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A question for South Africans

Posted: Wed Apr 17, 2019 1:24 pm
by Lisa F
Hi, hoping someone can clear this up for me. We're currently in the process of applying for British citizenship for my South African daughter. She's 20 now but has lived in the UK since she was three. I'm only British by decent so couldn't pass that on to her, hence the application.

My question is about dual citizenship. I've seen various things saying that she will automatically lose her SA citizenship once she gains British citizenship as we didn't contact Home Affairs for permission beforehand. Is this correct? She has no interest in keeping her SA citizenship so we are actually hoping this is true as it would make life simpler for travelling.

Example: we are hoping to go to the USA once she has her British passport. As a British citizen she will only need an ESTA rather than a whole visa. The ESTA form asks the question "do you have dual nationality?". Will she be able to put "no" and be 100% truthful?

Thanks guys.

Re: A question for South Africans

Posted: Wed Apr 17, 2019 1:52 pm
by alterhase58
Example: we are hoping to go to the USA once she has her British passport. As a British citizen she will only need an ESTA rather than a whole visa. The ESTA form asks the question "do you have dual nationality?". Will she be able to put "no" and be 100% truthful?
If the other citizenship has not been relinquished officially you will have to say "yes" - I am British but I have to say yes because I haven't given up my other citizenship. There should be a reply from the SA experts here.

Re: A question for South Africans

Posted: Wed Apr 17, 2019 2:11 pm
by CR001
My question is about dual citizenship. I've seen various things saying that she will automatically lose her SA citizenship once she gains British citizenship as we didn't contact Home Affairs for permission beforehand. Is this correct? She has no interest in keeping her SA citizenship so we are actually hoping this is true as it would make life simpler for travelling.
If she has not applied for retention of SA citizenship, she will lose it automatically on the date she attends her citizenship ceremony and she will become a NON SA citizen.

I did the same and my letter from the consular home affairs that clearly states I voluntarily obtained another citizenship and therefore lost my SA citizenship on the date of my ceremony (this letter is issued free of charge and also gives me permission to travel in and out of SA on my British passport). My passport and ID book were clipped and cancelled and I was taken off the SA population register and issued with a new Non SA Identity Number. I am not allowed to hold a South African passport unless I return to the Republic for a minimum period of 12 months and then apply to resume SA citizenship.

So once she is British, she will only be British. If you want the relevant SA legislation about this, I can post it later for you.

Re: A question for South Africans

Posted: Wed Apr 17, 2019 4:22 pm
by Lisa F
CR001 wrote:
Wed Apr 17, 2019 2:11 pm
If she has not applied for retention of SA citizenship, she will lose it automatically on the date she attends her citizenship ceremony and she will become a NON SA citizen.

I did the same and my letter from the consular home affairs that clearly states I voluntarily obtained another citizenship and therefore lost my SA citizenship on the date of my ceremony (this letter is issued free of charge and also gives me permission to travel in and out of SA on my British passport). My passport and ID book were clipped and cancelled and I was taken off the SA population register and issued with a new Non SA Identity Number. I am not allowed to hold a South African passport unless I return to the Republic for a minimum period of 12 months and then apply to resume SA citizenship.

So once she is British, she will only be British. If you want the relevant SA legislation about this, I can post it later for you.
Thank you! That's very helpful. She did not apply to retain her South African citizenship so she will definitely lose it. I like the idea of a letter to prove this from home affairs though. Did you have to request that?

Re: A question for South Africans

Posted: Wed Apr 17, 2019 4:52 pm
by CR001
Did you have to request that?
She has to go in person with her SA passport and ID and birth cert etc. There is a form to complete I think and they do the letter while you wait, takes a couple of hours and is free of charge.

As soon as I get home I will post what the letter says and the legislation it refers to so you can see.

Re: A question for South Africans

Posted: Wed Apr 17, 2019 5:11 pm
by Lisa F
Thank you! :)

Re: A question for South Africans

Posted: Wed Apr 17, 2019 6:38 pm
by CR001
The first letter I got while I waited at the consular home affairs office in Whitehall, issued free of charge and says the following :

Dear Madam,

ACQUISITION OF BRITISH CITIZENSHIP: FIRST NAME MIDDLE NAME LAST NAME
IDENTITY NUMBER: YYMMDD 0000 086


With reference to your recent enquiry, it is noted that you formally acquired British citizenship by naturalisation at the Home Office, London on 11 MONTH 2012 whilst resident outside South Africa.

Such naturalisation/registration is construed as a 'voluntary and formal act' which in terms of Section 6(1)(a) of the South African Citizenship Act (Act No 88 of 1995), resulted in the automatic loss of your South African Citizenship with consequent ineligibility for further South African passport facilities from the date of naturalisation/registration.

In terms of Section 13(3)(a)(i) of the said Act, you may only apply for the resumption of your South African Citizenship upon returning to the Republic for a continuous period of 12 months.

As you were born in South Africa, you automatically retain your right of residence. This letter, together with a valid British passport, should be produced to a Passport Control Officer at the South African port of entry to facilitate your admission.

Yours faithfully,

Pp. COUNSELLOR
IMMIGRATION & CIVIC AFFAIRS

Re: A question for South Africans

Posted: Wed Apr 17, 2019 6:42 pm
by CR001
Then I got a second letter in the post about 4 months later stating the following ;

Dear Mrs SURNAME

LOSS OF SOUTH AFRICAN CITIZENSHIP


This serves to inform you that your non-citizenship status has been recorded by South African Home Affairs.

Your new Identity Number is: DDMMYY 0000 185

You ceased to be a South African citizen on the 11.XX.2012 when you acquired British Citizenship by naturalisation.

It is advisable that you apply for a non-citizen identity document from this office, at your earliest convenience.

This letter must be produced when you apply for your new ID Book.

Information on how to apply for an ID Book is available on our website.
https://southafricahouseuk.com/passport ... idboo.html

Yours faithfully,

Counsellor

Immigration & Civic Affairs

Re: A question for South Africans

Posted: Thu Apr 18, 2019 11:31 am
by Lisa F
That's incredibly helpful, thank you! :D

Re: A question for South Africans

Posted: Thu Apr 18, 2019 11:36 am
by CR001
You're welcome :D