Immigration Act, 2002 (Act No. 13 of 2002)

Exclusions and Exemptions

28. Withdrawal of permanent residence visa

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The Department may withdraw a permanent residence permit if its holder—

(a) convicted of any of the offences—
(i)listed in Schedules 1 and 2; or
(ii)in terms of this Act;
(b)has failed to comply with the terms and conditions of his or her permit;
(c)has been absent from the Republic for more than three years, provided that—
(i)upon showing good cause and upon prior application the Department may extend this period in specific cases;
(ii)the time when such holder—
(aa)was residing abroad while in the service of the State;
(bb)was residing abroad while a representative or employee of a person or association of persons resident or established in the Republic;
(cc)was residing abroad while in the service of an international organisation of which the State is a member;
9dd)in the case of the spouse or dependent child of a person referred to in subitem (aa), (bb) or (cc), such spouse or child was residing with such person; or
(ee)in the case of the spouse or dependent child of a person who is a South African citizen, such spouse or child was residing with such person, shall not be computed within such period;
(iii)the Minister, may grant an exemption from the requirement of residence in respect of certain residents or class of residents;
(iv)the period of absence may only be interrupted by an admission and sojourn in the Republic; and
(v)the requirement of residence in the Republic shall not affect any foreigner to whom exemption has been granted under section 31(2)(b) as a member of a category of persons, unless such foreigner previously entered the Republic or sojourned therein for the purpose of permanent residence under the authority of such exemption; or
(d)has not taken up residence in the Republic within one year of the issuance of such permit.