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Permanent Residence — permanent employment offer (section 27(a))

South AfricaWork

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

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What type of worker, employment situation, occupation or professional activity is this pathway actually designed for?

This pathway is for a foreigner who has received a permanent offer of employment in South Africa. The offer must be for a specific position, and the applicant must remain employed in that field for five years after obtaining permanent residence.

See recorded sources
  • Regulation 24(2)
    The permanent residence permit contemplated in section 27(a)(i) of the Act shall be issued on condition that the holder of that permit shall remain employed for a period of five years in the field in respect of which the original offer of employment was made.

Does the applicant need a job offer, employer, sponsor, transfer relationship or other employer involvement? What is important about that employer relationship?

Yes, the applicant needs a permanent job offer from an employer in South Africa. The employer must advertise the position in national printed media, and the advertisement must meet specific requirements (size, content, recency). The employer relationship is central: the applicant must remain employed in the field of the original offer for five years.

See recorded sources
  • Regulation 24(1)
    The advertisement contemplated in section 27(a)(i) of the Act shall be an original clipping from the national printed media and shall- (a) reflect the full particulars of the relevant newspaper or magazine, as well as the dates on which the advertisement was published; (b) stipulate the minimum qualifications and experience required to fill the position; (c) clearly define the position offered and the responsibilities to be performed; (d) measure at least 60 millimetres by 60 millimetres in size; (e) state the closing date for the application; and (f) not be older than four months at the time of application, which period shall be calculated from the closing date for applications.
  • Regulation 24(2)
    The permanent residence permit contemplated in section 27(a)(i) of the Act shall be issued on condition that the holder of that permit shall remain employed for a period of five years in the field in respect of which the original offer of employment was made.

What are the few decisive professional characteristics of the pathway: occupation, qualifications, experience, salary, skill level, shortage status, labour-market condition or equivalent?

Decisive: an offer of permanent employment, with proof to the Director-General that the position exists, that the position and job description were advertised in the prescribed form, and that no suitably qualified citizen or permanent resident was available to fill it; the application must also fall within the specific professional category or occupational class contemplated in section 19(1).

See recorded sources
Limits of the record
  • Section 19(1) of the Act, to which section 27(a)(ii) refers, is shown as deleted in the captured Act, so the professional categories cannot be identified from the captured sources.
  • No occupation list, salary threshold or skill level is stated for this route.

What work does the permission allow? Is the holder tied to an employer, occupation or sector? Can family accompany where clearly established?

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. The permit may be extended to the foreigner's spouse and children younger than 18 years of age. The holder must remain employed in the field of the original offer for five years after obtaining permanent residence; the official source does not state whether the holder is tied to the specific employer.

See recorded sources
Limits of the record
  • The permit carries a condition (regulation 24(2), cited in this route's R1) of remaining employed for five years in the field of the original offer; the captured sources do not state whether the holder is tied to the specific employer.

How long is the permission normally granted for, how is it renewed, and what longer-term residence direction exists if 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.

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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