Friday, January 18, 2013

Dual Citizenship South Africa

We frequently receive issues of South African passports seconds curious how it did, or did not complete their South African citizenship.Much confusion and different stories circulating on the Internet and South African ex pat communities whether South Africans are allowed dual citizenship and their correct to a passport second.

Much of this confusion stems from the regulations in the Citizenship Act of 1995, which stated: Withdrawal of citizenship based on nationality with another country.

The Minister may by order remove a citizen of South Africa South African nationality if he or she also has the citizenship or nationality of another country, and at any time made use of the franchise or facilities passport of that country or made some other voluntary act, to the approval of the Minister, indicates that this citizen has made use of the citizenship or nationality of that other country.

The understandable suggestion here is that the use of a second passport from a South African citizen would allow the Minister of the Interior to remove the rights of citizenship.
It is in some circles still widespread belief, but in fact, this part of the Act, which deals with dual citizenship and the use of another nationality / passport, a South African, was then revoked by the government.

The repeal of section 9, the government abolished the right of the Minister of the Interior to withdraw the status of South African citizen for having used the citizenship of a foreign country. In doing so, the previous requirements that would allow the use of a foreign passport, such as exemptions or letters of permission are no longer needed.

In other words, the citizens of South Africa can now use their foreign (second) while passports abroad.
However, that South African citizens should be aware that the decision came into force with the Citizenship Act Amendment of 2004. That an offense for an adult South African citizen to enter the Republic or derogate using the passport of another country. In addition to this, the South African citizen can not, while South Africa, using their foreign citizenship to gain an advantage or avoid a responsibility or duty.

In laymans terms this means a South African citizen, who has dual nationality (second passport) can use this without restraint outside South Africa, but when entering or leaving South Africa they must use their South African passport.

The Department received a number of inquiries from our ports of entry on whether or not the South Africans who arrive at the border with a foreign passport may be refused to enter or leave the Republic. The department is required to apply the Act to amend the citizenship. However, we recognize that many South Africans affected may not be aware of changes to the Citizenship Act and the implications for themselves.

We therefore decided that affected South Africans departing or arriving at our ports of entry, try using a foreign passport will be issued with a warning giving them three months to obtain a South African passport . They will be allowed to leave or enter South Africa.

Therefore, we wish to inform all South Africans who have dual citizenship and have no South African passports to ask their South African passports at the first opportunity. Distributed by the Ministry of Foreign Affairs on behalf of the Ministry of Internal Affairs.

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