# Permanent Residence



## BrianNkatha (Mar 6, 2014)

Good Afternoon,

I intend to apply for permanent residence under exceptional skills. I hold an MBA and have worked in public sector finance for the last 6 years in SA. I was arrested last year for public indecency and paid an admission of guilt fine.

1. Will this show on my criminal record? (I’ve read somewhere that if there was no court conviction it will not)

2. If this shows on my Police Clearance, does it affect my application for permanent residence?

3. What remedies are available for me to secure permanent residence?
Thank You,
Brian


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## 2fargone (Jun 14, 2011)

BrianNkatha said:


> Good Afternoon,
> 
> I intend to apply for permanent residence under exceptional skills. I hold an MBA and have worked in public sector finance for the last 6 years in SA. I was arrested last year for public indecency and paid an admission of guilt fine.
> 
> ...


The official link from Home Affairs says:

You may be deemed to be an undesirable person if

you are or are likely to become a public charge
you are identified by the Minister (after consultation with the Immigration Advisory Board as undesirable o you have been judicially declared incompetent
you are an un-rehabilitated insolvent
you are a fugitive from justice
* you have 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).*

Department of Home Affairs - Permanent Residency (Immigration)

I think you are good to go. I read in another thread a while back that crimes that are considered 'minor' will still receive PR. Unless something has changed. 

I don't know if it shows up on the criminal record someone else might know!


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## BrianNkatha (Mar 6, 2014)

Thanks mate! will give it a go...


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## LegalMan (Dec 26, 2012)

2fargone is right, it often depends on what you have done, what the resulting sentence was, what the mood of the immigration officer is when they see your application, etc, etc.

My guess is that you will be fine (not fined!).


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## noriki (Jul 14, 2014)

hi Brian 
did u come right with your police clearance?


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