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When is a South African Permanent Residency Permit Refused

This serves to protect the country’s citizens from people who have a history of not abiding by laws and regulations thereby posing a threat to themselves and our South African society.

When Is A South African Permanent Residency Permit Refused

The South African Department of Home Affairs is very clear about what they considered reasons to prohibit a person from gaining access to the country. These include;

  • You are infected with infectious diseases that can spread easily. These diseases include cholera; pestilence, yellow fever and any other diseases as determined by the Department of Health from time to time.
  • You have a warrant of arrest against you or a conviction for genocide, torture, drug trafficking, money laundering, kidnapping, terrorism, or murder secured in South Africa or any country with which South Africa has regular diplomatic relations.
  • You are a member or supporter of an organisation practising racial hatred or social violence
  • You are a member of an organisation using crime or terrorism to reach its goals
  • You have previously been deported and have not been rehabilitated by the Department in the prescribed manner.

But South Africa also leaves room for those who can prove that they are in fact rehabilitated and would not pose any threat to those living in the Republic and their contributions would be positive if:

  • A person submit a sworn affidavit or solemn declaration that they will comply with the country’s laws
  •  the Department has no reason to believe that the person is inclined to violate the law again
  •  the person has not been in been inside the Republic of South Africa for a period of 4 years or more
  • alternatively, a person may be deemed to be rehabilitated by a forfeiture to the State of R50 000 (which may be reduced to R2000 if you paid for the cost of your deportation as well as the related costs).

According to South African law a person may be deemed to be an undesirable person if

  •  they are likely to become a public charge
  •  they have been identified by the Minister (after consultation with the Immigration Advisory Board as undesirable or has been judicially declared incompetent
  •  the person is an un-rehabilitated insolvent
  • the applicant is a fugitive from justice
  • or has a previous criminal conviction without the option of a fine for conduct which would be an offence in South Africa (with the exclusion of certain prescribed offences).

“It is only after the Minister of Home Affairs has declared a prospective immigrant not to be a prohibited/undesirable person, that an application for permanent residency status can be submitted.

“Once you have received a positive response from the Minister of Home Affairs, you may submit an application for either a Direct Residency Permit or a Residency-on-Other-Grounds Permit,” states Department regulations.

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