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Permanent Residence — business investment (section 27(c))

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Explore the five recorded questions, answers and sources for this pathway.

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What investment option or options qualify?

The qualifying investment options are: (1) at least an amount in cash, or (2) at least an amount in cash and a capital contribution, as determined from time to time by the Minister after consultation with the Minister of Trade and Industry by notice in the Gazette.

See recorded sources
  • Regulation 24(4)(a)
    at least an amount in cash as determined from time to time by the Minister, after consultation with the Minister of Trade and Industry, by notice in the Gazette, is available; or
  • Regulation 24(4)(b)
    at least an amount in cash and capital contribution as determined by the Minister, after consultation with the Minister of Trade and Industry, by notice in the Gazette, is available.

What official minimum amount, tier or threshold applies to each relevant option?

Government Notice 560 fixes the cash contribution for a section 27(c) business investment at R5,000,000, originating outside South Africa. A capital contribution must be new machinery or equipment.

See recorded sources
  • Government Notice 560 of 2014
    determine the amount in cash, originating from outside the Republic, to be invested in a business to be established or in an existing business in the Republic, to be R5 000 000,00
  • Government Notice 560 of 2014
    The capital contribution must be new machinery and or equipment

How long must the investment be maintained and what continuing ownership, investment or physical-presence conditions are important?

The permanent residence permit shall lapse if the holder fails to prove within two years of the issuance of the permanent residence permit and three years thereafter, to the satisfaction of the Director-General, that the prescribed financial contribution to be part of the intended book value is still invested as contemplated in this paragraph. For applicants intending to establish a business, there is an undertaking that at least 60% of the total staff complement to be employed in the operations of the business shall be citizens or permanent residents employed permanently in various positions, with proof of compliance submitted within 12 months of issuance of the permanent residence permit. For applicants who have established a business, proof that at least 60% of the total staff complement are citizens or permanent residents who are permanently employed in various positions in the operations of the business is required at application. No physical presence condition is stated.

See recorded sources
  • Section 27(c)(ii)
    the permanent residence permit shall lapse if the holder fails to prove within two years of the issuance of the permanent residence permit and three years thereafter, to the satisfaction of the Director-General, that the prescribed financial contribution to be part of the intended book value is still invested as contemplated in this paragraph
  • Regulation 24(5)(b)
    an undertaking by the applicant that at least 60% of the total staff complement to be employed in the operations of the business shall be citizens or permanent residents employed permanently in various positions: Provided that proof of compliance with this undertaking shall be submitted within 12 months of issuance of the permanent residence permit
  • Regulation 24(6)(a)
    proof that at least 60% of the total staff complement are citizens or permanent residents who are permanently employed in various positions in the operations of the business

Which family members can be included where officially stated, and what broad residence/work rights result?

The permanent residence permit under section 27(c) may be issued to members of the foreigner's immediate family. The official source does not define which family members are included or state their residence or work rights.

See recorded sources
Limits of the record
  • The specific family members who can be included and their residence/work rights are not explicitly stated in the cited evidence.
  • Section 27(c)
    and to the members of such foreigner's immediate family
  • Regulation 23(2)(g)
    the documentation contemplated in regulation 9(1)(d) relating to dependent children accompanying the applicant to or joining the applicant in the Republic
  • Regulation 23(2)(h)
    the documents relating to the applicant’s marital status or spousal relationship contemplated in regulation 3(2)

What status is obtained, how is it renewed, what longer-term residence/citizenship direction is officially stated, and what happens to the investment when relevant?

The status obtained is a permanent residence permit under section 27(c) of the Immigration Act. The permit lapses if the holder fails to prove within two years of issuance and three years thereafter that the prescribed financial contribution is still invested. The official source does not state renewal requirements for permanent residence, a path to citizenship, or what happens to the investment after the lapse condition is satisfied.

See recorded sources
Limits of the record
  • The renewal requirements, path to citizenship, and disposition of investment after permanent residence are not specified in the cited evidence.
  • Section 27(c)(ii)
    the permanent residence permit shall lapse if the holder fails to prove within two years of the issuance of the permanent residence permit and three years thereafter, to the satisfaction of the Director-General, that the prescribed financial contribution to be part of the intended book value is still invested as contemplated in this paragraph

These are the answers currently recorded in the catalogue. A missing or partial answer is not an eligibility decision.

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