Quick answer
Ask questions that force the permanent-residence route, present immigration status, evidence gaps, assumptions, risks and next action into a written decision record. The useful outcome is not a general assurance that the application “looks good”. It is a category-and-risk memo that identifies the section 26 or 27 ground, the facts still to prove, what the applicant may lawfully do while the matter is prepared or pending, and why the proposed sequence follows current official sources.
How to use this guide
Prepare the facts first using the permanent-residence consultation brief. Then record the lawyer’s answer, source, assumption, missing evidence, owner and review date against each question below.
1. Which statutory ground fits the complete facts?
Ask the lawyer to identify the exact section 26 or 27 ground and the elements that must be proved. Request a short comparison if more than one ground appears possible.
The answer should show:
- the recommended ground;
- any plausible alternative;
- the fact that makes each route available or unavailable;
- which part is prescribed and which part involves discretion;
- whether a dependant or linked applicant has a separate ground; and
- what change in facts would require the route to be reconsidered.
Do not accept a category selected only from a website heading. The Immigration Act, Regulations, prescribed form and current official instructions must be reconciled with the applicant’s evidence.
2. What fact could defeat the proposed route?
Ask for the strongest adverse fact, not only the strongest supporting fact. It may be a break in qualifying history, a relationship change, inconsistent employment record, current-status issue, previous refusal, identity mismatch, missing verification, prohibited-person or undesirability question, or an inaccurate earlier statement.
Request a classification for each issue: irrelevant, explain, correct through an authorised process, obtain evidence, change route, pause filing, or obtain specialist advice. Never ask for language that hides or improves the fact.
3. What is my current authority to stay, work and travel?
Permanent residence pending is not temporary status. Ask the lawyer to identify the exact visa, permit, exemption, directive or other authority supporting residence and each activity now.
Immigration Directive 7 of 2026 contains temporary measures for defined waiver, long-term-visa and visa-appeal applicants, but expressly excludes permanent-residence applicants. Ask whether a separate temporary application falls within the directive and what evidence, conditions, travel rules and end event apply. Do not let a permanent-residence receipt stand in for that analysis.
4. Which current official source controls every requirement?
Ask for the title, date and official URL of the sources used. A reliable answer should distinguish:
- CURRENT LAW — the Immigration Act and applicable Regulations;
- CURRENT OPERATIONS — the form, checklist, submission channel and official instruction being used;
- CURRENT RELIEF — a directive or waiver that changes a specified requirement;
- HISTORICAL — an older form, checklist, directive or withdrawn practice; and
- POLICY — a proposal such as the March 2026 White Paper that does not itself replace current law.
The source record should explain how the current section 26 or 27 analysis fits regulations 23 and 24, the replacement Form 18 (DHA-947) in the 2024 Second Amendment and any later instruction.
5. What evidence proves each element, and who controls it?
Ask for a requirement-to-evidence matrix rather than a universal checklist.
| Legal or factual element | Primary evidence | Issuer or owner | Gap or contradiction | Next action |
|---|---|---|---|---|
| category | record proving the section 26 or 27 ground | applicant, employer, family, institution or financial source | identify | collect / verify / explain |
| identity and status | passport, visa, decision and chronology | applicant, DHA or VFS | identify | reconcile / obtain |
| civil or character requirement | competent authority record | issuing authority | identify | request / translate / certify |
| dependant or linked application | identity, relationship and status records | applicant and authority | identify | separate / link / review |
Ask which documents are slow, time-sensitive, jurisdiction-specific or dependent on another decision. The document dependency register owns the collection workflow.
6. How does the 2026 medical-report waiver affect this file?
Ask the lawyer to confirm how Ministerial Immigration Directive 10 of 2026 applies its prescribed-medical-report waiver to this future or pending visa or permanent-residence file. Ask the lawyer to annotate the exact legacy form or checklist item and explain the current filing treatment.
Also ask what the directive does not change. The radiological-report requirement was removed separately in 2024. The medical-report waiver does not remove police-clearance, applicable yellow-fever vaccination, verification or category evidence.
7. How should identity, history and prior statements be reconciled?
Ask which names, passport numbers, dates, visas, entries, exits, employers, addresses, family events and prior applications must be compared. For each mismatch, request the primary record and authorised explanation or correction route.
The answer should identify any earlier statement that a new form or motivation could contradict. Ask whether the original record must be preserved, whether Home Affairs should be notified of a material change, and what version-control process will keep the explanation consistent.
8. What happens to dependants or linked applications?
Ask whether each family member is a dependant, separate applicant or person whose citizenship, residence or relationship is evidence for the main ground. Confirm the civil records, signatures, interviews, status and category evidence needed for each person.
Request a linked-application table showing the main reference, family member, legal basis, shared documents, separate documents and risk if one file is delayed or refused. Do not assume one applicant’s receipt or status automatically protects another person.
9. What would make you hold or escalate the application?
Ask for explicit stop conditions. Typical examples include:
- the category cannot be supported by current facts;
- current status or activity is unclear;
- an identity or civil record cannot be reconciled;
- a required external record is missing or unusable;
- a material change has not been explained;
- an answer may be false or misleading;
- a refusal, appeal, enforcement or travel issue needs separate action; or
- the current form, channel or instruction has not been verified.
The lawyer should distinguish a document still being collected from a legal issue that makes filing unsafe.
10. What exact work product and scope will I receive?
Ask whether the engagement covers advice only, document review, category classification, drafting, filing support, status advice, responses to requests, tracking, an internal review or appeal, or court work. Record what is included, excluded, charged separately and dependent on further facts.
Request named deliverables such as:
- route-and-risk memo;
- requirement-to-evidence matrix;
- current-status note;
- document dependency register;
- final submission release note;
- filing and receipt protocol; and
- post-submission change and communication plan.
This is not a provider-selection checklist. Verify the practitioner, mandate, fees, account security and file-return arrangements through the broader Immigration Lawyers Guide.
Record every answer as a decision log
| Question | Answer | Official source | Assumption or gap | Owner | Review date |
|---|---|---|---|---|---|
| route | section and reason | title and URL | fact to verify | person | date |
| status | stay, work and travel authority | visa or directive | condition or expiry | person | date |
| evidence | required primary record | form or checklist | issuer pending | person | date |
| filing | submit, hold or escalate | current channel | final check required | person | date |
If the answer changes, keep the earlier version and record why. The final submission release check should rely on the latest dated decision log.
FAQs
What is the most important route question to ask?
Ask which exact section 26 or 27 ground fits the complete facts, what each element requires, what alternative was rejected and which adverse fact could change the conclusion.
Does scoring 100 points for a work visa qualify someone for permanent residence?
No. The 100-point system applies to specified general and critical-skills work-visa decisions. Permanent residence remains a separate section 26 or 27 analysis.
What should I ask about status while permanent residence is pending?
Ask for the exact authority to stay, work and travel, its conditions and end date. A permanent-residence receipt does not itself provide temporary status.
What deliverable should I request after the consultation?
Request a dated route-and-risk memo, requirement-to-evidence matrix, current-status note, stop conditions, responsible owners, next actions and the scope and fees for further work.
Related Lexuno paths
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Source notes
- Apply for permanent residency permit
- Immigration Act 13 of 2002
- Immigration Regulations, 2014 (updated 2018)
- Second Amendment R.4847 of 2024 and replacement Form 18
- Immigration Directive 7 of 2026
- Ministerial Immigration Directive 10 of 2026
- First Amendment of Immigration Services Fees Regulations R.7834 of 2026
Legal note
This article is general legal information for South African readers. It is not legal advice. Speak to a qualified legal professional about your specific facts before taking action.