Can you apply for permanent residency while studying in South Africa?

This is a popular question asked by many students using a student visa in South Africa who are completing their studies at an education institution and looking to obtain permanent residency to continue living in SA.

The new regulations have now made provision for certain students in South Africa studying towards a PhD to obtain a Critical Skills Visa.

Which students are eligible to apply for Permanent Residency?

• Any student currently studying towards a PhD may apply for a Critical Skills Visa once they have completed their studies.

• This option is also available to any foreigner who has obtained their PhD at a South African Education Institution.

When can I apply for Permanent Residency?

All PhD students first need to apply for the Critical Skills Visa and then complete 5 years before applying for PR.

How do I qualify for a Critical Skills Visa?

• In possession of a South African PHD qualification

• Register with a professional council body specific to your occupation

Can I apply for a Critical Skills Visa without a job offer?

The Critical Skills Visa requires no job offer at the time of applying and allows the applicant 12 months to secure employment in South Africa.

What is the Validity of the Critical Skills Visa?

The validity of the Critical Skills Visa is 5 years and is extendable.
Contact New World Immigration to assist you in securing your Critical Skills Visa by using one of the following methods;

Foreigners who meet the eligibility criteria may apply for a permanent residence permit and remain indefinitely in South Africa. Usually, applicants must have held a temporary residence first for several years and then qualify for a permanent permit. However, there are some options for obtaining permanent residence immediately— provided they meet the requirements.

What Is a South Africa Permanent Residence Permit?

A permanent residence permit allows you to live and work in South Africa permanently without having to renew your visa each time it expires. This permit is issued to those who have lived in the country for several years and contributed to the economic development of South Africa.

Types of Permanent Residence Permits in South Africa

Depending on why you moved to South Africa, you can obtain one of the following permanent residence permits:

Direct residence permit. A direct permanent residence permit is the most common way of obtaining permanent residency in South Africa. You qualify for this permit if you hold a work visa and have lived in the country for a minimum of five years.
A residence permit on another basis. This type of residence is given to individuals who qualify for permanent residence in South Africa on specific grounds, such as having had a financially independent visa or having refugee status.

What Is a Direct Residence Permit?

If you have been residing in South Africa for a minimum period of five years on the basis of your work permit, you are eligible to apply for a direct residence permit. Your spouse and dependants of South African citizens/permit holders are, therefore, eligible to apply for a direct residence permit as well.

In the case of spouses, they must provide proof that they have been in a relationship with you for at least five years, either through cohabitation or a legal marriage certificate.

Permanent Residence on Other Bases

You can apply for permanent residence in South Africa on other bases if you meet the following eligibility criteria:

You hold refugee status in South Africa.
You possess a financial independent visa or a retirement visa.
You are a skilled worker under a skilled critical visa.
You have a permanent job offer in South Africa.
You want to establish or invest in a business in South Africa.

Requirements for a Permanent Residence Permit

If you are applying for a permanent residence permit in South Africa, you must submit the following documents:

BI-947 Application form. Completed and signed, it should be completed in black ink only. You should not use white-out or make any alterations.
Valid passport. Please submit your passport, which must be valid for a period of at least three months after you leave the country.
Full set of fingerprints. You must also provide your biometric data to obtain a permanent residence permit.
Marriage certificate/proof of spousal relationship, if applicable. If you have a partner or a spouse, you must make sure you have proof of a relationship and, if married, provide your marriage certificate. You must also provide your divorce decree/proof of legal separation if you are divorced.
Valid temporary residence permit. This applies only if you are already in South Africa.
Application fee. Original bank payment/electronic fund transfer receipt for each applicant.
A passport photograph for all applicants aged one year or older. The photograph must be recent and bear the names of the applicants on the reverse side.
Police clearance certificate. Make sure to provide a police certificate from all countries that you have lived in since the age of 18 years old.
For permanent residency on another basis, include the following additional documents:
- Proof of refugee status.
- Proof of investment in South Africa.
- Proof of establishing or investing in a business in South Africa.
- Proof of holding a permanent job in South Africa.
- Proof of enough financial means.
For minors, include the following:
- Proof of custody of a minor, if applicable.
- Death certificate of a late spouse, if applicable.
- Consent of parents (in the case of minors).
- Proof of judicial adoption of a minor, if applicable.
- Written consent in case the applicant is a minor.

Depending on the category under which you qualify for your permanent residence permit, you must provide additional documentation— you will find the specific documents listed in the application form.

How to Apply for a Permanent Residence Permit in South Africa?

The application process for a permanent residence permit in South Africa is as follows:

Verify your eligibility.
Make an appointment.
Prepare your documents.
Submit your application.

Verify Your Eligibility

You must make sure you meet the eligibility requirements for a permanent residence permit in South Africa. Even if you’ve lived in the country for several years, you may not qualify for permanent residency. This is because some temporary residence permits are not pathways to permanent residence. So, first, you make sure you can qualify for either a direct residence permit or a permit on another basis, i.e., possess a work permit or meet other requirements.

Make an Appointment

To apply for a permanent residence permit in South Africa, you must make an appointment with one of the approved offices in the country, which you can find listed here. Please note that an appointment is mandatory, as you’ll be required to bring your appointment confirmation letter with you on the day of your application submission.

Prepare Your Documents

You must submit several required documents for your permanent residence permit as specified in the application form. Please note that documents retrieved from your home country must be accordingly translated and authenticated by a certified notary.

Submit Your Application

Then you must submit your application at the corresponding office and wait while your application is processed. You must renew your temporary residence permit while waiting for a decision on your permanent residence application.

How Much Does a Permanent Residence Application Cost?

A permanent residence application in South Africa costs R1520 (approx.USD 88). You have to pay the fee on the day you submit your application, but keep in mind that fees are non-refundable regardless of the outcome of your application.

Who Does Not Qualify for a Permanent Residence Permit in South Africa?

You do not qualify for a permanent residence permit in South Africa if one of the following applies to you:

You’re a prohibited person.
You’re an undesirable person.
You do not intend to migrate to South Africa fully, i.e., make the country your main place of residence.

Prohibited Persons in South Africa

You’re considered a prohibited person and therefore illegible for permanent residence in South Africa if:

You carry an infectious disease that is easily spreadable.
You have a criminal record, i.e., you were convicted of serious crimes such as human trafficking, genocide, torture, drug trade, etc.
You are a member of an organization that spreads racial hatred or social violence towards a marginalized group in society.
You are a member of a terrorist organization.
You were previously deported by South Africa.

If you fall into any of the above categories, you must first send a letter to the Minister of Home Affairs arguing why you should be considered a prohibited person. Only then can you proceed with your permanent residence application.

Undesirable Persons in South Africa

You’re an undesirable person for permanent residency in South Africa if:

You are identified as such by the Minister.
You will most likely become a public charge (dependent on the government).
You are a fugitive.
You have a previous criminal record.
You are an unrehabilitated applicant*.

To be eligible for permanent residence in this case, you must submit a statement to the Minister explaining why you should not be considered an undesirable person.

*Rehabilitation here refers to a procedure undesirable, and prohibited persons can go through to become eligible for permanent residence. For example, they can submit a sworn statement that they will comply with the immigration laws in South Africa or pay a required fee which depends on the situation.

South African Permanent Residency Benefits

As a permanent residence permit holder, you will benefit from most of the rights and responsibilities of a South African citizen. Permanent residency allows you to live and work in South Africa without restrictions. You can run a business, own property, study and engage in all other activities that South African citizens are permitted to.

However, you can not obtain a South African passport or vote in government elections.

Can I Lose Permanent Residence in South Africa?

Yes, you can. The permanent residence status is issued for the purpose of permanent settlement in South Africa. If you decide to leave South Africa for three years or longer after you have obtained this status, the Department of Home Affairs may withdraw your status. However, if you must leave urgently and have a strong reason to, you can inform the Department of Home Affairs and provide the reason for your absence