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.