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When can you become a permanent resident in South Africa if you have a work permit?
The Q & A below will help you understand this more.
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| Q |
I am writing to find out about the conditions for a foreigner to obtain permanent residency in South Africa.
I have been living in South Africa since January 2003 and work in Johannesburg using a General work permit valid for 5 years (expiry date is May 2013).
I have been offered a permanent position in the company I am working for. I intend to settle here in South Africa. Am I am eligible for permanent residency and, if yes, what are the requirements.
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| A |
The position is relatively straight forward. In terms of the current legislation unless –
(A) you have been in a monogamous spousal relationship (whether married or not) with a person who is a SA citizen or who has permanent residence in SA, for five years or more, or
(B) you have immediate family [being a parent or a child] who are SA citizens or permanent residents …
you will only qualify for permanent residence by virtue of your employment, once you have been on a work permit for five years (continuously) or longer.
Mere residence in the Republic and/or lawful employment with a work permit for less than five years do not, unfortunately, provide a basis for qualifying for permanent residence. The other categories of permanent residence provided for in the Act would not appear to be available to you, based on your instructions.
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