Section 26 of the Act – Direct Residence
Section 27 – Residence on other grounds
1. Section 26(a) – Holder of work visa for continuous 5 years and in possession of permanent offer of employment.
This category of PR is available to those foreign holders of a work visa for a continuous period of five years and who are in possession of a permanent offer of employment.
The Department will look at three aspects in this adjudication:
- Was there continuity without a break of the foreign applicant’s five years whilst holding a work visa;
- Has the foreign applicant held a work visa for five years recognised in terms of section 19 of the Act – note: the Department will want to refuse the PR on this category if part of the five years continuity was made up of an ICT – this is unlawful and you should contact us should you have experienced this refusal;
- What type of visa have you remained on after making the five years on a work visa – note: there is nothing in the Act to require the PR applicant on this category to show that he or she still holds a work visa – it is required that he or she is permanent employed.