cost of its operation.

Section 2(2)

In the bid to achieve the points set out in subsection (1), the Department shall observe and exact compliance from folks or entity working out responsibilities or bearing duties or onuses in terms of this Act.

Duty of the South African Consulate General in New York/North America

Aspirants that are lawfully living in North America must apply for immigration through the South African Consulate General in New York.  This is the only base in North America that is obligated to process requests for immigration. In terms of Section 24(8) of the Aliens Control Act, 1991, this agency is only liable for the organizational functions of the immigration applications, and these include, inter alia, receipt of whole application and the relative charge, conduct of interview, appeal of outstanding papers and reports, recommendation of the application to the regional offices and notice of the decision to candidate.  Potential immigrants must keep in mind that no foreigner shall enter or stay in the Republic of South Africa with sight of permanent residence therein unless the person is in proprietorship of an immigration permit. The result of the application must be anticipated outside South Africa.

Section 26 - Direct Residence

Subject to Section 25 of the Immigration Act (2002), the Department shall provide permanent residence permits to the following classes of foreigners dealt with in Section 26(a-c)

26 (a) refers to a foreigner

·         who has been in the country on a work permit for 5 years

·         Who has received a permanent bargain of employment

·         whose employer's chartered accountant submitted a documentation that the post exist and is anticipated to be filled by such alien

Should an immigrant meet the above necessities, his/her spouse and kids under the age of 21 will equally qualify for permanent residence.

26(b) refers to a spouse of a SA citizen/permanent resident provided that:

·         a good faith relationship exist

·         a permanent residence permit shall lapse if, within 3 years after the date of application, the relationship no longer exists, except in the case of demise.

26(c) refers to a child of a citizen or permanent residence under the age of 21 provided that:

·         A permit shall lapse if the kid does not defer to an application to the Department within 2 years of 21st birthday for validation of residential standing.

Other categories and processes are available as with this subject and can be fully seen in the state government official website or at its embassy.