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Immigration Act, 2002 (Act No. 13 of 2002)

Permanent Residence

26. Direct residence


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 for permanent employment.
(b) Has been the spouse of a citizen or permanent resident for five years and the Director-General is satisfied that a good faith spousal relationship exists: Provided that such permanent residence permit shall lapse if at any time within two years from the issuing of that permanent residence permit the good faith spousal relationship no longer subsists, save for the case of death;
(c) is a child under the age of 21 of a citizen or permanent resident, provided that such permit shall lapse if such foreigner does not submit an application for its confirmation within two years of his or her having turned 18 years of age; or
(d) is a child of a citizen.


[Section 26 amended by section 17 of Immigration Amendment Act, 2011 (Act No. 13 of 2011)]