Sampi & Liu Immigration Services

A clear distinction must be made between a temporary residence permit and a visa. Where a visa is only issued by South Africa Consulates, temporary residence permits or TRP’S may be issued by Ports of entry (Airports, Border Post) as well as Consulates.

Embassies and S.A. Missions abroad. A temporary residence permit is the actual permit that is issued by an immigration officer / Consular office that legalizes a visitor’s residence in South Africa. Temporary residence permits will therefore always reflect the purpose and period that prospective travelers may reside in South Africa. See below for the different types of temporary residence permits issued by this Consulate.

Foreigners who are spouses of South African citizens or permanent resident holders may apply for permanent residence in terms Section 26(b) of the Immigration Act 13 of 2002. The acquisition of permanent residence will entitle the holder to live and work in South Africa.

Permanent residence may either be applied for before proceeding to South Africa or whilst inside of South Africa. Those clients who wish to apply inside of South Africa must first apply for a relative's permit. Relative's permit does not entitle holders to work in South Africa nor does it entitle holders to indefinite leave to remain. It only enables the holders to accompany their South African spouses.

Explanation : The interpretation of research activities should not be confused with activities for which a work permit will be required. If an employment position/post is offered wherein the incumbent will be on the establishment (personnel structure) of the institution, then a work permit in terms of Section 19 of the Immigration Act will be required.

Nationals who are visa restricted must apply for a visa if they wish to enter South Africa for any period not exceeding three (3) years for the purpose of engaging in research activities.

Nationals listed under 1.2.1.1 (which include United Kingdom passport holders) who intend to undertake voluntary or charitable activities in South Africa may either;

Proceed to South Africa without a visa, at which point they will be admitted for an initial period of 3 months, within which they may apply for the renewal of their permits in South Africa.

Explanation : Study permits are regulated in terms of Section 13, Regulation 22 and item 11(2) of Schedule A. A study permit may be issued to a foreigner intending to study in South Africa for longer than three months.

For the purpose of the Act, study shall mean study at a primary, secondary or tertiary educational institution or any bona fide institution of learning, including but not limited to professional training, cultural, technical,research, vocational, sportive, language and entertainment institutions of learning.

Work is furthermore defined in terms of Section 1 (xliii) of Immigration Act 13 of 2002 as:

"work" means business, commercial or remunerative activities within the Republic, excluding work on the basis of a permit referred to in sections 12 or 14, or work for a foreign employer pursuant to a contract which only partially calls for activities in the Republic, or work as a business or profession mainly based outside the Republic but requiring activities within the Republic.

Explanation : Work permits are regulated in terms of Section 19, Regulation 28 and items 19(1), 19(2), 20, 21 and 22, of Schedule A. There are four categories of work permits as defined in the Act. They are;

Quota Work Permit, General Work Permit, Exceptional Skills Work Permit and Intra-company Transfer Work permit.

A quota work permit may be issued by the Department as prescribed to a foreigner if the foreigner falls within a category determined by the Minister at least annually by notice in the Gazette after consultation with the Ministers of Labour and Trade and Industry and as long as the number of work permits so issued for such category does not exceed the quota determined in the notice.

Quota work permits fall into two sub-categories; either "General Quota" or "Extraordinary Quota".

The Department may issue a General Work Permit to a foreigner who does not fall within the Quota Work Permit category, providing that the prospective employer meets certain requirements as prescribed

Explanation Subject to any prescribed requirements, an exceptional skills work permit may be issued by the Department to an individual of exceptional skills or qualifications and to those member of his or her immediate family determined by the Department under the circumstances or by regulation.

Intra-Company Transfer Work Permit

An intra-company transfer work permit may be issued by the Department to a foreigner who is employed abroad by a business operating in the Republic in a branch, subsidiary or affiliate relationship and who by reason of his or her employment is required to conduct work in the Republic for a period not exceeding two years.

Explanation : A business permit is regulated in terms of Section 15(1), Regulation 24 and items 13 and 14 of Schedule A.

A business permit may be issued by the Department to a foreigner intending to establish or invest in a business in the Republic in which he or she may be employed, and to members of such foreigners immediate family providing that certain requirements have been met.

Medical Treatment Permits are regulated in terms of Section 17(1), item 17(1) and item 17(2) of Schedule A.

A medical treatment permit may be issued to a foreigner intending to receive medical treatment in the Republic for longer than three months providing that certain requirements are met.

A relative's permit is regulated in terms of Section 18, Regulation 27 and item 18 of Schedule A.

A relative's permit may be issued by the Department to a foreigner who is a member of the immediate family of a citizen or a resident, providing that such citizen or resident provides the prescribed financial assurances.

A Retired Person Permit is regulated in terms of Section 20, Regulation 29 and item 26 of Schedule A.

For the purpose of defining retired person permit, please find a reprint of Section 20 of the Act.

"20. (1) A retired person may be issued for a period exceeding three months to a foreigner who intends to retire in the Republic, provided that the foreigner provide proof that such foreigner has -

(a) the right to a pension or an annuity or retirement account which will give such foreigner a prescribed minimum payment for the rest of his or her life from the country of his or her origin; or

(b) a minimum prescribed net worth.

(2) The Department may authorise the holder of a retired person permit to conduct work under terms and conditions as the Department may deem fit to determine under the circumstances.

(3) A retired person permit may -

(a) allow its holder to sojourn in the Republic on a seasonal or continuous basis; and

(b) not exceed a four-year period, at the expiry of which it may be renewed one or more times, subject to subsection(1)

South African citizenship as defined in terms of the South African Citizenship Act (Act 88 of 1995) and related regulation is very broad and encompasses many aspects. The purpose of the information presented is to provide information relating directly to specific areas of South African citizenship only.

A South African Citizen who intends accepting the citizenship of another country or who has the citizenship or nationality of another country may apply to renounce his/her South African citizenship.

A South African Citizen by birth or decent in respect of whom a declaration of renunciation is registered shall cease to be a South African citizen but will retain his or her right of permanent residence.

A South African citizen who intends to accept the citizenship or nationality of another country, or who also has the citizenship or nationality of another country, may renounce his or her South African citizenship by making a declaration to that effect .

The person shall cease to be a South African citizen from the moment the declaration is registered in the Department.

The minor children under 18 years of a person who has renounced his or her South African citizenship shall also cease to be South African citizens, unless the other parent remains a South African citizen.

Clients 18 years and older who intend applying for foreign citizenship, but who do not want to lose their South African Citizenship must first apply for retention of South African Citizenship. Failure to do this will result in the client losing his South African citizenship when he/she acquires foreign citizenship.

Persons under the age of 18 years do not need to apply for retention of their South African Citizenship, as they will not loose their citizenship whilst still minors.

Loss of South African Citizenship (Section 6)
A South African citizen who by a formal and voluntary act acquires the citizenship of another country, automatically loses his or her South African citizenship.

Retention of South African citizenship may, however, be applied for, but must be done and be approved before acquisition of the other citizenship to prevent automatic loss of the South African citizenship.

Persons who have lost their South African citizenship under similar circumstances under section 15(1)(a) of the now repealed South African Citizenship Act, 1949 (Act No. 44 of 1949), may apply for exemption from the loss in terms of section 26(4) of Act 88 of 1995.

In terms of current legislation, the Minister may deprive a South African Citizen (who is an adult) of his or her South African Citizenship if that person has made use of a foreign passport. An exemption application is therefore permission to be exempted from such a loss.

Put another way, an exemption essentially entails a client requesting permission from the South African Government to utilise his/her foreign passport without jeopardising his/her South African Citizenship.

Minors (under the age of 18 years) do not have to apply for an exemption.

Once approved, an exemption certificate is issued to clients. The certificate together with the clients' South African passport must be used to enter and leave South Africa.

The conditions of an exemption certificate are as follows:- The exemption certificate is normally valid for five years.

The holder may use his foreign passport only to enter and leave the country, which issued that passport.

4 The holder shall leave and enter South Africa on a South African passport.

The certificate of exemption may be withdrawn or the condition on which it was granted might be withdrawn; amended or supplemented at any time in accordance with the provision is Section 9(3) of The South African Citizenship Act

A person who has lost or has been deprived of his or her South African citizenship may apply for resumption.

To qualify, former South African citizens by birth and descent must have returned to South Africa permanently. Former South Africans by naturalisation or registration must have a valid permanent residence permit or exemption from such permit and must have taken up permanent residence in South Africa.

Birth (Section 2)
In terms of the Act, a child born in South Africa and of which one of the parents was a South African citizen or South African permanent residence holder at the time of the child's birth shall be a South African citizen by birth

in the case of births from 6 October 1995 when the Act came into operation. The position before that was governed by the South African Citizenship Act, 1949, which contained a wide range of different requirements over the years. A foreign child born in South Africa and who is adopted in terms of the Child Care Act, 1983 by a South African citizen and whose birth has been registered in South Africa is also a South African citizen by birth.

A foreign child born in South Africa and who has no claim to another citizenship (stateless) may also acquire South African citizenship by birth. Conclusive proof that the child has no other citizenship, or claim to any other citizenship is required in such cases.

Descent (Section 3)

A child born outside South Africa and of which at least one of the parents was a South African citizen at the time of the child's birth has a claim to South African citizenship by descent. The child's birth must, however, be registered in South Africa for the child to acquire South African citizenship.

Naturalisation (Section 5)
Foreigners wishing to acquire South African citizenship may apply for South African citizenship by naturalisation, provided the requirements of section 5 are met. The requirements for majors and minors respectively, are:

Valid permanent residence permit or exemption.

One year's ordinary residence in the Republic of South Africa immediately prior to the application.

In addition 4 years of physical (actual) residence in the RSA during the eight years before the application (excluding the year of ordinary residence). If married to a South African spouse, two years of permanent residence and two years of marriage to the South African spouse immediately prior to the application. Intends to continue to reside in the Republic or falls within the further categories specified in section 5(1)(e).

Be of good and sound character.

Able to communicate satisfactorily in any one of the official languages of South Africa.

Have adequate knowledge of the duties and responsibilities of a South African citizen

The responsible parent can apply on behalf of the minor at any time provided the minor is permanently and lawfully resident in the Republic.

Applications must be on a duly completed BI-63 and may be submitted to any domestic office of the Department. An application for an identity document or re-issue thereof, as the case may be, must accompany the application in respect of applicants 15 years and older.

If the application is approved, a declaration of allegiance must be signed by persons 18 years and older. The citizenship is effective from the date the declaration is signed.

A certificate of naturalisation will be issued to the successful applicant as confirmation of his or her status as a South African citizen.

In terms of section 5(9) the Minister of Home Affairs may in circumstances which he or she regards as exceptional waive the residential requirements. Applications in this regard must include a full exposition of the applicant's exceptional circumstances and why early naturalisation is absolutely critical.

Section 8 empowers the Minister to revoke the South African citizenship of a South African citizen by naturalisation if the certificate of naturalisation was obtained by means of fraud, false representation or the concealment of a material fact (Section 8(1)(a), or if the certificate was issued in conflict with the provisions of the Act, or any prior law (Section 8(1)(b) and in the case of a South African dual citizen, if the citizen has been sentenced to imprisonment for 12 months or more (Section 8(2)(a), or if the Minister is satisfied that revocation is in the public interest (Section 8(2)(b)).

The Minister may also revoke the South African citizenship of a South African with dual citizenship if that person has made use of his or her other citizenship or nationality for example by using the franchise or passport facilities of the other country (section 9(1)).