birth registration for permanent resident parents

joker08

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There is a lot of confusing information available when u google this. I just want to know if a child is born in SA to a couple who are both permanent residents in SA, both have valid ID(non-citizen), do they have to register the child at home affairs for the birth certificate or do they approach the consulate of the respective countries for it?
Some article I read even said they have to go back to their home country for a birth certificate! Anyone has been in a similar situation recently or knows of someone ?
 

SauRoNZA

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There is a lot of confusing information available when u google this. I just want to know if a child is born in SA to a couple who are both permanent residents in SA, both have valid ID(non-citizen), do they have to register the child at home affairs for the birth certificate or do they approach the consulate of the respective countries for it?
Some article I read even said they have to go back to their home country for a birth certificate! Anyone has been in a similar situation recently or knows of someone ?
Wait until the kid pops...the hospital will handle it accordingly.

TLDR; kid gets registered in SA.
 

joker08

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Wait until the kid pops...the hospital will handle it accordingly.

TLDR; kid gets registered in SA.
its not only about the birth certificate, if the child gets the birth certificate then its fine, otherwise a whole new array of paperwork(new passport, then visa and then PR application) will be required which will cost a lot of money.
Might have to take out a loan to pay for all this.
 

bwana

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You have to register the birth but from what I've been reading it doesn't necessarily entitle them to citizenship so you'll also want to register the birth with your own consulate/embassy. If they're not entitled to SA citizenship they will be entitled to PR.
 

krycor

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You have to register the birth but from what I've been reading it doesn't necessarily entitle them to citizenship so you'll also want to register the birth with your own consulate/embassy. If they're not entitled to SA citizenship they will be entitled to PR.
This.. SA laws doesn’t grant citizenship via birth if both parents are foreign.
 

joker08

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You have to register the birth but from what I've been reading it doesn't necessarily entitle them to citizenship so you'll also want to register the birth with your own consulate/embassy. If they're not entitled to SA citizenship they will be entitled to PR.
This.. SA laws doesn’t grant citizenship via birth if both parents are foreign.
its the cost that bothers. New passport is 1295, PR application is R1350 and since they give a time frame of 12-24 months and take much more time than that a relative visa is required, which is another 1350. That's R3995, also the numerous paperwork required and parking fees to be paid and lost days at work for this.
 

joker08

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anyone has done this before ? I just want to know is it necessary to apply for a visa immediately or since the child is born in SA visa is needed only if leaving the country and want to come back later?
 

Naks

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Not true.
No, it seems he's right on this one: http://www.dha.gov.za/index.php/statements-speeches/958-media-statement-on-how-citizenship-is-acquired-and-children-registered-in-south-africa

"Children born of permanent residents follow their parents’ status. We do not separate children from parents. What can be done is to record notice of birth of the child. Such notification of birth can thereafter be taken to the parents’ countries of origin for registration and issuance of passport, after which the child will be issued with a derivative permanent residence permit status, upon application."



" Children born in South Africa to permanent residents
Children born to permanent resident parents are eligible to apply for relatives temporary and permanent residency based on their parents’ status. This should be done once your child’s birth has been registered and their passport have been obtained from your home country. It is advisable to do all applications as soon as possible after the birth."

" My child does not have a visa. What happens now?
Children born to foreign parents in South Africa without a valid visa are not legal and will not be able to go to school. This is true whether or not it’s because you’ve mistakenly assumed they automatically get citizenship.

The good news is that you can legalise your child’s stay in South Africa – but you must not delay any longer than necessary to do this. Contact an immigration lawyer or attorney as soon as possible."


My advice is to get an immigration lawyer to deal with DHA, I highly recommend Eisenberg and Associates.
 

ponder

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There is a lot of confusing information available when u google this. I just want to know if a child is born in SA to a couple who are both permanent residents in SA, both have valid ID(non-citizen), do they have to register the child at home affairs for the birth certificate or do they approach the consulate of the respective countries for it?
Some article I read even said they have to go back to their home country for a birth certificate! Anyone has been in a similar situation recently or knows of someone ?

IGNORE everything below, I'm wrong!


If both parents are permanent residents and the child is born in SAthen the child qualifies for SA citizenship, the birth has to be registered with DHA within 30 days.

"Citizenship by birth
2. (1) Any person-
(a) who immediately prior to the date of commencement of the South African Citizenship Amendment Act, 2010, was a South African citizen by birth; or
(b) who is born in or outside the Republic, one of his or her parents, at the time of his or her birth, being a South African citizen, shall be a South African citizen by birth.

(2) Any person born in the Republic and who is not a South African citizen by virtue of the provisions ofsubsection (I) shall be a South African citizen by birth, if-
(a) he or she does not have the citizenship or nationality of any other
country, or has no right to such citizenship or nationality; and
(b) his or her birth is registered in the Republic in accordance with the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992).

(3) Any person born in the Republic of parents who have been admitted into the Republic for permanent residence and who is not a South African citizen, qualifies to be a South African citizen by birth, if-
(a) he or she has lived in the Republic from the date of his or her binh to the date of becoming a major; and
(b) his or her birth is registered in the Republic in accordance with the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992).".
Another source,
Citizenship by birth

If you were born in South Africa before October 6, 1995, or were born in South Africa after October 6, 1995, and
  • one of your parents was a South African citizen or held a South African permanent residence permit at the time of your birth, or
  • you were adopted by a South African citizen, or
  • by someone who holds a South African permanent residence permit and
  • your birth was registered within 30 days – you automatically qualify for South African citizenship.



Birth Certificates
 
Last edited:

Naks

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That's interesting as it is in contradiction as to what the actual act states, see above post.

Yes, they are eligible for ZA citizenship, but only when they turn 18 AND if their birth was registered with DHA:

"(3) Any person born in the Republic of parents who have been admitted into the Republic for permanent residence and who is not a South African citizen, qualifies to be a South African citizen by birth, if-
(a) he or she has lived in the Republic from the date of his or her binh to the date of becoming a major; and

(b) his or her birth is registered in the Republic in accordance with the Births and Deaths Registration Act, 1992 (Act No. 51 of 1992)."


but you're right, the law says one thing, but DHA will do whatever they want until someone challenges them in court (and usually wins).

this is why I recommend they go with an immigration lawyer
 

ponder

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Naks

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This is something that should go to the constitutional court.
not even: with the naturalisation requirements being arbitrarily raised from 5 years on PR to 10 years, in blatant contravention of the Citizenship act, only a Cape Town High Court ruling was enough to send DHA running.
 

krycor

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I missed the 'and' part.
It’s a weird situation if you ask me.. but then you look at the numbers of non-South Africans vs country’s ability to take care of them and uhm.. yah.

Personally I think it’s silly.. I know quite a few people who I’ve met over the last 8-9yrs living in Gauteng where they were granted perm residency but not citizenship due to parents.. and never applied for local citizenship post 18yr age req.

Ironically.. it’s their get out SA plan.. like SA people do via other countries. Makes u wonder how bad SA is if people don’t want citizenship
 
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