Immigration Basics

The present immigration policy places emphasis on broadening the economic base of South Africa by concentrating on obtaining those immigrants who are in a position to render meaningful contribution in this regard.

The South African immigration policy is embodied in Act 96 of 1991, which prescribes certain requirements.

-the applicant must be of good character
-he / she must be a desirable inhabitant
-he / she must not be likely to be harmful to the welfare of the Republic of South Africa
-he / she must not follow an occupation in which there are already a sufficient number of persons available to meet the requirements of the country. Applicants on holiday permits must apply for immigration from abroad at the nearest South African mission. Since 1 July 1996, applications cannot be submitted locally. This rule does not apply to spouses or dependent children of SA citizens or permanent residents. Persons on valid work or business permits may apply for immigration locally.

Workers

Fall in age group 18-51. Must be in possession of firm offers of employment commensurate with their qualifications and experience, and if professionally qualified will have to register with the appropriate South African body.
It will be expected of employers to motivate why the positions offered to prospective immigrants cannot be filled by South African citizens.

Family Reunion Scheme

Persons who wish to immigrate under this scheme, may apply for permanent residence provided the family members, who are South African citizens or permanent residents of South Africa, undertake to assist the applicant and his family financially, for the duration of stay in South Africa, or until the breadwinner is economically active, whichever is sooner.

Spouses and Children

Applies to cases where the spouse is a South African citizen or a permanent resident of the R.S.A. who can submit proof that he / she is legally married and that he / she has sufficient means to maintain his / her spouse and, if applicable, any dependent children in South Africa.

Section 25 (4) (b) of Act 96 of 1991, provides that a destitute, aged or infirm member of the family, may be sponsored by a person permanently and lawfully resident in the Republic, provided such person is financially able to support such a member of the family.

Retired Persons

Must submit documentary proof of their financial assets readily transferable to the R.S.A. The extent of the amount thus transferable and / or the assurance of a continued income of sufficient extent abroad are among factors taken into account.

Fiancé(e)’s

Persons who are engaged to a South African citizen or permanent resident can be divided into two groups viz., those who are considered to be acceptable in their own right and those who are not acceptable in their own right and whose applications may be considered by the Immigrants Selection Board on submission of a marriage certificate.

Financially Independent Persons

Persons who intend immigrating to (residing permanently in) South Africa and who apply therefore in the category financially independent, i.e. investors, will henceforth be required to:

transfer a guideline amount, not less that RI 500 000 to the Republic, of which R700 000 must be invested in the South African economy, for a period of three years, either as a deposit with a financial institution or by any other means such as the acquisition of immovable property. After three years the applicant must show proof that this requirement has been complied with, failing which their immigration permits may be withdrawn.

Refrain from engaging in employment, or establishing own businesses without the approval of the Department of Home Affairs.

Notify the Department of Home Affairs of any change of address during the three year period.

Own Business

Persons who wish to establish own businesses in the Republic will, in addition to providing sufficient funds for their maintenance and that of their families, be required to:

Transfer such minimum amounts as may be determined by the Immigrants Selection Board.

Submit to the Department of Home Affairs the following documentation after twelve months of establishment of the businesses

audited financial statements in order for the viability of the business to be assessed

documentary evidence that, since the establishment of the business, at least two South African citizens or permanent residents excluding family members, have been appointed and are still in service.

documentary evidence that the amounts, as determined by the above mentioned Board, have been utilised for the intended purpose

Own Business in Partnership or Co-operation

Those who intend to enter into business with one or more persons or to continue with an established business (such as a proprietary 1imited , limited company , close corporations or partnerships), must after twelve months from their entry into such ventures, submit evidence that their involvement resulted in a substantial contribution towards the South African economy or the full time employment of at least two South African citizens or permanent residents of the Republic, excluding family members.

Persons who Enquire about Immigration

Persons (except spouses and children and persons who are sponsored) are requested to complete a Preliminary Immigration Questionnaire, prior to being invited to apply for permanent residence in the Republic.
Persons who intend to start a feasibility study with regard to the new business
Prospective immigrants of eighteen years or older, will be subjected to a personal interview conducted by an official of the Department of Home Affairs.

It is important to note that in the case of married persons, applications are considered on the basis of a family unit.

Consult your nearest South African consulate for details pertaining to your circumstances.