New rules for dual citizenship in south africa

twin citizenship – South Africans preserving second passports

We often receive  questions from South Africans holding second passports enquiring how this does, or does no longer, effect their South African citizenship.

an awful lot confusion and differing memories flow into the internet and South African ex pat groups approximately whether or not South Africans are allowed duel citizenship and their proper to preserve 2nd passports.

a whole lot of this confusion stems from the rules inside the Citizenship Act of 1995 which said:

Deprivation of citizenship on grounds of the usage of citizenship of any other united states
nine. The Minister might also through order deprive a South African citizen of his or her South African citizenship if he or she also has the citizenship or nationality of another u . s . a ., and has at any time made use of the franchise or the passport facilities of that u . s . or done such different voluntary act which, to the satisfaction of the Minister, shows that such citizen has made use of the citizenship or nationality of that different usa.

The clean implication right here became that use of a 2d passport with the aid of a South African citizen could entitle the Minister of home Affairs to do away with that people rights to citizenship.

that is in a few circles nonetheless the widely held notion, but in fact this part of the act, dealing with twin citizenship and the usage of some other nationality / passport via a South African, become later repealed by the government.

inside the repealing of phase 9 the government withdrew the  right of the Minister of home Affairs to remove the citizenship status of a South African for having used the citizenship of a overseas u . s . a .. In doing so the previous necessities that could have allowed use of a overseas passport , which includes exemptions or letters of permission, are no longer required.

In other words South African residents could now use their foreign (2nd) passports even as touring abroad.

however, what South African citizens must be privy to is the ruling that got here into impact with the Citizenship change Act of 2004. This made it an offence for an adult South African citizen to go into the Republic or go away from it the use of the passport of another usa. further to this, the South African citizen might not, at the same time as in South Africa, use their foreign citizenship to advantage advantage or keep away from a responsibility or duty.

In laymans terms which means that a South African citizen, who has dual citizenship (a 2d passport) can utilise this freely out of doors of South Africa but when entering or leaving South Africa, they ought to use their South African passport.

The beneath is an exert from the departments internet site (http://www.southafrica-newyork.net/homeaffairs/dualcitinfo.htm)

The department has obtained a number of enquiries from our ports of entry on whether or not South Africans who arrive at border posts with overseas passports can be refused to enter or depart from the Republic.

The branch is obliged to enforce the Citizenship modification Act. however, we well known that many affected South Africans may not yet be privy to the amendments to the Citizenship Act and the implications for themselves.

we have consequently determined that affected South Africans departing or arriving thru our ports of access, attempting to use a overseas passport, could be issued with a caution giving them three months to acquire a South African passport. they'll be allowed to go away or enter South Africa.

as a consequence, we would like advocate all South Africans who have a dual citizenship and do now not have South African passports to use for his or her South African passports at their earliest opportunity. dispensed by the branch of foreign Affairs on behalf of the department of domestic Affairs.

if you have any questions regarding your dual citizenship or that you are a South African preserving a 2d passport  you should contact the nearest South African Embassy or Consulate on your area.

This is the new immigration rules for south africa