Warning to anyone from another country working in South Africa

 ·7 Jun 2026

South Africa’s recently approved Immigration White Paper marks one of the most significant changes to immigration policy in decades.

For many highly skilled foreign nationals currently employed in the country, it may be wise to consider applying for permanent residency sooner rather than later.

South Africa’s Immigration White Paper is a government plan designed to completely overhaul and modernise the country’s immigration laws. 

This plan reportedly aims to balance stricter border security and asylum rules while simplifying the visa process for skilled workers and digital nomads to boost the economy. 

Since this is a policy plan rather than a law, the government is currently working to turn these proposals into bills for Parliament to debate and vote on.

Expat expert Xpatweb said the White Paper contains several positive, much-needed reforms, including greater digitisation, expanding the Trusted Employer Scheme, and modernising immigration systems.

However, they also said that it points to a potentially more restrictive future approach to permanent residence (“PR”).

Xpatweb Managing Director Marisa Jacobs said that the proposed changes should prompt strategic planning for employers and foreign professionals alike.

“The White Paper clearly indicates a policy shift toward tighter control over permanent residence approvals, particularly for highly skilled foreign nationals who currently have more direct pathways available under existing legislation,” said Jacobs.

The proposals currently under discussion include:

  • Submitting Permanent Residency (PR) applications through a window-based system.
  • Extending the qualifying period before individuals become eligible for PR.
  • Bigger focus on economic contributions through a Points-Based approach.
  • Allowing greater state discretion in determining approval volumes (quotas).

While the White Paper is not yet law, it has been approved by Parliament and strongly indicates the direction that future legislation may take.

Jacobs said that many employers overlook the strategic importance of permanent residence when managing international talent.

“For multinational employers, permanent residence reduces long-term immigration risk, removes ongoing visa renewal uncertainty and strengthens retention of scarce and highly skilled talent,” said Jacobs.

Permanent residency in South Africa

“South Africa welcomes immigrants who are in a position to make a meaningful contribution to broadening the economic base of South Africa,” the government wrote on its website.

“Before you can apply for a permanent residency permit, you must first motivate why you should not  be declared a prohibited person or an undesirable person.”

To qualify for a direct permanent residence permit in South Africa, the applicant and their spouse must have lived in the country on a work permit for a minimum of five years. 

Additionally, dependents of South African citizens or holders of permanent residence permits are also eligible to apply.

Residency on other grounds applies to foreigners who:

  • Possess a permanent job offer in South Africa
  • Have exceptional skills and qualifications
  • Intend to establish a business in South Africa
  • Qualify as refugees under Section 27(c) of the Refugees Act
  • Qualify as retired persons
  • Are financially independent, or
  • Are relatives (either by blood or judicial adoption) of a South African citizen or a permanent residence permit holder.

The main distinction between a South African citizen and a permanent resident is that citizens possess a South African passport and have the right to vote in all elections.

In contrast, permanent residents can live, work, and study in South Africa indefinitely, but they remain foreign nationals and must travel using their home country’s passport.

FeatureSouth African CitizenPermanent Resident
Passports & TravelEligible for a South African Passport.Uses home country’s passport.
Voting RightsCan vote in national, provincial, and municipal elections.Cannot vote in any South African elections.
Public Office & Civil ServiceCan run for political office and hold most civil service/government jobs.Generally cannot hold public office or sensitive government jobs.
Expats & Staying AbroadCan live outside South Africa indefinitely without losing status.Can lose status if they do not physically reside in South Africa at least once every three years.
Deportation RiskCannot be deported, except in very rare cases of severe treason.Can lose status if they do not physically reside in South Africa for at least 3 years.
Citizenship StatusAlready holds citizenship.Can, in theory, have residency revoked and be deported for certain criminal convictions.
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