Retaining Your SA Citizenship

JStrike said:
Until the Constitutional Court strikes that part of the law, it remains the law
Click to expand...

Yes but they are not depriving you of your citizenship, so it's not unconstitutional. You are voluntarily giving up your citizenship when you take on the citizenship of another country, which is totally different.
 
Giving up a citizenship must be an Active act. Losing it through a rule is a Passive act.

A person must renounce their citizenship for it to be them voluntarily giving it up. Anything else would be the State taking it away.
 
Billy said:
Giving up a citizenship must be an Active act. Losing it through a rule is a Passive act.

A person must renounce their citizenship for it to be them voluntarily giving it up. Anything else would be the State taking it away.
Click to expand...

It is an active act - if they tell you that actively applying for citizenship elsewhere means giving up your SA citizenship, unless you let them know first, and you go ahead without letting them know, you have actively given it up. It's not like you can claim you had no idea that would happen.
 
C4Cat said:
Yes but they are not depriving you of your citizenship, so it's not unconstitutional. You are voluntarily giving up your citizenship when you take on the citizenship of another country, which is totally different.
Click to expand...

Yep. It is open to interpretation, and the only court that can settle the interpretation is the Constitutional Court.
Until then, it remains the law
 
Billy said:
Giving up a citizenship must be an Active act. Losing it through a rule is a Passive act.

A person must renounce their citizenship for it to be them voluntarily giving it up. Anything else would be the State taking it away.
Click to expand...

By applying for another citizenship, without applying to retain your South African citizenship, you are actively renouncing it
 
Billy said:
How would Home Affairs know?
Click to expand...

The foreign governments report it to the South African government. There is a section about it in the documentation when acquiring foreign citizenship, and you need to provide the letter from Home Affairs stating you may retain your South African citizenship. So the foreign governments are aware and cooperating
 
InternetLuddite said:
We did the same applying for UK citizenship - we had a letter from DOHA stating we could retain SA citizenship. Too many posts, but AFAIK, this was not needed for children under 18 applying for UK citizenship. They retain their SA citizenship somehow.
Click to expand...
It's not needed by the Brits for anyone applying for British Citizenship. SA requires it but the Brits don't.
 
JStrike said:
The foreign governments report it to the South African government. There is a section about it in the documentation when acquiring foreign citizenship, and you need to provide the letter from Home Affairs stating you may retain your South African citizenship. So the foreign governments are aware and cooperating
Click to expand...

Not on the UK application form.
 
JStrike said:
EU. But as someone else mentioned on this thread, they had to do the same for UK
Click to expand...
EU isn't a country.

You become a citizen of the EU by applying for the citizenship of a member nation and different countries have different rules pertaining to dual citizenship.
 
bwana said:
EU isn't a country.

You become a citizen of the EU by applying for the citizenship of a member nation and different countries have different rules pertaining to dual citizenship.
Click to expand...

I'm aware. I don't want to give too many personal details about myself and would like to remain anonymous. Hence EU instead of Country X
 
JStrike said:
According to user tilt on page 2 of this forum, he needed it when applying for UK citizenship
Click to expand...

Then I suggest that proof is supplied of that, because if you go to the UK Gov site and look at the form for naturalization there is no such requirement.
 
JStrike said:
I'm aware. I don't want to give too many personal details about myself and would like to remain anonymous. Hence EU instead of Country X
Click to expand...

As I mentioned, different EU countries have different regulations so a blanket "EU" isn't particularly helpful.
 
JStrike said:
The foreign governments report it to the South African government. There is a section about it in the documentation when acquiring foreign citizenship, and you need to provide the letter from Home Affairs stating you may retain your South African citizenship. So the foreign governments are aware and cooperating
Click to expand...

This is nonsense, sorry.
 
bwana said:
As I mentioned, different EU countries have different regulations so a blanket "EU" isn't particularly helpful.
Click to expand...

Sure. It is a South African government rule, and I can tell you from my experience, at least one EU country conforms to it, and according to another user on this forum, so does the UK. And according to the Australian government website, so does Australia.

There might be some countries that haven't started conforming to this, but so far it seems to be most countries.
 
JStrike said:
Sure. It is a South African government rule, and I can tell you from my experience, at least one EU country conforms to it, and according to another user on this forum, so does the UK. And according to the Australian government website, so does Australia.

There might be some countries that haven't started conforming to this, but so far it seems to be most countries.
Click to expand...
No country is going to deny your valid citizenship application simply because you haven't chosen to retain your South African citizenship. It makes no difference to them whether or not you choose to retain your SA citizenship. Unless they have laws which prohibit dual citizenship, in which case they will want evidence that you have in fact given up your SA citizenship, otherwise it makes no difference. Please show me on the Australian government website where it says you have to supply information regarding your SA citizenship status? This idea that foreign governments report it to the South African government is simply not true.
Even if you don't want to tell us which country you got your citizenship from, just a link to one form or government website which makes this 'letter' from home affairs a requirement would convince me I'm wrong.
 
JStrike said:
Sure. It is a South African government rule, and I can tell you from my experience, at least one EU country conforms to it, and according to another user on this forum, so does the UK. And according to the Australian government website, so does Australia.

There might be some countries that haven't started conforming to this, but so far it seems to be most countries.
Click to expand...

Either put with proof or shut-up. Provide links of the requirements for MOST countries.
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X