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Foreigners Buying a Home in South Africa

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The purchase and sale of property in South Africa is governed in terms of common law. In terms of our common law any person with full legal capacity may enter into contracts unhindered.

There are no restrictions for foreigners purchasing property in South Africa, save for Illegal foreigners purchasing property. A foreigner can purchase property over the internet but should they wish to reside in the property, they will have to comply with the Immigration Act and apply for the requisite visa.

The Immigration Act 13 of 2002 repealed the Alien Control Act in toto.

1.    ILLEGAL FOREIGNER (entered the Republic of South Africa without a passport and/or without a valid visa)

1.1 In terms of the Immigration Act an ‘illegal foreigner’ means a foreigner who is in the Republic in contravention of the Immigration Act 13 of 2002 and includes a prohibited person.

A ‘prohibited person’ means any person referred to in section 29 of the Immigration Act.


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