A Permanent Residence in South Africa is the right to stay here for good, the PR holder has no more worries about visa renewals, meeting the ever changing requirements, can operate a business, study, or work anywhere.

But be careful, many PR certificates carry conditions. IBN always points them out in detail when handing over a PR certificate, but many of our clients tend to forget about them. And we simply cannot schedule reminders for all of them. With PR comes responsibilities.

The most important one is for PR based on business.

Home Affairs has become very strict on compliance. The applicant needs to confirm his / her investment 2 years and 5 years after receiving PR again by submitting a new Chartered Accountant certificate.

Typically that means, that the investment of at least R5 million from abroad into the book value of the business needs to remain invested for at least 5 years. Ideally, the very same business should still be trading.

Furthermore, Home Affairs keeps no proper records of these renewed CA certificates or permit compliance. The responsibility ends up with the applicants to keep proof of compliance.

This often comes to light, when suddenly a dependent wants to apply now for an ID book (i.e. a child turning 16) or a PR certificate needs to be replaced because it got lost.

We currently have a such problems, of a wife of a PR business holder, issued in 2006. Home Affairs has no records of compliance submitted, neither has the client, although all duly submitted. Home Affairs does not issue an ID book.

Basically, compliance has become an absolute necessity even after PR.

Please do not hesitate to contact us for advice regarding immigration & visa, setting up business, property transfer & investment.

By Dirk Meissner