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Permanent Residence — critical skills or qualifications (section 27(b))

South AfricaTalent and merit

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

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Which exceptional-talent, academic, scientific, artistic, technological, cultural or other profiles does the pathway target?

The pathway targets applicants who fall within the critical skills category, as evidenced by a certificate from a recognised professional body, council, board, or relevant Department confirming their skills or qualifications.

See recorded sources
  • Regulation 24(3)(a)(i)
    proof that the applicant falls within the critical skills category in the form of- (i) a certificate from the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act or the relevant Department confirming the skills or qualifications of the applicant

What achievements, recognition, awards, publications, reputation or other evidence establishes the required level?

The required level is established by a certificate from a recognised professional body, council, board, or relevant Department confirming skills or qualifications; if required by law, a certificate of registration with such professional body, council, or board; proof of at least five years of post-qualification experience; testimonials from previous employers and a comprehensive curriculum vitae; and a letter of motivation indicating that the critical skills will benefit the South African environment.

See recorded sources
  • Regulation 24(3)(a)
    proof that the applicant falls within the critical skills category in the form of- (i) a certificate from the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act or the relevant Department confirming the skills or qualifications of the applicant; and (ii) if required by law, a certificate of registration with the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act
  • Regulation 24(3)(b)
    proof of post-qualification experience of at least five years
  • Regulation 24(3)(c)
    testimonials from previous employers and a comprehensive curriculum vitae
  • Regulation 24(3)(d)
    a letter of motivation indicating that the critical skills possessed by the applicant will be to the benefit of the South African environment in which the person intends to operate, and which relates to the critical skill in question

Is an employer, nominator, recognised body, peer group or government endorsement required?

Yes, an endorsement is required in the form of a certificate from a professional body, council, board recognised by SAQA, or the relevant Department confirming the applicant's skills or qualifications. If required by law, a certificate of registration with such professional body, council, or board is also required.

See recorded sources
  • Regulation 24(3)(a)
    proof that the applicant falls within the critical skills category in the form of- (i) a certificate from the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act or the relevant Department confirming the skills or qualifications of the applicant; and (ii) if required by law, a certificate of registration with the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act

Can the holder change employer, work independently, establish a business or conduct other professional activity? What is the family position?

A permanent residence permit holder has all the rights, privileges, duties and obligations of a citizen, save those a law or the Constitution explicitly ascribes to citizenship. Section 27(b) extends the permit to those members of the foreigner's immediate family determined by the Director-General under the circumstances or as may be prescribed; 'immediate family' means persons within the second step of kinship, with marriage or a spousal relationship counted as one step.

See recorded sources
Limits of the record
  • The captured sources do not state expressly whether the holder may change employer, work independently or establish a business; this is only implied by the general citizen-equivalent rights in section 25(1).

What duration, renewal and accelerated or normal longer-term residence pathway is officially stated?

The route leads to a permanent residence permit, issued on condition that the holder is not a prohibited or undesirable person and subject to section 28 of the Act. Under section 28 the Director-General may withdraw the permit if, among other grounds, the holder has been absent from the Republic for more than three years; on good cause and prior application the Director-General may extend this period in specific cases. The official source states no fixed duration or renewal procedure for the permit itself.

See recorded sources
Limits of the record
  • The captured sources state no fixed duration and no renewal procedure for the permanent residence permit itself.
  • Section 28 lists other withdrawal grounds (convictions, failure to comply with permit conditions); only the absence rule is summarised here.

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

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