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South African Citizenship Amendment Act, 2004


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Old 10-05-2005, 12:31 PM   #71
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Quote:
Originally Posted by Rossmrunning
Hi there
Perhaps this is a question that others may be able to help with.

My wife and two children are all SA citizens but have been living in the Uk for nearly four years now on an ancestrial visa. We wish to get our UK passports after the five years and then return to SA permanently in the future, as we have family business concerns to help with. Our reasons for seeking UK passports is to ensure our children have a more secure future, however we do not wish to renounce our SA citizenship.

I have heard a lot of talk about a section 6 letter, how easy is this to apply for and surely the SA authorities are not going to be very willing to allow dual citizenship without a valid reason? Any suggestions on the best way of getting this letter?

Thanks Rossmrunning
Ther section 6 letter is a formality, you apply for it and it will be granted. When my wife applied she stated that she wished to retain her SA citizenship and the rights and priveledges as such. The letter was posted to her with no queries or hassles.
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Old 18-08-2005, 03:21 PM   #72
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Interesting

I was born in SA, I applied for my SA passport at the age of 17 and it was issued roughly 3 months later, I also claimed my british passport whilst still living in SA through decent, I then left the country permanently just before my 18th birthday. I left on my SA passport having been told this was what was required at the time. Five years later and i went back for a holiday earlier this month. I did not take my SA passport with me and was asked about it when trying to enter the country but the then proceeded to let me in. When trying to leave however they decided that there was a problem and asked me to step aside as i was supposed to have a SA passport with me. The bloke went off with my brit passport to immagration to enquire as what to do next and came back about 20 minutes later gave me my passport back and told me to have a nice flight, someone in immagration at JHB airport had told him that this rule was no longer in use.

Having read all the posts on this site i am however slightly concerned as to what my standing is with regards to SA citizenship as i was a minor at the time of my passports being issued have i still got SA citizenship and is my SA passports infact still legal and useable?
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Old 18-08-2005, 11:01 PM   #73
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Quote:
Originally Posted by tigs
I was born in SA, I applied for my SA passport at the age of 17 and it was issued roughly 3 months later, I also claimed my british passport whilst still living in SA through decent, I then left the country permanently just before my 18th birthday. I left on my SA passport having been told this was what was required at the time. Five years later and i went back for a holiday earlier this month. I did not take my SA passport with me and was asked about it when trying to enter the country but the then proceeded to let me in. When trying to leave however they decided that there was a problem and asked me to step aside as i was supposed to have a SA passport with me. The bloke went off with my brit passport to immagration to enquire as what to do next and came back about 20 minutes later gave me my passport back and told me to have a nice flight, someone in immagration at JHB airport had told him that this rule was no longer in use.

Having read all the posts on this site i am however slightly concerned as to what my standing is with regards to SA citizenship as i was a minor at the time of my passports being issued have i still got SA citizenship and is my SA passports infact still legal and useable?
Simple answer, yes,
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Old 16-08-2006, 02:02 PM   #74
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Question Citizenship lost / going to be lost

Hi,

I just want to get some clarity regarding the loss / resumpsion of south african citizenship.

1. If I have automatically lost my south african citizenship (due to taking on the citizenship of another country voluntarily), does that mean that I cannot visit south africa, unless I want to remain in south africa indefinately?

2. How long does it take for the retention of south african citizenship application to be processed, I don't know if anybody has experience of this?

3. If you get stopped at the south african border, can I say, yes I know I have lost my south african citizenship, but because I am not oficially "South african" anymore, I can enter south africa as an "Australian" (for example) for two weeks holiday without a visa. Or does the loss of citizenship actually only mean that you don't have a right to a passport anymore, but you still have the same obligations as a south african citizen to enter the country with a south african passport? :confused:

I've mailed questions to the south african department of home affairs, but they haven't responded, nor can anybody on the phone give me any information. I haven't received my Australian citizenship yet, but it has been approved. I have applied for retention of my south african citizenship, but don't know when I will receive it. Will just delay my citizenship ceremony until such time, so luckily there is some light at the end of the tunnel.

Thanks
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Old 18-08-2006, 06:46 AM   #75
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Hi WhatToDoNow

unfortunately, you have caught the guys at an awkward time, as mcamp mentioned that the reply to your question is going to take some research and he is off on holiday today. The other person who may be able to shed some light on this is wandering around the Grand Canyon in the States.

So, a solid reply may take a little longer.

We will see what we can provide

Thank you

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Old 19-08-2006, 02:13 PM   #76
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New to this - hope I do this correctly...

Have read with interest all the posts but none seem to answer my particular problem -

In about 1967 I acquired a British Passport by virtue of my father's place of birth being the United Kingdom.
I believe that at that time I surrendered my South African Passport and also relinquished any claim to South African Citizenship.
Since 1967 I have resided in the United Kingdom and have made several visits, on holiday, to South Africa using my British Passport.
Having lost my South African citizenship by 'a formal and voluntary act' (i.e. the acquisition of British Citizenship in 1967) may I continue to enter SA on my British passport? If so presumably I do not need a SA passport (?).
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Old 27-08-2006, 06:22 PM   #77
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Citizenship issues

I was born in the UK and moved with my parents in 1976 to South Africa .I became a South African citizen just by due course as I was 6 when we first arrived in SA . I am a British subject due to birth and South African citizen due to residency.I applied for my SA passport in 1998 and received it .I then applied for my British passport and received it in December 2001 . I hold two passports .Do I need a letter to retain my South African citizenship as I did not apply for citizenship as I was a british subject from birth.I do not have a letter for retention of South African citizenship .My family still reside (Parents and Sibling) in SA and I am married to a South African -
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Old 29-08-2006, 03:52 PM   #78
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Quote:
Originally Posted by Picapeixe
New to this - hope I do this correctly...

Have read with interest all the posts but none seem to answer my particular problem -

In about 1967 I acquired a British Passport by virtue of my father's place of birth being the United Kingdom.
I believe that at that time I surrendered my South African Passport and also relinquished any claim to South African Citizenship.
Since 1967 I have resided in the United Kingdom and have made several visits, on holiday, to South Africa using my British Passport.
Having lost my South African citizenship by 'a formal and voluntary act' (i.e. the acquisition of British Citizenship in 1967) may I continue to enter SA on my British passport? If so presumably I do not need a SA passport (?).
First things first.....you did not acquire British citizenship, you had it from birth, you did not obtain UK citizenship through any act, it is your birthright and has no impact on your SA Citizenship Status. If you were born in SA, were registered as a SA citizen then you have the right to a South african passport and can apply for such on the proviso that one /both parents either are South african or were in possession of a permanent residence permit at the time of your birth. If you meet the criteria for SA citizenship, particularly under the amendements made to the Citizenship Act, entering SA MUST be done on a South African passport.
What I would suggest you do is complete a "Determination of SA Citizenship Form" BI-529 (http://www.southafricahouse.com/migration/bi-529e.pdf)
and submit it. This will allow you to determine your status in the view of SA Home affairs. Should your citizenship be confirmed then you will have to apply for a SA passport should you wish to return to SA at any time and remain within the Law.
Hope this is of assistance.
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Old 29-08-2006, 08:36 PM   #79
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Acqustion of a foreign Nationality

There still seems to be a lot of confusion regarding this term.
For term of reference this is meant to mean that you make a physical application to another country to obtain its citizenship.
For those who are first generation, ie their parents were born in the UK, citizenship is not deemed to have been acquired but was obtained through decent....and no further action is required other than that if travelling to SA this is done on a SA passport to comply with SA Law.

Should you arrive in the UK on a visa, meet the required residency requirements and wish to retain SA citizenship, then a Section 6 exemption MUST be obtained from SA prior to any application being lodged with the UK Authorities.

Failure to do so will result in your SA citizenship being revoked as SA does not recognize dual citizenship without the necessary exemption being obtained. In the case of such loss, you do however retain the right of permanent residence and may apply for reinstatement of citizenship on taking up permanent residence in SA.

Should you not wish to retain SA citizenship, to avoid possible complications, it would be wiser to then renounce citizenship as the SA records will then be amended and you will be free to enter SA on your foreign passport without being in breach of law which carries a fine, prison sentence or both.

However before doing that, renouncing or losing your citizenship would result in any children born outside SA being deprived of their heritage and that should be considered in any decision.

There is the concept that this is unconstitutional, however this amendment resulted from the previous law (particularly section 9) being challenged in the Constitutional Court. It is now basically unquestionable in that there is now a process whereby you can become a dual-national within the framework of the law .

This amendment removed the neccessity of a section 9 exemption to carry two passports.

I hope this will clarify issues for all concerned, however if any doubt still exists I will endeavour to clear it up either on the boards or if preferred by an PM.
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Old 07-09-2006, 01:43 AM   #80
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Yay, my citizenship exemption is approved.

Seems like the guys in Canberra does it in about 4 - 8 weeks. Not bad turnaround for a SA goverment organisation. (The date on the certificate is 2 weeks before I actually received it by registered post and the Australia post is not that bad - so maybe it was lying in an "out" box somewhere).

It won't affect me now personally, but I am still not sure if you can visit south africa on a foreign passport if you automatically lost your south african citizenship (and you didn't renounce your citizenship).
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