A while ago, there was a post on SA Rocks about dual citizenship, which generated some discussion and a whole lot of questions. I went back to that post last week and was amazed at the comments that it had accumulated, as well as the number of questions that people had about the issue. There seems to be a lot of confusion as to what forms are needed, where to find them, and what exactly the law says.
So I’ve put together in one place links to the resources that might be of assistance to those of you grappling with this issues, as well as answering the specific questions that were asked in the comments. Feel free to ask more questions – having been through the process myself I will be happy to point you in the right direction if I can. Please note that the info below deals with dual UK and SA citizenship only.
DUAL CITIZENSHIP – WHAT THE LAW SAYS
Here is an excerpt from the South African High Commission (UK) website:
South African Citizenship Act, 1995 (Act 88 of 1995)
Section 9 which regulated the deprivation of South African citizenship in instances where a major South African had made use of the citizenship or nationality of another country was repealed on 15 September 2004 by the South African Citizenship Amendment Act, 2004 (Act No. 17 of 2004) and replaced with the following sanction:
“A major citizen who-
(a) enters the Republic or departs from the Republic making use of the passport of another country; or
(b) while in the Republic, makes use of his or her citizenship or nationality of another country in order to gain an advantage or avoid a responsibility or duty
is guilty of an offence and liable on conviction to a fine or imprisonment for a period not exceeding 12 months.”.A South African citizen who by a formal and voluntary act acquires the citizenship of another country, automatically loses his or her South African citizenship.
Resumption (Section 13): A person who has lost or has been deprived of his or her South African citizenship may apply for resumption at any Home Affairs domestic office. Application must be on a BI 175 and a prescribed fee of R128-00 is payable.
To qualify, former South African citizens by birth and descent must have returned to South Africa permanently. Former South Africans by naturalisation or registration must have a valid permanent residence permit or exemption from such permit and must have taken up permanent residence in South Africa.
In a nutshell, this is what the above means:
* In the past, people who wished to hold two passports were obliged to get a letter from the Department of Home Affairs authorising them to hold two passports, and always had to carry this letter with them when they travelled. Recent amendments mean that you no longer need to have or travel with such a letter.
* you DO have to get permission from the SA government before you apply for your foreign passport. If you acquire foreign citizenship without first asking permission from the SA government, you automatically lose your SA citizenship
* you DO have to enter and leave SA on your SA passport, not your foreign passport (although you can use that freely outside SA)
* you CAN’T while in SA rely on your foreign citizenship to gain an advantage (e.g. VAT rebate) that SA citizens do not have.
* Travelling into SA on your foreign passport or trying to use your foreign passport to gain an advantage in SA is a criminal offence and can get you a fine or even land you in prison if you are caught.
* If you have already gone ahead and got a foreign passport without getting permission from SA, you can apply to get your SA citizenship back, but to do so you must apply in South Africa and demonstrate that you are living in South African permanently.
HOW TO APPLY FOR BRITISH CITIZENSHIP WITHOUT LOSING YOUR SA CITIZENSHIP
Step 1 Write to the British Home Office asking for a letter confirming that you have not yet acquired British Citizenship. The letter should not be more than 3 months old when you apply to retain your SA citizenship, so only get it when you are ready to start the process.
The office to write to for this is:
The British Nationality Division
3rd Floor India Buildings
Water Street
Liverpool
L2 0QN
Step 2 Fill in Form BI-1664 (ignoring paragraph 
available from the High Commission website: http://www.southafricahouse.com/Consulate/Documents/bi-1664.pdf
This is your application to retain your citizenship despite taking on foreign citizenship.
Step 3 Fill in Form BI-529 fully – available from the High Commission website:
http://www.southafricahouse.com/Consulate/Documents/bi-529e.pdf All South African Citizens who are abroad at the time of lodging a passport application form must fully complete this form. The purpose of the form is to establish that as a South African Citizen you have not lost your Citizenship. If certain questions are not applicable the mark as N/A. If certain questions are not known, for example, your mothers Identity number, then mark it as “do not know”.
Step 4 Call the SA High Commission and make an appointment (the London telephone number is 09065 540 799). Yes, calls cost £1 per minute from a BT landline. No, there is no other way…
Step 5 Attend the appointment, taking with you:
· Your filled in forms BI-1664 and BI-529 as described above
· Certified copies of your current passport (only bio-data page and UK residence visa page need to be certified).
· Your letter (under 3 months old) from the British Nationality Division confirming that you have not yet acquired British Citizenship.
· A self-addressed special delivery envelope (obtainable from any UK Post Office) for the return of your documents.
· the prescribed fee of £10.00. Only cash or Postal Orders are accepted. Postal Orders must be made payable to South African High Commission.
A few days later you get a letter saying you are still an SA citizen and you can go ahead and get dual nationality if you want.
And THEN you can start the process of applying for British citizenship providing you have been over here for long enough legally etc etc – have to write a completely ridiculous “Britishness” test, then attend a ceremony and swear allegiance to the queen (!) and THEN you can apply for a UK passport. (Feel free to ask me questions about this process too and I will do my best to help.)
Obviously, all of the above is only applicable to people wanting to acquire UK citizenship in addition to their SA citizenship. Other countries have their own rules and some (like the USA) do not allow you to hold two passports at all.
Q&A
Here are answers to the best of my ability to reader questions:
On 22 Jan 2008, Kate asked:
Jeanne (or anyone else who knows!) – what reason did you give on the forms for exemption? It seems to be one of those “tell them what they want to hear” situations… only I have no idea what they want to hear!
Also, where do I find the 2 forms you speak of?
And should I do this sooner than later? Or wait until just before I apply for UK citizenship? (only eligible in a year from now)
Answer: As a reason, I just said that I still have strong ties to South Africa – family, property and investments – and I will be returning there on a regular basis.
See my explanation above for links to the forms, but all can be found on the http://www.southafricahouse.com website. I don’t think it really matters how long before you apply for UK citizenship you do it – the only time-critical thing is that the letter from the UK stating that you don’t already have citizenship must be less than 3 months old.
On 26 Jan 2008, Terence asked:
I also would like to know about those 2 forms that where mentioned. I am also applying in 12 months time for my citizenship. so im trying to get all the facts in order so I know what to do when i got to do it.
Answer: See my explanation above for links to the forms, but all can be found on the http://www.southafricahouse.com website.
On 4 March 2008 Liv asked:
Hey guys, just wondering if anyone knew what happens if you already got dual citizenship (SA/UK) but didnt apply for permission from the SA Government first??
What a numpty, yeah i know!
But seriously, before applying for british citizenship, i googled dual nationality, checked the sa embassy in london, home affairs website, etc etc. because i was worried about this exact same thing happening! But never came across this before! Ive only heard about it today from a friend who is also applying for dual nationality!!! I cant believe i may have lost my SA citizenship, well upsetting!
Is there anything i can do to retain my SA citizenship without giving up my English citizenship?
Answer: According to Section 13 of the South African Citizenship Act 1998, a person who has lost or has been deprived of his or her South African citizenship may apply for resumption at any Home Affairs domestic office. See forms required below and a prescribed fee of R128-00 is payable. To qualify, former South African citizens by birth and descent must have returned to South Africa permanently. There is no need to give up your UK citizenship, but you do have to demonstrate that you are back in SA for good.
Steps to follow
· Complete application form BI-175 http://www.southafrica-newyork.net/consulate/forms/bi-175e.pdf and BI-529 http://www.southafricahouse.com/Consulate/Documents/bi-529e.pdf.
· Complete application form BI-9 (ID book application) – only available at consulates and Home Affairs offices.
· Submit two ID-size photos.
· Submit a written confirmation by the applicant that he or she now lives in South Africa.
· Submit a copy of your identity document (ID).
· Submit a copy of your marriage certificate if you are married or have been married before.
On 11 March 2008 Sandra asked:
Hi
re_dual citizenship & passports:
I was born in UK and have been living in SA since 1970. I travelled once to UK (on a SA passport) but now that I have kids of my own and am married am looking at applying for UK passport. Do I still qualify for UK citizenship (I have my original UK birth certificate which is in my maiden name) I also took on my stepdad’s surname (which was my maiden name)
Can anyone direct me to the correct channels or organizations to help on my case?
Answer: If you were born in the UK before 1983, you are automatically considered British by birth and as such entitled to apply for a passport, but obviously you have to prove that you were born there. If your current passport is in a different name to your UK birth certificate, you need to prove each link of the chain of your name changes – your birth name, how you acquired your stepfather’s name, your marriage certificate if you changed names again etc etc.
There is a comprehensive explanation of British citizenship eligibility on Wikipedia and if you call the British consulate in your city in SA, they are usually helpful and knowledgeable and cal tell you what paperwork you need.
On 21 April 2008 Anita asked:
I have the same problem as Liv. I hold a Dutch passport though and did not apply to the SA Home Office to retain my nationality. I did my research but did not find anything. Have you heard anything further about this and if you can retain your SA nationality?
The SA website does not say anything about the 2 forms or that you need to apply in writing to retain your SA passport. They do say that you do not need the dual nationality letter to travel on another passport.
If anyone can let me know where i get these 2 forms from as my fiance is applying for his British passport – it would be most helpful.
Also if you have any info regarding apply to retain your SA passport – would also be helpful.
Answer: For the two forms you need for retention of SA citizenship in your fiancé’s case, please see the links in the “What the law says” section at the top of this page. And for how to reinstate your SA citizenship, please see my response to Liv directly above.
On 27 Aprl 2008 Jeanette asked:
Does anyone know the options of getting a British passport if your grandparents were born there? I would like to be able to come and go to UK as I please and not have to leave after 6 months, which is the case now as a visitor. I do not want to loose my SA citizenship either.
Any ideas for me?
Thanks Jeanette
Answer: You are not automatically entitled to a British passport if your grandparents were British. However, as a Commonwealth citizen with a grandparent born in the UK you DO qualify for an ancestral visa. This visa means you and your spouse can live and work in the UK for 5 years and then apply for residence, and a year later, citizenship. However, you would have to LIVE here in the UK in order to obtain a passport this way. You will not be able to live in SA for the 5 years mentioned.
On 25 May 2008 William Smith asked:
I was born in Englad and have lived in South Africa since 1956. I became a South bAfrican citizen in 1965 having broken my stay in S A. In the 1970’s I worked for a foreign government who objected to my travelling on a SouthAfrican passport. I got a new British passport and a letter, in Afrikaans nogaal, allowing me to travel on my British passport and instructing immigration officeres to stamp both passports when I left or entered South Africa. This worked weel as S A did not need me to have my passport stamped in the countries that I visited. I understand that I can still travel outside S A on my British Passport but cannot use it to leave of re-enter South Africa. If I go anywhere will the country that I am visiting want to know why there is no exit stamp on my British passport. Can anyone advise me?
Answer: The British authorities no longer stamp your passport when you leave – at least, they certainly haven’t bothered to stamp mine since I got it! The only country that stamped me (and even that was only in, not out) was the USA. I think that unless you are singled out for special attention, immigration authorities in most Western countries don’t really care where your SA exit stamp is.
On 17 June 2008, Justine asked:
Hello,
I was born in 1982, my mom was born in England and I am trying so hard to apply for a British passport. Is there anyone that has gone through this process that can help me? I am so desparate but don’t know where to go from here. Any suggestions are much appreciated.
Answer: Quick question – was your mom still a British citizen when you were born in 1982? If so, you are in luck! There is a specific form to fill in for people born to British mothers between 1961 and 1983 in order to register as British citizens.
http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/nationality/form_ukm.pdf
There are various documents that have to be sent along with the application, including your and your mom’s birth certificate – these are listed in the guide to filling in the abovementioned form:
http://www.ukba.homeoffice.gov.uk/sitecontent/applicationforms/nationality/guide_ukm.pdf
Your first step is therefore to obtain your mom’s full UK birth certificate. You can do this via online services like http://www.gro.gov.uk/gro/content/order_certificates/obtain_certificates/how–to–apply–and–pay.aspIf you receive British nationality this way, your kids will only be British if they are born in the UK, not if they are born in SA.
On 29 June 2008 Jeunell asked:
I would like to know what reasons to give for retaining my South African Citizenship?
Answer: Well, what are your reasons? You have family there? A bank account? Property? You were born there? Those all indicate strong ties to the country and are all valid reasons to retain citizenship.
On 5 August 2008 Nikki asked:
I get my Portuguese citizenship when I was 14 I now realize that I may have lost my SA citizenship years ago.
But hey I got my ID and my Passport in South Africa and its never been an issue.
My advise is follow the rules, always go out on your SA passport and come back in on it as well.
I have a sinister suspicion that they only want the info for SARS trust me. Another thing the day the say you must choose which citizenship to keep is a big warning sign that we will be going down the same route as Zimbabwe.
I think it is unpatriotic to have dual citizenship for but I am only a patroit where my bread gets buttered.
Answer: It is possible that you did not lose your citizenship years ago because of this exemption:
People who have lost their South African citizenship under Section 15(1)(a) of Act 44 of 1949 (by acquiring foreign citizenship) before 6 October 1995 may apply for retrospective exemption, which essentially means that upon approval of such an application, the client will be deemed to have remained a South African Citizen when he/she acquired foreign citizenship.
Steps to follow
· Form BI-1666 to be fully completed http://www.citizenship.co.za/downloads/bi1666 Exemption from loss SAC.pdf You can ignore paragraph eight of form BI-1666.
· All clients must fully complete form BI-529 http://www.southafricahouse.com/Consulate/Documents/bi-529e.pdf (All South African Citizens who are abroad at the time of lodging a passport application form must fully complete this form. The purpose of the form is to establish that as a South African Citizen you have not lost your Citizenship.)
· A certified copy of your current South African Passport.
· Proof of how and when you acquired your foreign citizenship (e.g. naturalization certificate) .
· A certified copy of your South African Birth Certificate.
· A certified copy of your marriage certificate.
· A self-addressed special delivery envelope (obtainable from any UK Post Office) for the return of your documents.But as you say, if you apply for an ID and passport when you are home in SA on holiday, nobody asks any questions at Home Affairs. But if you are worried, then you can always pursue the route above.
On 30 September 2008 Randall asked:
I will be applying for dual citizenship. I already qualify. I want to know one bit of info please – anyone. What do I say in the letter to the home offices? Do I ask them to state whether I have citizenship? Do I tell them why I need the letter from home office? What do I write? All of the above? What?
Answer: You tell them exactly what you want – there’s no trick to it. They don’t really care why you want it and they are used to getting these letters every day. A template could be:
“Dear Sirs
I am shortly going to be applying for UK citizenship. However I wish to retain my current South African citizenship and in order to do so, I need a letter of confirmation from yourselves that I have not yet obtained UK citizenship.
My details are as follows:
SURNAME:
FORENAMES:
NAME AT BIRTH:
DATE OF BIRTH:
TOWN & COUNTRY OF BIRTH:
SIGNATURE:
FULL POSTAL ADDRESS:”The letter you requested will then be posted back to you.
On 30 October Ilse-Marie asked:
Hi everyone
I just applied for British citizenship about a month ago and didn’t know I needed to apply for dual citizenship to keep my SA citizenship! I still haven’t heard anything yet about my application for British citizenship, but was wondering – what difference practically would it make if I didn’t have my SA citizenship anymore? If I decide to move back to SA one day – does that mean I’ll have to give up my British citizenship (if I hopefully get it)?
Just a bit confused about it now!
Answer: It’s probably too late now to ask for the letter from the Home Office saying you are not yet a UK citizen as they will pick up that your details are already in the system being processed for citizenship. So yes, when you get your UK citizenship, as far as SA is concerned you will automatically lose your citizenship. Practically, it does not make much of a difference though – if you are living in the UK, why do you really need an SA passport? If you need to prove in SA who you are, you still have your SA ID book, right?
The only time you will want to be an SA citizen again is if you move back to SA. In this case, if you are no longer a citizen, you would get embroiled in all sorts of visa requirements, like other foreign nationals. But the good news is that as long as you move permanently back to SA and intend to stay there, you can apply to resume your SA citizenship (see “What the law says” above). Neither SA or the UK requires you to give up your UK citizenship to do so.
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December 4th, 2008 at 12:10 pm
Great post, but you need to amend step 4 to say:
Call the SA High Commission and make an appointment (the London telephone number is 09065 540 799 and costs £1 a minute from a BT landline, so best call from work or someone else’s cellphone/landline).
Not only does your passport cost you more from the UK, it costs you a bomb to actually get an appointment too.
December 4th, 2008 at 6:14 pm
I know – they are pretty cheeky! But it’s exactly the same with all the other embassies – when you call the US embassy or any of the Schengen states (which you tend to have to do regularly when you have an SA possport!!) the appointment line also costs £1 per minute from BT landlines. Some company somewhere clearly cornered the market in embassy telephonic appointment line management!!
January 7th, 2009 at 3:31 pm
Hi is there anyone I repeat anyone that can help me.I have been looking for help now for the last five years and no one but no one wants to help me.My husband had to have his surname changed because when he was born he was registered in his mother’s name.We’ve got the name changed now.with all the papers saying all the above is true ,but south africa cannot change the name on the vault copy (Which is what the portuguese embassy wants) I cannot speak to the portuguese embassy due to a language barrier and a general unwillingnes (from them) to help me.We are just waiting and waitin and waiting no one wants to help us no one knows where to find someone to help us.We are very very very very desperate please
somebody help!!!!!!!!!!!
January 8th, 2009 at 2:01 pm
Hi Lilian
I work for the Homecoming Revolution, we have an immigration consultant that can assist you with your query. Send me an email at lifestyle@homecomingrevolution.co.za. I will pass on your query to him.
Regards
Len
January 13th, 2009 at 5:20 pm
Here’s a brainteaser! I have dual nationality (Aust/Dutch) and hubby has SA/Dutch. We live in The Netherlands and wish to return/immigrate to SA in a couple of years. We have received children here and wish to get them SA passports. When I rang the SAembassy here, I got a Dutchman on the line who told me in order for our kids to get SA passports we would need hubbys letter for dual nationality. Problem is that letter is long gone; when the law changed he ditched it! Is that true that we still need that letter and if so how do we get hold of a new one?
Thanks so much for any info
February 18th, 2009 at 4:10 pm
Thanks for the response Cooksister. I have tried to renew my SA passport here in Cape Town and the Home Affairs staff are adiment that I first give up the British passport. I have told them what they can do with the SA passport – only two days ago! It is this type of attude by locals that drives what were loyal South Africans away!
March 17th, 2009 at 9:20 pm
Hi I have dual citizenship (Dutch/SA) and have lived in the USA for 10 years. I am planning to visit family next month, but my SA passport has expired. Hopefully somone can advise me on what I should do to be able to enter the country. I am not interested in retaining my SA nationality, so would it be quicker to renounce my SA citizenship or should I apply for a emergency travel document?
April 1st, 2009 at 3:23 pm
Hello,
I was wondering what sort of things I need to include in the letter to the British Nationality Division (asking for proof that I have not acquired British citizenship). Has anyone got an example letter I may use or a list of information to include? This would be greatly appreciated.
Niel
April 15th, 2009 at 10:54 pm
Dual citizenship issues clarified
15 November 2004
The government has appealed to South Africans with dual citizenship to use their South African passports when leaving or returning to the country.
According to the South African Citizenship Amendment Act of 2004, that came into effect on 15 September, it is now an offence for locals with dual citizenship to use their foreign passports to leave or gain entry to the country.
It is also an offence for a citizen, while in South Africa, to use his or her foreign citizenship to gain advantage or avoid a responsibility or duty, says the Department of Home Affairs.
However, the new Act allows South Africans with dual nationality to freely use their foreign passports outside South Africa.
A provision of the South African Citizenship Act of 1995, allowing the minister of home affairs to deprive a citizen of his or her citizenship for having used the citizenship of a foreign country, has been repealed.
As a result, the need 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”, said Home Affairs spokesperson Nkosana Sibuyi.
“Accordingly, we would like to advise all South Africans who have dual citizenship and do not have South African passports to apply for their South African passports at the earliest opportunity.”
The department said it was mindful that many affected South Africans might not yet be aware of the amendments and their implications.
“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”, Sibuyi said.
He added that authorities would not, in the meantime, prevent anyone from leaving or entering the country, provided they had applied for the relevant document.
April 15th, 2009 at 11:04 pm
The above article was from http://www.southafrica.info/public_services/citizens/your_rights/update/dualcitizenship.htm
April 21st, 2009 at 7:19 pm
Hi there,
If anyone can help me with two questions that would be really appreciated.
1) I’m one of those who has made the mistake of becoming a British citizen without letting SA Home Affairs know, so I’m pretty sure I’ve lost my SA citizenship. However, one thing makes me wonder. It says in 1995 Act that a person shall lose his/her citizenship if he/she acquires citizenship of another country “by some voluntary or formal act other than marriage”. I aquired my citizenship through being married to a British citizenship for 3 years. However, I had to go through the process of naturalisation, writing the citizenship exam, swearing oath to the queen, etc. The question then is, does the clause in 1995 Act apply to me or have I lost my SA citizenship?
2) Second question: presuming I have lost my SA citizenship, is there any formal renunciation that I need to do now so that Home Affairs knows? I am planning to visit my family in Cape Town in July and I don’t want to run into problems at border control for using my British passport to go in and out of SA.
Thanks.
April 25th, 2009 at 12:30 am
Hi,
With regards to retaining South African Citizenship, there are two questionnaires:
BI-1664 & BI-529
In BI-1664 Application for retention of South African Citizenship questionnaire, there is point 8 which says:
South African citizenship: A completed BI-529 questionnare in respect of my claim to South African citizenship is attached (NOT NECESSARY WHERE PARAGRAPH 5 OR 7 HAS BEEN COMPLETED AND ONE OR BOTH OF THE RELEVANT DOCUMENTS CAN BE SUBMITTED).
I took this as meaning that if points 5 & 7 have been filled in,in the BI-1664 questionnare then I need not fill in the
BI-529 questionnare, is this correct?
Any help would be greatly appreciated.
Thanks
April 25th, 2009 at 9:17 am
Hi Jeanne,
That is brilliant, thank-you so much for your help!
Tanya
May 4th, 2009 at 6:17 pm
Niel van Vlaanderen,
Re your quiery, look at http://www.bia.homeoffice.gov.uk/britishcitizenship/aboutcitizenship/ .My husband has got to prove the same in order to be able to renew his SA passport.
Good Luck
Regards
Agnes Van veen
May 4th, 2009 at 8:30 pm
Lilian,
I agree with Len – you probably need to speak to a qualified immigration professional.
Lenie,
I do not know what the position is regarding people who received dual nationality under the old regime where a letter was required. I do, however, know that South Africa no longer issues the old dual nationality letters, so getting a replacement may be a problem. I suggest that you speak to an immigration professional who can deal with the embassy on your behalf.
Lance,
Both my husband and I renewed ours there when we already had UK passports and nobody batted an eyelid.
Maybe you should try to renew your passport in PE
Xandra,
I hope you came right in the end? Let us know what happened.
Andrew,
Under some countries’ laws, the mere fact that you married their citizen automatically grants you citizenship. This is the situation that the law yo quote deals with. HGowever, in the UK, marriage to a UK citizen does NOT autimatically give you citizenship – as you say, there is the 3 year residence requirement plus then the whole rigmarole of swearing allagiance to the Queen etc etc. You can therefore sefaly say that you have become a UK citizen throuh a voluntary act OTHER than marriage, and have therefore by definition lost your SA citizenship.
Also, there is indeed a formal renunciation of citizenship process – see the process here: http://www.southafricahouse.com/Consulate/C_Ru.htm You will need to obtain (in person or by post) form BI 246 and BI 529 (which can be downloaded from the website.
Neil,
See in the body of the post – I have included sample wording for this letter:
Answer: You tell them exactly what you want – there’s no trick to it. They don’t really care why you want it and they are used to getting these letters every day. A template could be:
“Dear Sirs
I am shortly going to be applying for UK citizenship. However I wish to retain my current South African citizenship and in order to do so, I need a letter of confirmation from yourselves that I have not yet obtained UK citizenship.
My details are as follows:
SURNAME:
FORENAMES:
NAME AT BIRTH:
DATE OF BIRTH:
TOWN & COUNTRY OF BIRTH:
SIGNATURE:
FULL POSTAL ADDRESS:”
The letter you requested will then be posted back to you.
Tanya,
As I discussed with yo on e-mail, you are right: if questions 5 & 7 of Form BI 1664 have been filled in, then you need NOT fill in the BI-529 questionnare (proving your citizenship). In other words, if you can produce a valid SA passport or ID book, you need no further proof that you are an SA citizen.
May 12th, 2009 at 7:48 pm
Hi Jeanne,
Thanks so much for your help. It is really appreciated.
Andrew
May 12th, 2009 at 8:45 pm
Jeanne, sorry one more question –
Once I have these forms to apply for renunciation, will I have to make the application at Home Affairs in London, or can it be done by post?
Thanks again,
Andrew
May 13th, 2009 at 11:18 am
Hi,
I have dual SA/british citizenship, living in UK permanently. I am travelling to SA in Dec/Jan and need to change my name on SA passport to my married name. What is the best way to go about this?
Many thanks!
May 14th, 2009 at 5:37 am
Hi, Just to let you know that the facts are not very detailed at the top. IF YOU HAVE AQUIRED CITIZENSHIP IN ANOTHER COUNTRY PRIOR TO TURNING 18 YOU RETAIN YOUR SA CITIZENSHIP FOR LIFE!!!!! Quote: “South African citizens under the age of 18 years are exempt and do not require permission as long as they acquire the foreign citizenship before their 18th birthday. They automatically retain their south african citizenship for LIFE unless; once they have reached the age of 18 years and they then wish to acquire a further foreign citizenship. They will then have to apply for PRIOR permission to retain their south african citizenship – failing to do so, they will automatically lose their South African citizenship.” Hope this helps some one out there and its from the SA high commission website in Canberra.
May 28th, 2009 at 5:33 pm
Did you know that the HSMP changes were ruled illegal by UK High Court and you can apply under the old rules. You do not need to do the 1 year and if you have or are currently doing the extra year you can get you fees back and go for Citizenship strait away. http://www.workpermit.com/news/2008-04-09/uk/2006-hsmp-changes-ruled-illegal.htm
May 29th, 2009 at 9:42 am
Hi Morgan
This is correct but only in a limited sensse. What the ruling meant was that if you applied under the old HSMP visa rules which stated that you had to wait 4 years to apply for indefinite leave to remain (ILR) and 5 years for citizenship, then you are entitled to be treated in terms of the rules under which your visa was granted. So if you got your HSMP visa for 2004-2008, then the court ruling means that the UK government cannot retrospectively move the goalposts and make you wait till 2009 for your ILR, despite the rule change. The court said that the new extended period only applies to HSMP visas granted AFTER the 2006 rule changes, and all people who got their visa after 2006 are bound by the new rules.
June 3rd, 2009 at 2:50 pm
Hi! This page is so helpful, thank you! One question i have, when we go for our appointment with the SA embassy, could you please explain what a certified copy of the passport is, and where i can do this? Do we have to use a solicitor or is there (hopefully) a place we can do this for free?
Many thanks!
Nicole and Theuns
June 16th, 2009 at 6:15 pm
I obtained UK citizenship 4 years ago. I did not apply for dual citizenship and do not want my SA citizenship however my mother is ill and I may need to travel to SA. Do I use my UK passport? My SA passport has expired.
June 29th, 2009 at 8:26 pm
Hi.
I have the exact same problem as Andre. My South African passport is expired and my mother is ill, so I need to travel to SA n the short term. Any ideas on whether I can travel on my British Passport into SA and avoid going to jail? I knwo there was a moratorium issuing a warning and giving you three months to apply for a new passport, but does this still apply?
Thanks
July 4th, 2009 at 7:59 am
Please correct me if I am wrong.. But it looks now as if you do not have to make an appointment at the SA High Commision in London? (from September) (and their appointements are supposedly fully booked up until then?
http://www.southafricahouse.com/Consulate/C_RC.htm
btw thanks for some helfull info here.
July 17th, 2009 at 4:12 pm
Re the non aquisition letter from the British Home Office, you have to fill out form NQ and pay £75 (see http://www.ukba.homeoffice.gov.uk/britishcitizenship/aboutcitizenship/).
As far as I can see there are no appointments at the SAHC until end August, and thereafter it is first come firat serve…
July 20th, 2009 at 8:24 pm
Hi. My wife and I have been living in the UK for 7 years. We are naturalised and thus hold dual citizenship. Unfortunately, from the foregoing it appears that we have automatically lost our SA citizenship. We intend to return to SA with our 2 yr old son (British citizenship only).
What passports would enter on? Our SA passports are still valid. Also, given that British citizens are allowed 90 days visa free, how long would it take to process our request for continuation of citizenship? Finally, what would the status of our son be given that we have not yet embarked upon his SA citizenship application process (registration of birth, etc).
Thanks in advance.
September 2nd, 2009 at 9:57 pm
hi
i recently acquired british citizenship, didn’t want dual citizenship, didn’t renounce sa citizenship as my research indicated my south african citizenship would AUTOMATICALLY lost.
i am now in south africa on holiday, was threatened with prison as i arrived on my british passport and no longer have a south african passport (stolen). my visa stamp says “report to home office”.
anyone been in a similar situation?
what are my options for leaving south africa with minimal hassle?
thanks in advance
ps: very informative post and comment thread!
September 23rd, 2009 at 12:54 pm
Hi, have the same problem as Andrew and would like to know if I can now use my British Passport to enter SA because I lost my SA citizenship and my SA passport is expired?
Thank you, PM
December 29th, 2009 at 2:48 pm
Hi,
I have been reading all these comments but can’t seem to find a situation similar to mine.
I was born in Poland and I have Polish citizenship since I was born there and you can not loose your Polish citizenship.
My parents emigrated to South Africa in 1981 where I received South African citizenship by naturalization. I have had dual citizenship all the time and I even have my letter still stating that I can use both passports.
I lived in South Africa for 25 years (1981-2006) before moving to Poland. Is there a rule about loosing your citizenship if you are outside the country for a longer period of time and if so am I still eligible to apply for citizenship if I decide to return to South Africa?
My South African passport has now expired and I am not sure if I can just apply for a new one at the South African Embassy in Poland?
Will appreciate any advise.
January 25th, 2010 at 3:25 am
Hi all!
I am a British citizen and married to a South African we both have dual citizenship and have now had a child whom was born in the uk with a British passport.however we are all planning to return to reside in south africa permentaly can anyone advise on what legal documentation would be required?
Would be extreamly greatful for any advice or a point in the right direction??
Thanx : )
March 8th, 2010 at 4:25 pm
Hi
I now live in the UK and have just got my British citizenship. I stupidly (I know) thought I had to get permission to retain my SA citizenship before applying for my British passport and not British citizenship. I DO NOT wnat to lose my SA citizenship but will not eb living in SA anytime soon. Has anyone applied to retain their SA citizenship AFTER getting their Brit citizenship and while in the UK?
Looking forwrad to replies!
April 13th, 2010 at 11:28 am
Dear Tracey
Unfortunately if you are not planning to SA anytime soon then the best you can do is arrange to have SA permanent residence endorsed into your UK passport. If you ever return to SA again permanently then you will allowed to apply to resume your SA citizenship.
If you or anyone else on this list would like more detail on this or help with your applications you are welcome to email me at tarryn@immigration.org.za – I am currently writing a dissertation on this very topic so its always helpful to hear different experiences.
November 18th, 2010 at 7:25 pm
Hi
My daughter is a South African and turns 18 in August 2011, her father (South African) immigrated to UK in 2003 and has citizenship there. My daughter would like to obtain a dual citizenship. Can this be done and how does one go about it.
November 18th, 2010 at 7:36 pm
My parents (father a UK Citizen, Mother South African) married here in South Africa. I was born and later they got divorced. My father returned to UK. I would like to found out if I am able to obtain a dual citizenship. As i am still young (13) but would like to know if it is possible to start this process now as i would like to go over to the UK to live and work once I finish school. Would I be intelligible for one now and what documentation would I require to apply.
November 25th, 2010 at 4:40 pm
Hi my husband and i are both south african’s living in the uk, our eldest child was born here but has a south african passport i am able to make a application for a british passport but want to keep his sa passport what is the process.
Another question our youngest has a british passport but is registered as a south african is he able to have dual citizienship and are there any forms or anyone i have to let know about this. we r wanting to go back to sa in a few years
January 5th, 2011 at 10:21 pm
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January 9th, 2011 at 9:00 am
Can I just say what a relief to find someone who at some point knows what they’re talking about on the internet. You beyond doubt know how to bring an issue to light and make it applicable. More people need to read this and understand this side of the story. I cant believe youre not more popular because you definitely have the gift.
February 6th, 2011 at 11:58 am
Has anyone got the answer to woody and PM from Sept 2009? Which is, if one has automatically lost SA citizenship by acquiring a UK passport can one use that to enter and leave as a UK citizen?
February 6th, 2011 at 12:09 pm
Sorry above post should have read “If one has automatically lost SA citizenship by acquiring a UK passport, can one use that UK passport to legally enter and leave SA as a UK citizen?”
February 6th, 2011 at 8:59 pm
I am a British Subject who came to South Africa to work in 1978 and was given the Permanent residence permit.since then I became a South African Citizen by naturalisation and was issued a certificate in 1992. I have been living and working in South Africa since 1978 and my children were all born here, apart from a short contract job in USA in 1998 I kept my British Passport up to date at the Pretoria Consulate and used the letter of permission to use a foreign passport I am currently in possession of a valid South African Passport as well as a valid UK passport. I need to visit my aging Mother in the UK this year and understand that I now need to use my South African Passport.The UK authorities will not issue me with a visa because I am still a British subject and they will also not issue me with a right of abode certificate for my South African passport because I have a valid British passport. Can any one help me with this because it just goes round in circles when I try to find out.
March 2nd, 2011 at 12:37 pm
Does anyone know if the information has changed since it was originally posted in 2008? I need to jump through the hoops now and have already sent the letter to the British. Perhaps someone else can add any changes, if you’re aware of any.
Thanks – keep up the good work.
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August 28th, 2011 at 12:16 pm
Hello – please could anyone help with a rather complex problem:
I was born in SA, got married to a South African. In 2002 we moved to Guernsey, Channel Islands, UK on a working visa.
I received an “ancestral” Dutch passport (did not know I needed to apply for permission from SA gov) which allowed us to stay longer than the 5 years.
We were divorced in Guersney courts in 2007, but I have not changed my SA passports name back to my maiden name yet.
I have since met and am planning to marry a British man in 2012. As my SA passport says i’m still a “Mrs”, I asked for the “renewal passport forms” to be sent by post, however,I’m unable to have my finger prints taken at the police in Guernsey (they will not even look at the letter) so will need to travel to London to have my passport done there.
I have had a nightmare trying to contact the SA embassy in London by phone to ask for advice. I would appreciate any help/ advice on below questions:
a)Does anyone know if because of the above means I am no longer a SA citizen?
b)if i am not considered an SA citizen then, am i still to travel in and out SA with the SA passport have?
c)If the SA passport expires – how would that affect me in returning visits to SA? i.e. would i need to “declare that i dont want to renew it”?
d) with all the drama and expense for me to get to london – is it even worth my while to pursue obtaining renewal, (and then to do so again next year when my name changes again)?
I’m sure it might all sound a bit silly, but I am really quite unsure on what to do?
Any help/advice would be greatly appreciated.
Nina
September 26th, 2011 at 7:55 pm
Hello
I’m a South African who has been living in Denmark for just over 4 years. I qualify to apply for British citizenship because my mother was born there, and I was born before Jan 1983. My question in this…
Do I need to obtain the letter from the British Nationality Division confirming that I have not applied for citizenship previously? I ask because I have never lived in UK, and as such wouldn’t have applied previously…
Thanks
October 4th, 2011 at 10:22 am
My husband, born South African, lived in UK for 10 years and received is nationalisation through duration, and I being South African have lived in SA now for 7 years and have 2 children born here in SA (all born after he was nationalised. We didn’t register them at the British Embassy before they were one year old but have an email from the British Embassy saying it’s fine as long as they were born after my husband was nationalisedthey have claim to a British passport.
My question is do we need to apply for them to hold Dual Nationality from the Department of Home Affairs here in SA before we apply for their British passports just as adult have to? Or is it different for children?
Thank you
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