(2) The Director-General shall determine, in consultation with the prescribed departments, the maximum
number of foreigners to be employed in terms of a corporate visa by a corporate applicant, after
having considered-

(Words preceding section 21(2)(a) substituted by section 13(c) of Act 13 of 2011)

(a) the undertaking by the corporate applicant that it will-

(i) take prescribed measures to ensure that any foreigner employed in terms of the
corporate visa will at all times comply with the provisions of this Act and the corporate
visa; and

(ii) immediately notify the Director- General if it has reason to believe that such foreigner is
no longer in compliance with subparagraph (i);
(b) the financial guarantees posted in the prescribed amount and form by the corporate applicant to
defray deportation and other costs should the corporate visa be withdrawn, or certain foreigners
fail to leave the Republic when no longer subject to the corporate visa; and

(c) corroborated representations made by the corporate applicant in respect of the need to employ
foreigners, their job descriptions, the number of citizens or permanent residents employed and
their positions, and other prescribed matters.

(3) The Director-General may withdraw or amend a corporate visa for good and reasonable cause.

(4) The Minister may, after consultation with the Minister of Trade and Industry or Minerals and Energy or
Agriculture, as the case may be, and the Minister of Labour, designate certain industries, or segments
thereof, in respect of which the Government may-

(a) reduce or waive the requirements of subsection (2)(c);

(b) enter into agreements with one or more foreign states and set as a condition of a corporate visa
that its holder-

(i) employs foreigners partially, mainly or wholly from such foreign countries; and

(ii) remits a portion of the salaries of such foreigners to such foreign countries;

(c) apply this subsection in respect of foreigners required for seasonal or temporary peak period
employment; or

(d) waive or reduce the requirement of subsection (2)(b) under special terms and conditions.

(5) ……

(Section 21(5) deleted by section 13(d) of Act 13 of 2011)

(6) A foreigner employed in terms of a corporate visa shall work for the holder of that corporate visa.

(Section 21(6) added by section 13(e) of Act 13 of 2011)

(Section 21 substituted by section 22 of Act 19 of 2004)

22. Exchange visa

An exchange visa may be issued by the Director-General to a foreigner –
(a) participating in a programme of cultural, economic or social exchange, organised or
administered by an organ of state or a learning institution, in conjunction with a learning
institution or an organ of a foreign state, provided that-

(i) such organ of state or learning institution reports to the Director-General on the stages
and the completion of the relevant programme together with other prescribed information;
and

(ii) it may be prescribed that, in respect of certain programmes, upon expiration of such visa
such foreigner may not qualify for a status until he or she has complied with the
requirement of a prescribed period of physical presence in his or her foreign country or of
domicile outside the Republic; or

(Section 22(a) substituted by section 23(a) of Act 19 of 2004)

(b) who is under 25 years of age and has received an offer to conduct work for no longer than one
year: Provided that–

(Words preceding section 22(b)(i) substituted by section 14(a) of Act 13 of 2011)

(i) the prospective employer certifies that the position exists, and has committed himself or
herself to –

(aa) pay such foreigner remuneration which complies with applicable legal
requirements;

(bb) provide for the welfare and the needs of such foreigner while in the Republic under
the aforesaid visa; and

(cc) report to the Director-General the failure of the foreigner to comply with the terms
of his or her visa or to depart when so required;

(ii) such foreigner may not conduct work other than work for which the visa is issued;

(Section 22(b)(ii) amended by section 14(b) of Act 13 of 2011, the Gazette refers to paragraph
(iii), but we are of the view that the intention was to delete the word “and” at the end of
Paragraph (ii))

(iii) such foreigner may not qualify for a permanent residence visa within two years after the
expiry of the exchange visa, which requirement may be waived by the Director-General in
extraordinary circumstances.

(Section 22(b)(iii) substituted by section 23(b) of Act 19 of 2004)
(iv) no visa may be granted under this section if the offer to conduct work pertains to an
undesirable work as published by the Minister from time to time in the Gazette, after
consultation with the Minister responsible for trade and industry.

(Section 22(b)(iv) added by section 14(c) of Act 13 of 2011)

(Section 22 amended by section 47 of Act 19 of 2004)

23. Asylum transit visa

(1) The Director-General may, subject to the prescribed procedure under which an asylum transit visa
may be granted, issue an asylum transit visa to a person who at a port of entry claims to be an asylum
seeker, valid for a period of five days only, to travel to the nearest Refugee Reception Office in order
to apply for asylum.

(2) Despite anything contained in any other law, when the visa contemplated in subsection (1) expires
before the holder reports in person at a Refugee Reception Office in order to apply for asylum in terms
of section 21 of the Refugees Act, 1998 (Act No. 130 of 1998), the holder of that visa shall become an
illegal foreigner and be dealt with in accordance with this Act.

(Section 23 substituted by section 24 of Act 19 of 2004)

(Section 23 substituted by section 15 of Act 13 of 2011)

24. ….

(Section 24 substituted by section 25 of Act 19 of 2004)

(Section 24 repealed by section 16 of Act 13 of 2011)

PERMANENT RESIDENCE

25. Permanent residence

(1) The holder of a permanent residence permit has all the rights, privileges, duties and obligations of a
citizen, save for those rights, privileges, duties and obligations which a law or the Constitution explicitly
ascribes to citizenship.

(2) Subject to this Act, upon application, one of the permanent residence permits set out in sections 26
and 27 may be issued to a foreigner.

(3) A permanent residence permit shall be issued on condition that the holder is not a prohibited or an
undesirable person, and subject to section 28.

(Section 25(3) substituted by section 26 of Act 19 of 2004)
(4) For good cause, as prescribed, the Director-General may attach reasonable individual terms and
conditions to a permanent residence permit.

(Section 25(4) amended by section 47 of Act 19 of 2004)

26. Direct residence

Subject to section 25 and any prescribed requirements, the Director-General may issue a permanent
residence permit to a foreigner who-

(Words preceding section 26(a) substituted by section 17(a) of Act 13 of 2011)

(a) has been the holder of a work visa in terms of this Act for five years and has proven to the
satisfaction of the Director-General that he or she has received an offer for permanent
employment;

(Section 26(a) substituted by section 17(b) of Act 13 of 2011)

(b) has been the spouse of a citizen or permanent resident for five years and the Director-General is
satisfied that a good faith spousal relationship exists: Provided that such permanent residence
permit shall lapse if at any time within two years from the issuing of that permanent residence
permit the good faith spousal relationship no longer subsists, save for the case of death;

(Section 26(b) substituted by section 17(b) of Act 13 of 2011)

(c) is a child under the age of 21 of a citizen or permanent resident, provided that such permit shall
lapse if such foreigner does not submit an application for its confirmation within two years of his
or her having turned 18 years of age; or

(d) is a child of a citizen.

(Section 26 substituted by section 27 of Act 19 of 2004)

27. Residence on other grounds

The Director-General may, subject to any prescribed requirements, issue a permanent residence
permit to a foreigner of good and sound character who-

(Words preceding section 27(a) substituted by section 18(a) of Act 13 of 2011)

(a) has received an offer for permanent employment, provided that-

(i) such foreigner has proven to the satisfaction of the Director-General that the position
exists and that the position and related job description was advertised in the prescribed
form and no suitably qualified citizen or permanent resident was available to fill it;

(ii) the application falls within the specific professional category or within the specific
occupational class contemplated in section 19(1); and
(Section 27(a)(ii) substituted by section 8(a) of Act 3 of 2007)

(iii) the permit may be extended to such foreigner’s spouse and children younger than 18
years of age;

(b) taking into account any prescribed requirement, has demonstrated to the satisfaction of the
Director-General that he or she possesses extraordinary skills or qualifications, and to those
members of such foreigner’s immediate family determined by the Director-General under the
circumstances or as may be prescribed;