# Permanent contract to apply for PR



## jhen8305 (Jun 14, 2012)

Hi all,

Just recently the company gave me a permanent contract, I am currently in working permit, and I read at the application for PR that if you are hired permanently you can apply for PR,

anyone experience to apply for this or anyone knows about this?

thanks


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## Johanna (Apr 13, 2009)

jhen8305 said:


> Hi all,
> 
> Just recently the company gave me a permanent contract, I am currently in working permit, and I read at the application for PR that if you are hired permanently you can apply for PR,
> 
> ...


Department of Home Affairs - Permanent Residency (Immigration)


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## 2fargone (Jun 14, 2011)

jhen8305 said:


> Hi all,
> 
> Just recently the company gave me a permanent contract, I am currently in working permit, and I read at the application for PR that if you are hired permanently you can apply for PR,
> 
> ...


I think you have to be employed in South Africa for 5 years before you can apply for PR. 

But not 100% sure.


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## jhen8305 (Jun 14, 2012)

Direct residence permits

This category of permit is applicable to foreigners who have been residing in South Africa on the basis of their work permits for a minimum period of five years, their spouses and also to dependents of South African citizens/permanent residence permit holders.

To apply for a direct residency permit you need to complete Form BI-947.



Residency-on-other-grounds permits

This category of permits applies to foreigners who:

are in possession of a permanent work offer in South Africa, or
have exceptional skills and qualifications
intend to establish a business in South Africa
qualify as Refugees in terms of Section 27(c) of the Refugees Act
qualify as retired persons
are financially independent
are relatives (biologically or judicially adopted) of a South African citizen/permanent residence permit holder

this 2 is not clear to me with the green font.. because when I tried to ask at the Home affairs they did not gave me any specific details about this 2 categories...


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## jhen8305 (Jun 14, 2012)

2fargone said:


> I think you have to be employed in South Africa for 5 years before you can apply for PR.
> 
> But not 100% sure.


If I will wait for 5 years then I would just apply for section 26, but what is the meaning of this section?

Residency-on-other-grounds permits

This category of permits applies to foreigners who:

are in possession of a permanent work offer in South Africa, or
have exceptional skills and qualifications
intend to establish a business in South Africa
qualify as Refugees in terms of Section 27(c) of the Refugees Act
qualify as retired persons
are financially independent
are relatives (biologically or judicially adopted) of a South African citizen/permanent residence permit holder

thanks for reply..


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## LegalMan (Dec 26, 2012)

You'll have to wait 5 years in a permanent work contract, but these 5 years can include your temporary work contract as well.


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## jhen8305 (Jun 14, 2012)

LegalMan said:


> You'll have to wait 5 years in a permanent work contract, but these 5 years can include your temporary work contract as well.


Residency-on-other-grounds permits

This category of permits applies to foreigners who:

*are in possession of a permanent work offer in South Africa,*

if I applied for this category I have to wait for 5 years?

so sorry for asking question over and over...


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## Johanna (Apr 13, 2009)

jhen8305;2196914
[B said:


> are in possession of a permanent work offer in South Africa,[/B]


The problem is, an work offer is not a work permit.

Nobody can guarantee a permanent job, economics play a role, etc.


Do you have a valid work permit?


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## jhen8305 (Jun 14, 2012)

Johanna said:


> The problem is, an work offer is not a work permit.
> 
> Nobody can guarantee a permanent job, economics play a role, etc.
> 
> ...



Hi I have a valid work permit for 5 years and the company offer me a contract for permanent employment..before my work offer is good for 5 years then they change it after a year to permanent contract.

thanks


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## Johanna (Apr 13, 2009)

jhen8305 said:


> Hi I have a valid work permit for 5 years and the company offer me a contract for permanent employment..before my work offer is good for 5 years then they change it after a year to permanent contract.
> 
> thanks


As Legalman said, you can apply for PR after five years.

I just wanted to make sure that your workpermit is valid ( it seems to be with the same company that you received an offer of permanent employment)


Welcome here and I hope you enjoy being here!


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## jhen8305 (Jun 14, 2012)

Johanna said:


> As Legalman said, you can apply for PR after five years.
> 
> I just wanted to make sure that your workpermit is valid ( it seems to be with the same company that you received an offer of permanent employment)
> 
> ...


Hi

thanks


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## hopeful1986 (Feb 5, 2014)

*huh?*

 ok, i'm confused! i thought a permanent work offer allowed an immediate application for permanent residence, hence it is a separate application and distinct from a 5-year continuous work permit PR. i mean, i know HA can be illogical, but is there really no distinction between 5-years continuous work and a permanent offer?


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## LegalMan (Dec 26, 2012)

It is true that:

_Applications for a permanent residence may be submitted by anyone who has had a formal offer of permanent employment within South Africa. The permit is granted if the applicant can prove that they will be employed for at least 5 years in the business or industry where the employment offer was made._

However, this is rare - how can you absolutely and totally prove that you will be employed for 5 years?


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## chedylan (Feb 10, 2014)

firstly i don't think your company can even give you a permanent contract unless you ARE a permanent resident already.

As far as I'm aware, they should not offer you a contract that is longer than the expiry date on your TR visa.


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## vajeera (Jan 15, 2014)

Hi , 

I too was in the same predicament regarding PR on other grounds while holding a permanent offer and a valid GWP - The HA in Pretoria clarified that the above condition is true only for Quota WP holders who after receiving a permanent job offer in their respective category can directly apply for the PR permit. Hope this helps.


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## Skilled (May 10, 2011)

vajeera said:


> Hi ,
> 
> I too was in the same predicament regarding PR on other grounds while holding a permanent offer and a valid GWP - The HA in Pretoria clarified that the above condition is true only for Quota WP holders who after receiving a permanent job offer in their respective category can directly apply for the PR permit. Hope this helps.


You are spot on

I applied my PR under the same circumstances. I do have a Quota Work permit and I am a permanent employee. I also had been a holder of General Work Permit for 5 years. The home affairs told me to apply on condition that I hold a Quota Permit and a permanent offer. They said its straight forward and easy than the "direct residency" one.


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