South Africa's immigration laws distinguish between three types of entry/immigration in the main:
- permission to stay as a visitor (visitor's permit)
- resident (either temporary or permanent residence permit)
Applications for permanent residence in South Africa are assessed under section 26 (direct residence) and section 27 (permanent residence granted on other grounds) of the 2002 Immigration Act (Act no. 13 of 2002) in conjunction with Regulation 33 of the Immigration Regulations. Decisions on permanent residence focus on the applicant's capacity to make a significant contribution to the development of the South African economy.
Applications for permanent residence can only be made after the home affairs minister has declared that the applicant is neither a prohibited nor an undesirable person. Once the minister issues a positive declaration, the foreign national may apply for direct residence or for residence on other grounds.
Persons wishing to spend their retirement in South Africa may apply for a retired person permit if they receive at least ZAR 37,000 per month from a pension fund or an irrevocable annuity or retirement account, or if they have net assets or a combination of assets amounting to a minimum monthly income of ZAR 37,000.
