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Permanent Residence — five years on a Work Visa plus permanent job offer (section 26(a))

South AfricaLong-term residence

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

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What exact status does accumulated residence lead to?

The exact status is a permanent residence permit under section 26(a) of the Immigration Act, 2002.

See recorded sources
  • Regulation 23(5)
    An applicant who applies for a permanent residence permit in terms of section 26(a) of the Act shall submit proof of a work visa contemplated in section 19 of the Act, for a continuous period of five years.

What qualifying residence period is required and when does the period begin?

The applicant must have held a work visa under the Act for five years; the Form 18 checklist asks for proof of five years' continuous work permit status. The official source does not state from what date the five-year period is counted.

See recorded sources
Limits of the record
  • The captured sources do not state from what date the five-year period is counted.

Which types of residence count fully, partially or not at all where the official rules specify this?

Only a work visa contemplated in section 19 of the Act counts. The regulations do not specify partial counting or other visa types for this route.

See recorded sources
Limits of the record
  • The official source does not state every requested implementation detail; the omission is preserved rather than treated as a waiver.
  • Regulation 23(5)
    An applicant who applies for a permanent residence permit in terms of section 26(a) of the Act shall submit proof of a work visa contemplated in section 19 of the Act, for a continuous period of five years.

What absence/continuity rules affect accumulation of the qualifying residence period?

The work visa must be held for a continuous period of five years. The regulations do not specify absence rules for this route.

See recorded sources
Limits of the record
  • The official source does not state every requested implementation detail; the omission is preserved rather than treated as a waiver.
  • Regulation 23(5)
    An applicant who applies for a permanent residence permit in terms of section 26(a) of the Act shall submit proof of a work visa contemplated in section 19 of the Act, for a continuous period of five years.

What other major conditions apply, how is the status obtained, and what renewal, document-validity, retention or loss rules matter?

The application is made on Form 18 and submitted by the applicant in person, with the application fee, a copy of the applicant's birth certificate, biometrics for applicants over 16, a yellow fever certificate where applicable, a police clearance certificate, medical and radiological reports (no radiological report for children under 12 or pregnant women), documents for dependent children, marital status or spousal relationship documents, a birth certificate for each dependent child, a deed poll where a name, surname or sex was changed, and, for applications made in the Republic, a valid temporary visa for each applicant. The listed personal documents must be originals or apostilled copies, translated by a sworn translator where applicable. The Form 18 checklist for section 26(a) also requires an offer of permanent employment. The permit is issued on condition that the holder is not a prohibited or undesirable person and subject to section 28, under which the Director-General may withdraw it on grounds including absence from the Republic for more than three years or not taking up residence within one year of issue.

See recorded sources
Limits of the record
  • The three-year absence rule has exceptions and an extension procedure in section 28(c) that are not reproduced here.
  • The captured sources do not address the validity of any permanent residence document or card.

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

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