# From 12-month CSV to application for permanent residence?



## ottongeke (Dec 14, 2015)

Hi folks, I have a 12-month CSV, and have now found employment. Can I apply directly for a permanent residence, without first extending the CSV to five years? Has anybody attempted this? How did it go?


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## LegalMan (Dec 26, 2012)

No, you cannot, you have to apply for PR based on a 5-year visa that you already have.


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## ottongeke (Dec 14, 2015)

LegalMan said:


> No, you cannot, you have to apply for PR based on a 5-year visa that you already have.


I was initially granted a 12-month CSV, then found employment with 12-month contract; finished my contract and got a new 12-month contract, and was given a new 12-month CSV. Two CSVs and contract renewal still doesn't qualify me for PR?


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## LegalMan (Dec 26, 2012)

Because you aren't staying in SA for 5 years. Your contracts prove you are only staying for 12+12 months = 2 years. That doesn't qualify you for PR.


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## Colt Seavers (May 10, 2015)

LegalMan said:


> Because you aren't staying in SA for 5 years. Your contracts prove you are only staying for 12+12 months = 2 years. That doesn't qualify you for PR.


But aren't critical skills people applying under the section 27(b) of the act and those requirement stipulates that only 5 years of related work experience is required (be it in ZA or abroad)?

For people with a normal work permit applying under section 26(a) of the act you need to show "Proof of five years continuous work permit status" however i can't see that applying to critical skills visa when i read the docs (gazette)?


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## ottongeke (Dec 14, 2015)

Colt Seavers said:


> But aren't critical skills people applying under the section 27(b) of the act and those requirement stipulates that only 5 years of related work experience is required (be it in ZA or abroad)?
> 
> For people with a normal work permit applying under section 26(a) of the act you need to show "Proof of five years continuous work permit status" however i can't see that applying to critical skills visa when i read the docs (gazette)?


Year Colt, I was thinking along the same lines as you; may be LegalMan, could help clarify us some more.


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## Colt Seavers (May 10, 2015)

Sorry for bumping this, just checking to see if anyone can clarify that 5 years of local work experience is required for permanent residence as per the last couple of posts in the thread. 

Have a nice weekend all.


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## Kickagainstxenophobia (Feb 9, 2016)

You do not need to be employed for 5 continuous years when you hold CSV which is valid for 5years not 12months in order to apply for PR. This rule only applies to those with ordinary work permit.


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## ottongeke (Dec 14, 2015)

Kickagainstxenophobia said:


> You do not need to be employed for 5 continuous years when you hold CSV which is valid for 5years not 12months in order to apply for PR. This rule only applies to those with ordinary work permit.


(1) Please comment on this situation: You are given 12-month CSV and you find employment with one-year contract; the contract is renewed for another year, and you get a second 12-month CSV. Do you qualify to apply for PRP based on this SECOND 12-month CSV?

(2) What is an "ordinary work permit"?

Thanks


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## Kickagainstxenophobia (Feb 9, 2016)

ottongeke said:


> (1) Please comment on this situation: You are given 12-month CSV and you find employment with one-year contract; the contract is renewed for another year, and you get a second 12-month CSV. Do you qualify to apply for PRP based on this SECOND 12-month CSV?
> 
> (2) What is an "ordinary work permit"?
> 
> Thanks


Let me answer you based on the numbers:

1. You cannot apply for a permanent residence based on a 12 month CSV issued to you, be it renewal or otherwise. You can only apply for a permanent residence through CSV if your visa is valid for 5 years. This is because DHA doesn't trust that you will be resident here for 5 un-interrupted years while working in the republic. 

2. An ordinary work permit is known as a general work permit. Anyone whose skills is not critical can obtain this category of visa and the difference is that, the category of people having general work permit are not so needed in the republic to work as much as someone with a skills that is needed to address key scarce work in the republic. This is why DHA will grant PR to people with critical skills quickly due to the shortage of skills here in SA. The aim is to make such foreign applicant not to relocate to another country where his skills would be appreciated ,thereby causing loss of such person to the republic. 

Hope you understand.


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## ottongeke (Dec 14, 2015)

Kickagainstxenophobia said:


> Let me answer you based on the numbers:
> 
> 1. You cannot apply for a permanent residence based on a 12 month CSV issued to you, be it renewal or otherwise. You can only apply for a permanent residence through CSV if your visa is valid for 5 years. This is because DHA doesn't trust that you will be resident here for 5 un-interrupted years while working in the republic.
> 
> ...


(1) Are you aware that persons living outside of SA can apply for PRP under section 27(b)? If a person not living in SA can get a PRP, what stops a person already living here and working?

Furthermore, are you aware that you can apply for CSV and PRP at the same time (whether from within SA or from your home country)? This is perfectly legal; the reason why it is not used a lot is because PRP takes a long time, so many prefer to quickly get their CSV and find employment, then go back for PRP.


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## Kickagainstxenophobia (Feb 9, 2016)

ottongeke said:


> (1) Are you aware that persons living outside of SA can apply for PRP under section 27(b)? If a person not living in SA can get a PRP, what stops a person already living here and working?
> 
> Furthermore, are you aware that you can apply for CSV and PRP at the same time (whether from within SA or from your home country)? This is perfectly legal; the reason why it is not used a lot is because PRP takes a long time, so many prefer to quickly get their CSV and find employment, then go back for PRP.


Now you are diverting from your main question. 
You asked whether or not u can apply with a CSV which is valid only for 12months for a PR and I explained to you. 

Of course ,anyone can apply for a permanent residence outside South Africa if such person qualifies for it. However, you cannot apply for a PR via CSV while outside South Africa. Your CSV was granted so that u can take up a job that needs extra skills within the republic.


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