Nationals from countries such as Australia, Japan, New Zealand, the United Kingdom, and the USA (among others) do not require visas if they intend to remain in the country for less than 90 days. This has the added benefit of making it easy for those considering immigrating to the country to visit beforehand. If you have an offer of employment and wish to visit the country to attend an interview or simply wish to assess the country, a work-seeker's permit can be applied for. This is NOT a work permit, but simply allows one to enter SA with the intention of meeting with or speaking to your prospective employers. These are valid for a three-month period and if the offer of work is taken up, an application for a work permit must be made.

Work permits, on the other hand, function as a kind of temporary residence visa as they allow foreign nationals to live and work in the country for up to a maximum of twelve months. Extensions to this period, it should be noted, can be applied for. Although there are numerous categories under which applications for work visas can be submitted, persons wishing to invest in the country and highly skilled workers who can contribute to the broadening of South Africa's economy are the two most likely to be given utmost consideration. The tariff for work permit applications is approximately $132.

When applying for a work permit, the following documentation will be required:

- Application forms BI-159: A & C.
- Decree of divorce/court order, where applicable, as well as proof of maintenance paid to family members (also in cases of separation).
- Marriage certificate, where applicable.
- Full birth certificate(s) of children, where applicable.
- An employment contract specifying the occupation and capacity in which the applicant will be employed, maximum duration of employment and remuneration.
- Qualifications (evaluated by the Human Sciences Research Council, in the case of any doubt), especially in respect of technicians and engineers.
- Testimonials/service certificates from previous employers indicating, inter alia, the applicant's competencies and/or skills.
- Curriculum Vitae.
- Proof of advertisements in the national media, as well as particulars of the steps taken to fill the post, indicating how many South African citizens/permanent residents applied and why they were found unsuitable.
- Police clearance certificates: All applicants 18 years and older in respect of all countries where a person(s) resided one (1) year or longer. (If not available when initial work permit application is being lodged, it will be required when applying for the extension of the permit).
- Medical certificate.
- English translation of certificates and other documents, if submitted in a foreign language.
- Proof of registration with a South African professional body, if applicable.

Permanent residence applications can be made at a South African Consular representative abroad or at the Department of Home Affairs within South Africa. Applications for permanent residence cost approximately $169, require 30 days to process and must be accompanied by, in addition to other documents specific to the category under which you apply:

- Applications form BI-947.
- 2 passport-size photographs.
- Valid passport or identity document, or a certified copy.
- A full set of fingerprints.
- Valid temporary residence permit, if already in SA.

Useful links:
http://www.home-affairs.gov.za/

July 1 2005 heralded in South Africa's revised immigration rules - Immigration Amendment Act number 19. The Long Term Visitors Permit which enabled seasonal visitors and 'swallow' migrants to escape the European winter and spend it on the sunny shores of South Africa has disappeared entirely. It was useful for this type of visitor because it gave them a multiple entry visa for three years. The changes otherwise are cosmetic rather than involving major surgery. Some administrative requirements have been removed, making it less onerous and less costly to process application for work and retirement permits. The most important of these is that it is no longer necessary to file a Chartered Accountant's certification in respect of these two categories of temporary and permanent residence.

These are the details of the most popular categories of temporary and permanent residence permits and how the Immigration Amendment Act and new Regulations have impacted on them is dealt with on a category by category basis hereunder:

Retirement Permit

The requirement for a pension or an irrevocable retirement annuity delivering an income of not less that R20,000 (GBP1,700) a month remains intact in the amendment Act and new Regulations.

An innovation is that in the 'financial net worth' category - the requirement for R12 million (GBP1 million) of investments delivering an income of not less that R20,000 (GBP1,700) a month has been replaced with a requirement for an applicant to prove that they have 'a combination of assets' realising R20,000 (GBP1,700) per month.

A retired person's permit cannot exceed four years but it is renewable.

Permanent residence can be obtained by using an option which requires the ability to demonstrate assets and/or investments of not less than R7.5 million (GBP640,000) a fee of R75,000 (GBP6,400).

A strict interpretation would mean that each applicant has to prove the availability of a R20,000 (GBP1,700) monthly income to qualify in this category but I believe this was not a direct intention of the legislature as it would mean a husband and wife having to show R40,000 (GBP3,400) a month, a requirement in excess of most retirees.

A solution proposed by the Department of Home Affairs is that the principal applicant should carry the R20,000 (GBP1,700) a month liability with the accompanying spouse applying for residence in the 'relative's permit' category where the spouse would only have to demonstrate 'joint means of support' of R5,000 (GBP427) a month.

This is not an entirely satisfactory method of dealing with the matter and it requires clarification, but at present this is how the Department of Home Affairs is currently entertaining applications.

Work Permits

South Africa has high unemployment and - over the last 20 years - has experienced a considerable brain drain. The immigration policy is supposedly designed to encourage highly skilled foreigners to obtain work permits and permanent residence permits.

However, the Minister of Home Affairs has not yet published the general quotas which will enable the Quota Category Permits to be utilised and accordingly only job applicants who apply in the exceptional skills category work permit or on intra company transfer work permits or who apply in the general work permit category will qualify.

In the latter category of general work permits companies seeking staff have first been required to advertise the job in the national press in order to try and hire a South African citizen or permanent resident.

Although companies can apply for a waiver of this rule, it is a time consuming and lengthy process. These rules have now changed.

The general quota category work permits will define specific skills and professional categories which are in demand and in respect of which South Africans cannot be found and will attach them to an annual numerical quota.

There will be no need to advertise the position. When the quotas are published, I believe they will go a long way to alleviate the red tape surrounding work permits in much needed categories and will be of great advantage to South Africa.

For a free assessment of viability of your intended application visit www.immigration.org.za

Business Permit

This category of temporary and permanent residence was previously known more appropriately as the 'own business/self employment' permit.

The innovation of the Amendment Act empowers the Department of Trade and Industry to recommend applications and deal with capitalisation reductions and waivers where the investment is less than R2.5 million (GBP220,000).

It remains a requirement in this category to prepare a proper business plan, preferably done by a professional, demonstrating the following:

- Sustainability and viability of the business in short to medium term.
- Proof of employment or an undertaking to employ at least five South African citizens or permanent residents.
- An investment, originating from abroad, in cash or in R2.5 million (GBP220,000). As explained above, this amount may be reduced or waived upon application to the Department of Trade and Industry.

Spouse Permit

In terms of South African immigration law a spouse is deemed to be someone who is either married to or cohabitates permanently with another person. The big change is that where one of the parties is a South African citizen or permanent resident the applicant must prove five years of spousal relationship before they qualify. This does not preclude a couple from applying for a temporary residence permit in the spousal category.

More info

Julian Pokroy is an attorney specialising in immigration and nationality law since 1980. Chairman of the Law Society of South Africa Immigration and Refugee Law Specialist Committee, he presents seminars on this topic and offers free initial assessments to would-be immigrants off his website at www.immigration-sa.co.za

Added by Kellyann 5/7/05 - New laws came into effect on 1st July - changes to requirements for Permanent Residence and Work Permits.

A lot also depends under which category you apply for PR or WP under - the Life Partner category, for example, requires a lot less documentation, and no fees are applicable. You also fail to mention the new Life Partner permit, with two catergories - working or company.

The papers were signed on 21st June, published on 27th June, and took effect from Friday 1st July, with no exceptions. But if you go to the department of home affairs, they have no idea what the new regulations are!

Individual offices are no longer allowed to process permanent residence applications forms due to the amount of corruption and bribery in recent months, and so all applications now go to one office in Pretoria. The 30 day response time is out of the window completely - they are still processing applications submitted in 2004, so you're probably looking at a wait of 12 months for permanent residence.

They don't have the new forms in their offices, so you can still get the old applications, fill them all in, and then when you submit them, they will be sent to Pretoria for processing and they will then reject them as invalid!

You can now also enter SA if you are in a long term relationship with an SA citizen on a Life Partner Permit - this can either be 'company only' which doesn't entitle you to work, or with a work permit if you have an offer of employment. It is valid for 12 months, you can extend if necessary and there is no fee - there are no fees at all for permits and visas if you have a long term partner who is a South African citizen.

If you are married to a South African, you have to be married for a period of five years before you qualify for permanent residence. The same applies for unmarried couples - you have to be life partners for five years before you can be a permanent resident.

That's about all that I know!