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South African Citizenship Amendment Act, 2004


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Old 02-11-2004, 04:29 PM   #11
mcamp999
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Originally posted by Pam M
That's fine, thanks. I have no intention of ever living there again, I just thought that with the law changing, maybe it would be worth my while to keep the SA passport, although I don't know why I thought that...



Thanks Nikki. Like I said to Bushbaby, I really have bo intention of living there again, so I suppose there really is no need for me to retain it. It was more out of interest than anything else...
Pam, if I have learn't one thing in life, it is not to cut off any options, as you do not know what the future holds. Had my Grandfather registered in the UK I would not have had such difficulties coming over here in the first place, but he also said that he would never return to the UK, and so we cannot find birth certificate details etc. as he was in born whilst his dad was in the army and the records are lost. Now his children and grandchildren are suffering because of his attitude. I have learned to never say never.......
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Old 02-11-2004, 07:24 PM   #12
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Originally posted by mcamp999
Pam, if I have learn't one thing in life, it is not to cut off any options, as you do not know what the future holds. Had my Grandfather registered in the UK I would not have had such difficulties coming over here in the first place, but he also said that he would never return to the UK, and so we cannot find birth certificate details etc. as he was in born whilst his dad was in the army and the records are lost. Now his children and grandchildren are suffering because of his attitude. I have learned to never say never.......
True, but seeing as I was born there, I will always have Right of Abode....
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Old 03-11-2004, 01:38 PM   #13
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True, but seeing as I was born there, I will always have Right of Abode....
Absolutely, but will your children and grandchildren? Or could your decisions not perhaps take away an option that they might want to use in the future?
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Old 03-11-2004, 02:49 PM   #14
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Originally posted by Pam M
I thought it was okay to enter SA on a foreign passport, as long as you leave on the same foreign passport?

Now I am in the process of applying for my Naturalisation, but did not bother trying to retain my SA citizenship......how does this affect me? Can I still keep my SA passport???
SA does NOT recognize dual citizenship. SA law does however recognize that from time time SA citizens may wish to acquire foreign nationality and is prepared to grant exemptions in terms of the citizenship act. Should you acquire foreign nationality without prior exemption, you may lose your SA citizenship.
It is now in any event ILLEGAL to enter SA as a South African citizen on a foreign passport. Failure to comply with this legislation will result in a fine or imprisonment as well as the fact that you may face entry refusal or once in, they can refuse you exit clearance.
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Old 03-11-2004, 04:15 PM   #15
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Spam do you have any further links about this info. My wife has a British passport because her dad was from the UK. Will she need an SA passport as well? She was born in SA
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Old 03-11-2004, 05:36 PM   #16
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Originally posted by mcamp999
Spam do you have any further links about this info. My wife has a British passport because her dad was from the UK. Will she need an SA passport as well? She was born in SA
If she was born in SA and was registered there she is effectively a SA citizen and is obliged to travel in and out of SA on a SA passport. There are basically 3 scenarios to consider....
1. Not worrying about it and travel to SA on a UK passport and hope to get away with it
2. Apply for a SA passport....this process will involve determining SA citizenship status
3. Renounce SA citizenship.....
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Old 03-11-2004, 07:02 PM   #17
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Originally posted by spam
If she was born in SA and was registered there she is effectively a SA citizen and is obliged to travel in and out of SA on a SA passport. There are basically 3 scenarios to consider....
1. Not worrying about it and travel to SA on a UK passport and hope to get away with it
2. Apply for a SA passport....this process will involve determining SA citizenship status
3. Renounce SA citizenship.....
Cheers spoke to SA house this evening who confirmed this. She has to now apply for an SA passport and prove that she got her Brit one by descent wich isn't a problem.
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Old 03-11-2004, 07:06 PM   #18
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Originally posted by spam
SA does NOT recognize dual citizenship. SA law does however recognize that from time time SA citizens may wish to acquire foreign nationality and is prepared to grant exemptions in terms of the citizenship act. Should you acquire foreign nationality without prior exemption, you may lose your SA citizenship.
It is now in any event ILLEGAL to enter SA as a South African citizen on a foreign passport. Failure to comply with this legislation will result in a fine or imprisonment as well as the fact that you may face entry refusal or once in, they can refuse you exit clearance.
spam, this is unclear to me, why does one have to "protect" your SA citizenship if you so wish, yet you may be a British citizen as well?


I have a few friends that have dual nationality... does SA not recognise the "other" nationality?
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Old 03-11-2004, 07:31 PM   #19
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Originally posted by mcamp999
Absolutely, but will your children and grandchildren? Or could your decisions not perhaps take away an option that they might want to use in the future?
Yes, it will. But it's probably too late for me to worry about that now.... Part of me still wishes I had tried to retain my SA passport, but part of me is still not really worried, as I know that I will never live there again (although as you say, my kids may want to one day...)

Quote:
Originally posted by spam
SA does NOT recognize dual citizenship. SA law does however recognize that from time time SA citizens may wish to acquire foreign nationality and is prepared to grant exemptions in terms of the citizenship act. Should you acquire foreign nationality without prior exemption, you may lose your SA citizenship.
It is now in any event ILLEGAL to enter SA as a South African citizen on a foreign passport. Failure to comply with this legislation will result in a fine or imprisonment as well as the fact that you may face entry refusal or once in, they can refuse you exit clearance.

Right. So if I have not applied for exemption, it should be taken for granted that I am no longer a SA citizen? So if I go to SA, I should have no problems entering or leaving SA? If it is not really logical for me to assume I am no longer a SA citizen, who should I phone to get some answers, and also (sorry for all the questions, but you are obviously very knowledgable in this field) is it now completely impossible for me (since I have already applied for my Naturalisation) to retain my SA passport???
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Old 03-11-2004, 07:35 PM   #20
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Originally posted by Joan
spam, this is unclear to me, why does one have to "protect" your SA citizenship if you so wish, yet you may be a British citizen as well?


I have a few friends that have dual nationality... does SA not recognise the "other" nationality?
South African Law does not recognize dual nationality other than that acquired by descent...
Until Sept 2004 any South African with dual nationality had to have a letter of consent to carry a passport of the foreign country.
The law however recognizes that persons may need or wish to acquire a foreign citizenship. This would normally result in the loss of SA citizenship UNLESS prior permission from the SA government is obtained through means of a section 6 exemption.
Any person acquiring foreign citizenship without a Section 6 automatically forfeits SA citizenship and that is acceptable under international law as it does not render such a person stateless by virtue of then having acquired foreign citizenship.
Any such person may, if born in SA return with permanent residence, but would have to fulfill the prescribed period of residence for reinstatement of citizenship.
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