GlobalBuzz-SA
 

Home FAQ Calendar Arcade Mark Forums Read
Go Back   GlobalBuzz-SA > Southern Africa
Forums Info Vids Flight Bookings News Feeds Cape Town KZN
Follow GlobalBuzz SA on Twitter  
Southern Africa Live and Travel in Southern Africa


South African Citizenship Amendment Act, 2004


Reply
 
Thread Tools Display Modes
Old 05-11-2004, 10:08 AM   #31
spam
PoyseidonAdventure
 
spam's Avatar
 
Join Date: Jan 2004
Quote:
Originally posted by Joan
spam and I must have posted at the same time...

spam, a very good friend of mine had dual citizenship way back in the 80's. She is a born and bred Saffer, in fact still lives there, she married a Brit in SA and became a UK citizen... how was that possible then?
I never asked her as I did not really want to pry at the time.
She has since divorced this man, they were married for almost 25 years, so she did not marry him to have UK citizenship...


I am totally clueless when it comes to these things, as you can clearly see...
That far back, you could acquire British citizenship on the strength of marriage irrespective of where you stayed. This created a problem in that people were getting married as a convenience just so that the non UK citizen would get citizenship and right of abode...so this was changed and more stringent rules put in place, including a period of residency in the UK before citizenship. would be granted. It is almost impossible to keep up with the changes. BJ had to wait a year for ILR. In the last 3 years that has been changed to 2 years however if you have been married for 4 years or more at the time of application, you will be granted immediate ILR, so don't feel bad Joan. It is only through continual research of the various IND pages trying to ensure that the answers given are the correct ones that we manage to stay on top of everything and then I don't even come close to LG and ndg who both deserve medals for the work they put in....
spam is offline   Reply With Quote
Old 05-11-2004, 08:16 PM   #32
Joan
Walk on By
 
Joan's Avatar
 
Join Date: Jan 2004
Location: North Wales
Quote:
Originally posted by spam
That far back, you could acquire British citizenship on the strength of marriage irrespective of where you stayed. This created a problem in that people were getting married as a convenience just so that the non UK citizen would get citizenship and right of abode...so this was changed and more stringent rules put in place, including a period of residency in the UK before citizenship. would be granted. It is almost impossible to keep up with the changes. BJ had to wait a year for ILR. In the last 3 years that has been changed to 2 years however if you have been married for 4 years or more at the time of application, you will be granted immediate ILR, so don't feel bad Joan. It is only through continual research of the various IND pages trying to ensure that the answers given are the correct ones that we manage to stay on top of everything and then I don't even come close to LG and ndg who both deserve medals for the work they put in....
spam, I have ILR

I cannot keep up with all these changes, there seem to be changes daily.....

The last time I had an e-mail from one of the VS ladies, I was advised that should we return to SA permanently, we would automatically lose our British citizenship if we did not apply for the section 6 thingiemagjig......


But to me it does not matter much as we have always said that we are returning to SA, we can not afford to retire in the UK!

I am so glad that we still own property there, it is so dear to buy property where we own property, we only pay the taxes , monthly bills, etc....


Joan is offline   Reply With Quote
Old 07-11-2004, 11:44 AM   #33
spam
PoyseidonAdventure
 
spam's Avatar
 
Join Date: Jan 2004
Quote:
Originally posted by Joan
spam, I have ILR

I cannot keep up with all these changes, there seem to be changes daily.....

The last time I had an e-mail from one of the VS ladies, I was advised that should we return to SA permanently, we would automatically lose our British citizenship if we did not apply for the section 6 thingiemagjig......


But to me it does not matter much as we have always said that we are returning to SA, we can not afford to retire in the UK!

I am so glad that we still own property there, it is so dear to buy property where we own property, we only pay the taxes , monthly bills, etc....


Joan, with no disrespect meant, you seem to have things a little mixed up.
One. As a non UK citizen you need a clearance visa to enter and stay in the UK.
Depending on the kind of visa, you may remain in the UK for a period of time and then you may apply for Indefinite Leave to Remain. ILR.
Once you have been granted ILR most immigration restrictions are removed and you are free to exit/enter the UK without having to obtain any further entry clearances.
Once you have been in the country on ILR, you may apply for UK citizenship. This is where the section 6 application is required from the SOUTH AFRICAN government. Acquiring, in this case UK citizenship, without a SECTION 6 Exemption will invalidate your SA citizenship. However this would not affect your permanent residency in SA should you wish to return. You would however have to apply for resumption of SA citizenship after completing the mandatory residence period.
You will NOT lose your UK citizenship unless for the reasons I have previously stated.
spam is offline   Reply With Quote
Old 15-12-2004, 09:21 AM   #34
ForumAdmin
Administrator
 
ForumAdmin's Avatar
 
Join Date: Jan 2004
further

Statement on the South African Citizenship Amendment

Given recent developments around the issue of the Citizenship Amendment Act and in response to media enquiries on this matter, the Department of Home Affairs wishes to set out to the public a clear and comprehensive picture of the situation in this regard.

Government recently repealed section 9 of the South African Citizenship Act of 1995, which regulated the use of the citizenship or nationality of another country by a major South African who has dual citizenship.

In essence, the act repealed the provision which allowed the Minister of Home Affairs to deprive a citizen of his or her citizenship for having used the citizenship of a foreign country. Consequently, the previous requirement for exemptions or letters of permission from the Minister to make use of a foreign passport has now been terminated. The issue of deprivation of citizenship was inconsistent with the Constitutional right to citizenship.

In terms of the South African Citizenship Amendment Act of 2004 which came into effect on 15 September 2004, it is now an offence for a major South African citizen to enter the Republic or depart making use of the passport of another country.

Furthermore, it is also now an offence for such a citizen, while in South Africa, to use his or her foreign citizenship or nationality to gain advantage or avoid a responsibility or duty.

Essentially, the Amendment Act provides that a South African citizen, who has dual citizenship or nationality, can freely use his or her foreign passport outside South Africa. However, they must use their South African passport to depart from or enter South Africa.

The Department has received a number of enquiries from our ports of entry on whether or not South Africans who arrive at border posts with foreign passports may be refused to enter or depart from the Republic.

The Department is obliged to implement the Citizenship Amendment Act. However, we acknowledge that many affected South Africans may not yet be aware of the amendments to the Citizenship Act and the implications for themselves.

We have therefore decided that affected South Africans departing or arriving through our ports of entry, attempting to use a foreign passport, will be issued with a warning giving them three months to obtain a South African passport. They will be allowed to depart or enter South Africa.

Accordingly, we would like advise all South Africans who have a dual citizenship and do not have South African passports to apply for their South African passports at their earliest opportunity.

Released by Chief Directorate: Communication
Enquiries: Nkosana Sibuyi(Head of Communication)-Nkosana.sibuyi@dha.gov.za 082 886 6708


http://home-affairs.pwv.gov.za/media...ses.asp?id=188


What this line entails: In terms of the South African Citizenship Amendment Act of 2004 which came into effect on 15 September 2004, it is now an offence for a major South African citizen to enter the Republic or depart making use of the passport of another country.

Most likely persons were claiming back their Sales Tax before leaving the country, which is allowed if leaving the country with a foreign passport
ForumAdmin is offline   Reply With Quote
Old 15-03-2005, 09:00 PM   #35
Lizzy
Junior Member
 
Lizzy's Avatar
 
Join Date: Mar 2005
Hi, I am new to posting on Forums and would appreciate your help on the following. I have just obtained British Nationality and have also just heard that it is possible to have dual nationality. Today I have tried for more than 2 hours to phone the SA High Commission in London, in vain, to try and establish whether this is indeed possible. I am now applying for my British Passport, does that mean that I have to give up my SA passport? Help!!! do I now hold dual nationality or what is the position? Thank you, Lizzy from Nottingham.
Lizzy is offline   Reply With Quote
Old 15-03-2005, 09:06 PM   #36
Joan
Walk on By
 
Joan's Avatar
 
Join Date: Jan 2004
Location: North Wales
Quote:
Originally Posted by Lizzy
Hi, I am new to posting on Forums and would appreciate your help on the following. I have just obtained British Nationality and have also just heard that it is possible to have dual nationality. Today I have tried for more than 2 hours to phone the SA High Commission in London, in vain, to try and establish whether this is indeed possible. I am now applying for my British Passport, does that mean that I have to give up my SA passport? Help!!! do I now hold dual nationality or what is the position? Thank you, Lizzy from Nottingham.
Lizzy, before obtaining your UK citizenship, you should have applied for a section 6 ... in order to remain a SA citizen.
I think spam will be the best person to answer this, but as far as I know, your SA passport is not valid anymore...
Joan is offline   Reply With Quote
Old 15-03-2005, 09:09 PM   #37
TheDuck
Quack
 
TheDuck's Avatar
 
Join Date: Jan 2004
Last blog entry: Mon, 2010-06-14 13:19
Location: Scandinavia
What happens if you don't mention anything and simply continue as normal?
TheDuck is offline   Reply With Quote
Old 15-03-2005, 09:22 PM   #38
Joan
Walk on By
 
Joan's Avatar
 
Join Date: Jan 2004
Location: North Wales
Quote:
Originally Posted by TheDuck
What happens if you don't mention anything and simply continue as normal?
What is "normal"





Joan is offline   Reply With Quote
Old 15-03-2005, 10:03 PM   #39
Lizzy
Junior Member
 
Lizzy's Avatar
 
Join Date: Mar 2005
Red face

Oh, hell, now that is a thing. What do I do now? My husband says, just accept the British passport and be thankful that you have one, at least no more applying for visas from the Spanish authorities. Would still like to know though if I can apply for this Section 6 thing now or have I kissed my SA citizenship goodbye forever? :confused:
Lizzy is offline   Reply With Quote
Old 15-03-2005, 10:06 PM   #40
dudette
NationalVelvet
 
dudette's Avatar
 
Join Date: Jan 2004
Location: Bournemouth
Quote:
Originally Posted by Lizzy
Hi, I am new to posting on Forums and would appreciate your help on the following. I have just obtained British Nationality and have also just heard that it is possible to have dual nationality. Today I have tried for more than 2 hours to phone the SA High Commission in London, in vain, to try and establish whether this is indeed possible. I am now applying for my British Passport, does that mean that I have to give up my SA passport? Help!!! do I now hold dual nationality or what is the position? Thank you, Lizzy from Nottingham.
Welcome to the site , Lizzy.

It is possible to have dual citizenship, but you do have to complete a section 6 application in order to allow you to get it. Perhaps if you kept on trying with the High Commission and explained you didn't know ... perhaps there is a way to do the Section 6 retrospectively...I don't know if it is possible, but you never know if you don't try...
Meanwhile, enjoy your Brit passport
dudette is offline   Reply With Quote
Reply

Go Back  GlobalBuzz-SA > Southern Africa


Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

vB code is On
Smilies are On
[IMG] code is On
HTML code is On
Forum Jump


» Recent Threads
No Threads to Display.
Powered by vBadvanced CMPS v3.2.1

All times are GMT. The time now is 07:39 PM.


Powered by vBulletin® Copyright ©2000 - 2018, Jelsoft Enterprises Ltd.
© 2007 - 2016 GlobalBuzz Southern Africa All Rights Reserved