| (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. |
| (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. |
| (3) |
The requirement contemplated in section 27(b) of the Act shall be the submission of— |
| (a) |
proof that the applicant falls within the critical skills category in the form of— |
| (i) |
a certificate from the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act or the relevant Department confirming the skills or qualifications of the applicant; and |
| (ii) |
proof of registration with the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act, if such registration is required by law: Provided that in the case of submission of— |
| (aa) |
proof of application for a certificate of registration, the relevant work visa may be issued for a period not exceeding 12 months; or |
| (bb) |
proof of a certificate of registration, the visa may be issued for a period applicable to the relevant work visa; |
[Regulation 24(3)(a)(ii) substituted by section 8(a) the Second Amendment of the Immigration Regulations, 2014, of Notice No. R. 4588, GG50419, dated 28 March 2024]
| (b) |
proof of post-qualification experience of at least five years; |
| (c) |
testimonials from previous employers and a comprehensive curriculum vitae; and |
| (d) |
a letter of motivation indicating that the critical skills possessed by the applicant will be to the benefit of the South African environment in which the person intends to operate and which relates to the critical skill in question. |
| (4) |
An application for a permanent residence permit contemplated in section 27(c) of the Act shall be accompanied by a certificate or a factual finding report issued by a chartered accountant registered with the South African Institute of Chartered Accountants, a professional accountant registered with the South African Institute of Professional Accountants or a business accountant registered with the South African Institute for Business Accountants to the effect that— |
| (a) |
at least an amount in cash as determined from time to time by the Minister, after consultation with the Minister of Trade and Industry, by notice in the Gazette, is available; or |
| (b) |
at least an amount in cash and capital contribution as determined by the Minister, after consultation with the Minister of Trade and Industry, by notice in the Gazette, is available. |
| (5) |
An application for a permanent residence permit contemplated in section 27(c) of the Act by an applicant who intends to establish a business in the Republic shall, in addition to the requirements in subregulation (4), be accompanied by— |
| (a) |
a business plan outlining the feasibility of the business, both in the short and long term; |
| (b) |
an undertaking by the applicant that at least 60% of the total staff complement to be employed in the operations of the business shall be citizens or permanent residents employed permanently in various positions: Provided that proof of compliance with this undertaking shall be submitted within 12 months of issuance of the permanent residence permit; |
| (c) |
an undertaking to register with the South African Revenue Service; and |
| (d) |
proof of application of registration with the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act, if such registration is required by law: Provided that in the case of submission of— |
| (i) |
proof of application for a certificate of registration, the business visa may be issued for a period not exceeding 12 months; or |
| (ii) |
proof of a certificate of registration, the visa may be issued for a period applicable to a business visa; |
[Regulation 24(5)(d) substituted by section 8(b) the Second Amendment of the Immigration Regulations, 2014, of Notice No. R. 4847, GG50675, dated 20 May 2024]
| (6) |
An application for a permanent residence permit contemplated in section 27(c) of the Act by an applicant who has established a business in the Republic shall, in addition to the requirements in subregulation (4), be accompanied by— |
| (a) |
proof that at least 60% of the total staff complement are citizens or permanent residents who are permanently employed in various positions in the operations of the business; |
| (b) |
proof of registration with the South African Revenue Service; and |
| (c) |
proof of registration with the professional body, council or board recognised by SAQA in terms of section 13(1)(i) of the National Qualifications Framework Act, if such registration is required by law: Provided that in the case of submission of— |
| (i) |
proof of application for a certificate of registration, the business visa may be issued for a period not exceeding 12 months; or |
| (ii) |
proof of a certificate of registration, the visa may be issued for a period applicable to a business visa; |
[Regulation 24(6)(c) substituted by section 8(c) of the Second Amendment of the Immigration Regulations, 2014, Notice No. R. 4847, GG50675, dated 20 May 2024]
| (7) |
For the purposes of section 27(c)(i) of the Act, a business in one of the sectors determined from time to time by the Minister by notice in the Gazette is a business in the national interest. |
| (8) |
A foreigner who invests or has invested in an existing business shall, subject to this regulation, submit certified proof of investment in the business in respect of the preceding financial year. |
| (9) |
A foreigner who invests or has invested in an existing business as a partner shall submit— |
| (a) |
certified proof of investment in the business; and |
| (b) |
the partnership agreement. |
| (10) |
The requirements contemplated in section 27(d) of the Act shall be— |
| (a) |
the submission of the certification contemplated in section 27(c) of the Refugees Act, 1998 (Act No. 130 of 1998); |
| (b) |
where applicable, the submission of affidavits with regard to aliases used by the applicant and family members; and |
| (c) |
the submission of the information and documentation contemplated in regulation 23(2)(b), (f), (g), (h) and (i): Provided that in the case of documents issued by the country from which he or she fled not being available, a sworn affidavit. |
| (11) |
The payment contemplated in section 27(e)(i) of the Act shall be, per month, the amount determined from time to time by the Minister by notice in the Gazette and the net worth contemplated in section 27(e)(ii) of the Act shall be a combination of assets realising, per month, the amount determined by the Minister by notice in the Gazette. |
| (12) |
The net worth contemplated in section 27(f) of the Act shall be an amount determined from time to time by the Minister by notice in the Gazette and the amount to be paid to the Director-General shall be an amount determined by the Minister by notice in the Gazette, which amount has to be paid upon approval of the application. |
[Regulation 24 substituted by section 10 of the First Amendment of the Immigration Regulations, 2014, Notice No. R. 1328, GG42071, dated 29 November 2018]
Statistics Act, 1999
