The Director-General may, subject to any prescribed requirements, issue a permanent residence permit to a foreigner of good and sound character who—
| (a) |
has received an offer for permanent employment, provided that – |
| (i) |
such foreigner has proven to the satisfaction of the Director-General that the position exists and that the position and related job description was advertised in the prescribed form and no suitably qualified citizen or permanent resident was available to fill it; |
| (ii) |
the application falls within the specific professional category or within the specific occupational class contemplated in section 19(1); and |
| (iii) |
the permit may be extended to such foreigner’s spouse and children younger than 18 years of age; |
| (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; |
| (c) |
intends to establish or has established a business in the Republic, as contemplated in section 15, and investing in it or in an established business, as contemplated in section 15, the prescribed financial or capital contribution to be part of the intended book value, and to the members of such foreigner’s immediate family: Provided that— |
| (i) |
the Director-General may waive or reduce such financial or capital contribution for businesses prescribed to be in the national interest or when so requested by the Department of Trade and Industry; and |
| (ii) |
the permanent residence permit shall lapse if the holder fails to prove within two years of the issuance of the permanent residence permit and three years thereafter, to the satisfaction of the Director-General, that the prescribed financial or capital contribution to be part of the intended book value is still invested as contemplated in this paragraph; |
| (d) |
is a refugee referred to in section 27(c) of the Refugees Act, 1998 (Act No. 130 of 1998), subject to any prescribed requirement; |
| (e) |
intends to retire in the Republic, provided that such foreigner proves to the satisfaction of the Director-General that he or she— |
| (i) |
has the right to a pension or an irrevocable annuity or retirement account which will give such foreigner a prescribed minimum payment for the rest of his or her life; or |
| (ii) |
has a minimum prescribed net worth; |
| (f) |
has proven to the satisfaction of the Director-General that he or she has a prescribed minimum net worth and has paid a prescribed amount to the Director-General; or |
| (g) |
is the relative of a citizen or permanent resident within the first step of kinship. |
[Section 27 amended by section 18 of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]
South African Institute for Drug Free Sport Act, 1997
