The Immigration Act of South Africa provides for Permanent Residence in South Africa on two grounds.
One - where Application is made directly for Permanent Residence ("Direct Residence in terms of Section 26 of the Immigration Act) after Temporary Residence in South Africa for 5 years and the other ("Residence on other grounds" in terms of Section 27 of the Act) in the absence of any prior residence.
Section 25 of the Immigration Act determines as follows:
25(1) The holder of a Permanent Residence permit has all the rights, privileges, duties and obligations of a Citizen, save for those rights, privileges, duties and obligations which a Law or the Constitution explicitly ascribes to Citizenship.
Direct Residence Applications (Permanent Residence Applications) can be submitted in the following circumstances:
An Applicant who has received an Offer of Permanent Employment after having held a Work Permit for Five Years in South Africa
A Person who has been in a Marriage or a "good faith spousal relationship" for a period of 5 (five) years with a Citizen or Permanent Resident, provided that the Department is satisfied that the good faith spousal relationship still exists and such permit is issued on condition that it shall lapse if at any time within 3 (three) years from its Application, the good faith spousal relationship no longer subsists, save for the case of death.
Foreign Children of a South African Citizen or Permanent Resident subject to the provision that such a Permanent Residence Certificate shall lapse if such foreign child does not, within 2 (two) years of attaining the age of 21 (twenty one) years, submit an Application to confirm such Permanent Residence
A Child of a Citizen.
Residence on other grounds relates to the following kinds of Permanent Residence Applications:
An Applicant who has received an Offer of Employment that falls into the Category within the yearly limits of available permits prescribed from time to time for each Sector or Industry, Trade and Commerce, after Consultation with the Departments of Trade and Industry, Labour and Education. Unfortunately the Quota List has not been extended by the Minister and therefore this category of Permanent Residence Applications are not available to foreign Applicants yet;
An Applicant who can demonstrate tot he satisfaction of the Department extraordinary Skills or Qualifications, and to those members of such foreigner's immediate family determined by the Department under the circumstances or by Regulation;
An Applicant who intends establishing a Business in South Africa investing in the prescribed Financial Contribution to be part of the intended Book Value as certified by a Chartered Accountant, and to members of such Foreigner's immediate Family, provided the following: (1) the Department may waive or reduce such Capitalisation requirements for businesses prescribed from time to time to be int he national interest or when so requested by the Department of Trade and Industry; and (2) the Permit shall lapse if the holder fails to renew such certification within two years of the issuance of the Permit and three years thereafter;
Refugees on formal recognition of Refugee status for a period of five years and who have been certified by the Standing Committee on Refugee Affairs (SCRA) as being unable to return indefinitely to such country form which the Refugee fled;
An Applicant who wants to retire in South Africa and has provided a Certification by a Chartered Accountant that he or she has a prescribed minimum net worth and has paid a prescribed amount to the Department of Home Affairs;
An Applicant who is a Relative of a Citizen or Resident within the first step of kinship.
In certain circumstances, as prescribed by the Immigration Act in Section 28 thereof, a Permanent Residence Permit for South Africa can be withdrawn.