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Dual South African Citizenship

27 Jul 2015

Many South Africans are now spending extended periods of time overseas. During the course of this time overseas they may well qualify for citizenship of the overseas country. It is very important to take note of the requirements of the South African Citizenship Act before taking up the foreign citizenship otherwise you may well lose your South African Citizenship.

The South African Citizenship Act does allow for dual citizenship, but the South African citizen must make an application to retain their South African citizenship prior to taking up the foreign citizenship. This is a Retention of South African Citizenship application. If the South African citizen does not make this application and obtain the required approval then they will automatically lose their South African citizenship on taking up the foreign citizenship.

The only exemption to this is South African citizens under the age of 18 years provided that they acquired the foreign citizenship before their 18th birthday. Should such a person then want to acquire a further foreign citizenship after they have reached 18 years of age then they must make an application to retain their South African citizenship. If they do not do so, then they will automatically lose their South African citizenship.

It is important to note that South African citizens by birth who automatically lost their South African citizenship, do still retain their right to Permanent Residence in South Africa. If they then permanently return to South Africa they will be able to apply for a Resumption of their South African citizenship from within South Africa. An application for a Resumption of South African citizenship can be done by a former South African citizen by birth or descent, and they have returned to South Africa permanently or are living in South Africa permanently.

Another important aspect of the South African Citizenship Act to be aware of is the following: In terms of the Act it is an offence for a South African citizen with dual citizenship to enter or depart South Africa utilising the passport of another country. If a person holds dual citizenship then they must always use their South African passport when entering or leaving South Africa. The person can then use the foreign passport freely outside South Africa, but may not use the foreign passport to gain an advantage or avoid a responsibility, which as a South African citizen they would otherwise have or have not been entitled to.

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