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

Regulations

Immigration Regulations, 2014

23. Permanent residence

 

(1) An application for a permanent residence permit contemplated in section 25(2) of the Act shall be made on Form 18 illustrated in Annexure A and shall be submitted by the applicant in person.

 

(2) The application contemplated in subregulation (1) shall be accompanied by—
(a) the applicable application fee;
(b) a copy of a birth certificate in respect of the applicant;
(c) biometrics in respect of any applicant over the age of 16 years;
(d) a yellow fever vaccination certificate if that person travelled or intends travelling from or transits through a yellow fever endemic area: Provided that the certificate shall not be required where that person travelled or intends travelling in direct transit through such area or where an application is made in the Republic;
(e) a police clearance certificate;
(f) medical and radiological reports: Provided that a radiological report shall not be required in respect of children under the age of 12 years or pregnant women;
(g) the documentation contemplated in regulation 9(1)(d) relating to dependent children accompanying the applicant to or joining the applicant in the Republic;
(h) the documents relating to the applicant’s marital status or spousal relationship contemplated in regulation 3(2);
(i) an birth certificate in respect of each dependent child;
(j) a deed poll in the case of an applicant who has changed his or her name, surname or sex; and
(k) where the application is made in the Republic, a valid visa for temporary sojourn at the time of application, in respect of each applicant.

 

(3) The documents contemplated in subregulation (2)(b), (e), (g), (h), (i) and (j) shall be original or copies apostilled by the issuing authority of the country of origin and, where applicable, translated into one of the official languages of the Republic, which translation shall be certified as a correct translation by a sworn translator.

 

(4) An application made in a foreign country shall be submitted to—
(a) the mission of the Republic in the foreign country of the applicant’s usual residence, which includes country of origin, permanent residence or long term temporary residence;
(b) the mission of the Republic in a foreign country of which the applicant holds a valid passport; or
(c) any mission of the Republic that may from time to time be designated by the Director-General to receive applications in respect of an adjoining or nearby foreign country in which a mission of the Republic is not present.

 

(5) An applicant who applies for a permanent residence permit in terms of section 26(a) of the Act shall submit proof of a work visa contemplated in section 19 of the Act, for a continuous period of five years.

 

(6) A foreigner contemplated in section 26(b) of the Act who has been issued with a permanent residence permit shall, within the last six months of the second year following the issuing of that permit, avail himself or herself for an interview at any office of the Department.

 

[Regulation 23 substituted by regulation 9 of Notice No. R. 1328, GG 42071, dated 29 November 2018]