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

Exclusions and Exemptions

28. Withdrawal of permanent residence visa

 

The Department may withdraw a permanent residence permit if its holder—

(a) convicted of any of the offences—
(i) listed in Schedules 1 and 2; or
(ii) in terms of this Act;
(b) has failed to comply with the terms and conditions of his or her permit;
(c) has been absent from the Republic for more than three years, provided that—
(i) upon showing good cause and upon prior application the Department may extend this period in specific cases;
(ii) the time when such holder—
(aa) was residing abroad while in the service of the State;
(bb) was residing abroad while a representative or employee of a person or association of persons resident or established in the Republic;
(cc) was residing abroad while in the service of an international organisation of which the State is a member;
9dd) in the case of the spouse or dependent child of a person referred to in subitem (aa), (bb) or (cc), such spouse or child was residing with such person; or
(ee) in the case of the spouse or dependent child of a person who is a South African citizen, such spouse or child was residing with such person, shall not be computed within such period;
(iii) the Minister, may grant an exemption from the requirement of residence in respect of certain residents or class of residents;
(iv) the period of absence may only be interrupted by an admission and sojourn in the Republic; and
(v) the requirement of residence in the Republic shall not affect any foreigner to whom exemption has been granted under section 31(2)(b) as a member of a category of persons, unless such foreigner previously entered the Republic or sojourned therein for the purpose of permanent residence under the authority of such exemption; or
(d) has not taken up residence in the Republic within one year of the issuance of such permit.