Dual nationality for child

ponder

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#21
https://www.gov.za/sites/default/files/gcis_document/201409/act88of1995.pdf
http://citizenshiprightsafrica.org/...a-Citizenship-Act-1995-as-amended-to-2010.pdf

CHAPTER 3
LOSS OF SOUTH AFRICAN CITIZENSHIP

6. Loss of citizenship

(1) Subject to the provisions of subsection (2), a South African citizen shall cease to be a South African citizen if-

(a) he or she, whilst not being a minor, by some voluntary and formal act other than marriage, acquires the citizenship or nationality of a country other than the Republic; or

(b) he or she in terms of the laws of any other country also has the citizenship or nationality of that country, and serves in the armed forces of such country while that country is at war with the Republic.

(2) Any person referred to in subsection (1) may, prior to his or her loss of South African citizenship in terms of this section, apply to the Minister to retain his or her South African citizenship, and the Minister may, if he or she deems it fit, order such retention.

(3) Any person who obtained South African citizenship by naturalisation in terms of this Act shall cease to be a South African citizen if he or she engages, under the flag of another country, in a war that the Republic does not support.
So my interpretation is subsection (1)(a) does not apply to minors thus subsection (2) is not applicable wrt application of retention of citizenship where the individual is a minor. If you are 18+ years of age the procedure does apply.
 

bwana

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#22
So my wife is a foreign national and we'd like to have our son to have both citizenships and passports.

If I understand correctly, it should be legal and possible to do this. But I'm not sure how.

The embassy of the foreign country in question seems competent enough - but is there anything that needs to be done on the SA side of things? I know that if an adult wants to obtain a second citizenship without losing the South African one, then you need to inform Home Affairs (but how to do this exactly I'm not sure).

Has anyone done this recently? Any hints on how to go about it?
I did this for my kids - the US embassy wasn't interested in a letter from DHA but other countries might want one so it's best to ask them. I have to go through it again one of these days for the UK.
 

Dave

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#23
I did this for my kids - the US embassy wasn't interested in a letter from DHA but other countries might want one so it's best to ask them. I have to go through it again one of these days for the UK.
The UK also don’t care about other citizenship held.
 

bwana

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#24
The UK also don’t care about other citizenship held.
I didn't think so but I'll double check when I get around to doing it. They change their rules/requirements all the time. :eek:

The US one was a PITA.
 

gimpex

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#25
Sorry to break it to you, but legally you no longer hold SA citizenship. Any application for another country citizenship without permission from SA automatically voids your SA citizenship.
Strange cause both I and the kids are in and out of South Africa at least twice a year ( obviously using SA passports as the law requires ) and voila ..... none of has been detained as yet , so........ ja , somehow I think we still SA citizens
 

Dave

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#26
Strange cause both I and the kids are in and out of South Africa at least twice a year ( obviously using SA passports as the law requires ) and voila ..... none of has been detained as yet , so........ ja , somehow I think we still SA citizens
That’s been discussed to death since the post was made (if you read the rest of the posts that follow it) ;).
 

Temujin

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#27
Strange cause both I and the kids are in and out of South Africa at least twice a year ( obviously using SA passports as the law requires ) and voila ..... none of has been detained as yet , so........ ja , somehow I think we still SA citizens
Dave covered that... legislation is for 18+
 

Dave

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#29
I am 18+ ...plus quite a bit more :)

But I don’t plan to join the armed forces of either nation so I should be okay
Your problem might only show itself if you ever try and renew your SA passport overseas and will have to complete a determination of citizenship form. If you obtained your other citizenship by naturalisation (over the age of 18) SA will not be happy with you as you actually lost your SA citizenship the moment you took up the other citizenship.

http://southafricahouseuk.com/civic/psprt_passform529.php
 
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#30
So my wife is a foreign national and we'd like to have our son to have both citizenships and passports.

If I understand correctly, it should be legal and possible to do this. But I'm not sure how.

The embassy of the foreign country in question seems competent enough - but is there anything that needs to be done on the SA side of things? I know that if an adult wants to obtain a second citizenship without losing the South African one, then you need to inform Home Affairs (but how to do this exactly I'm not sure).

Has anyone done this recently? Any hints on how to go about it?
In SA you need to apply for "permission" to have dual status. If not you can be stripped of your SA citizenship. There is a document you need to fill in. I would suggest you do that after getting citizenship of the other country. That way they can't refuse it :).
 

bwana

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#31
In SA you need to apply for "permission" to have dual status. If not you can be stripped of your SA citizenship. There is a document you need to fill in. I would suggest you do that after getting citizenship of the other country. That way they can't refuse it :).
Have you read any of the other posts in this thread? :unsure:

Because none of what you posted is pertinent.
 

Temujin

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#33
I am 18+ ...plus quite a bit more :)

But I don’t plan to join the armed forces of either nation so I should be okay
My worry is not 'it doesn't matter now, no one stops me, who cares'... its one day they could and there are probably hundreds of thousands on duals that 'legally'(according to our legislation) are no longer sa citizens and they don't even know it.
Currently you need a piece of paper saying you can have dual, so, no one checks atm when you entering the country... but... what happens when someone having a bad day decides to check? Eg. what happens when all the biometrics etc are up and running and dbs linked? Is it going to one day detect you coming back from holiday and 'oh wait, gimpex has xyz too, and hes not authorised for it' and you get bounced out back to where you came from?
 

ISP cash cow

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#34
for the 18+ people with dual nationality, it is not about them checking at the border posts as you are coming in and leaving the country (your passport is valid until it expires or unless you do something stupid to get it revoked).

the issue comes in when you try and renew your passport or replace a full passport. If the Department of Home affairs get wind that you are a dual citizenship they could ask for proof that they have given you permission to be a dual nationality.

whether or not they actually will check when you get your passport is another story.

I have dual nationality and got my letter of approval from Home affairs, before I got my second passport. When I went to apply they had the forms to fill out and they had the payment schedule of what you needed to pay but when it came to actually producing the letter, it seemed they had no cooking clue of what it had to entail. The department manager brought the letter to me and asked "is this ok?", I was like "I don't know it's your bloody laws!!"

So yeah I have a letter for safety sake when I do need to get a new passport but I would not expect anyone to actually check with regards to dual nationals.
 
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