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SA Amendment Act bla bla bla


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Old 23-01-2006, 04:45 PM   #1
carolinesaunders
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SA Amendment Act bla bla bla

Please can someone help me. I have called South Africa House, and cannot find out too much information.
I was born in SA but have a British passport. (my dad is english). So I moved to the UK THREE YEARS AGO, and now I want to go back to SA on a two week holiday, but heard that I need a SA passport to travel. I dont intend ever moving back to SA, but what are the other options. I can renunce my citizenship, or apply for a SA passport, which I dont really want to do.

Although I do have a SA ID book in my maiden name. Now originally my UK passport was in my maiden name, but then I got married, and applied for a biriths passport in my married name, which says issued in uk and has a new name. Will they still be able to pick this up on the SA system if I used my new passport to go through, that I am the same person, as if not then I could get away with travelling on the uk passport. If not, does this mean that I have to renunce my south african citizenship although...i have nothing in SA that has my new MARRIED NAME, so a bit confused. hope this makes sense???
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Old 23-01-2006, 08:36 PM   #2
mcamp999
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Your best option is to apply for your SA Passport, that won't be a problem. If you need help doing his, then PM me please, although you aren't likely to have a problem entering the country. It is possible to get an emergency passport issued on the same day.
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Old 24-01-2006, 09:38 AM   #3
spam
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This item was lifted off the SA New York website which seems more accessible than the UK one. It was updated in May 2005 so I'm not sure if the facts are still valid.....it should still be remembered that failure to comply with the Act carries provisions for a fine, prison sentence or refusal of entry or departure.

[quote]
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Government recently repealed section 9 of the South African Citizenship Act of 1995, which regulated the use of the citizenship or nationality of another country by a major South African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. Distributed by the Department of Foreign Affairs on behalf of the Department of Home Affairs.

Should you have any questions in this regard, feel free to contact Mrs. Argie Garcia @ (212) 692 2403 or Mr. Johannes Tiba at (212) 692 2401.
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Old 24-01-2006, 10:02 AM   #4
carolinesaunders
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hi thanks for the email.
the thing is that i have a SA identity book with my maiden name, but we went to sa two years ago and got married over there, and my british passport is in saunders though...so if i do apply for my sa passport do i apply in my maiden name or my new name and send mymarriage certificate. it seems very compicated.
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Old 24-01-2006, 10:22 AM   #5
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Quote:
Originally Posted by carolinesaunders
hi thanks for the email.
the thing is that i have a SA identity book with my maiden name, but we went to sa two years ago and got married over there, and my british passport is in saunders though...so if i do apply for my sa passport do i apply in my maiden name or my new name and send mymarriage certificate. it seems very compicated.
Caroline

On the form it ill ask for your current name nd your maiden name. There will be no complications at all. Simply put both down. They will probably need to see your marriage cerificate and various other documents. The forms do explain all.
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