Gourt Home::Gourt :: South African nationality law
South Africa rewrote its nationality law since the end of apartheid in 1994 and the establishment of majority (i.e. African) rule in the country under the African National Congress. The 1995 South African Citizenship Act did away with the previous apartheid-era 1949 and 1970 acts which had granted bantustan citizenship to the country's African majority and inferior levels of citizenship to the country's Asian and coloured minorities.
Citizenship by Birth in South Africa
According to the 1995 law, a child born in South Africa after 6 October 1995 as the child of South African citizens or permanent residents is a citizen of the Republic of South Africa.
South African Citizenship by Descent
Under the 1995 law, a person born outside South Africa to a South African parent is a South African citizen by descent upon registration of the birth under South African law.
Naturalisation as a South African citizen
Citizenship can be acquired through naturalisation if the following conditions are met:
- Valid residence permit or Certificate of Exemption;
- One year’s ordinary residence in South Africa prior to the application for naturalisation;
- Four years of physical (actual) residence in South Africa during the eight years before the application for naturalisation. (This excludes the year of ordinary residence);
- In the case of an applicant for naturalisation being married in a spousal relationship with a South African citizen, then two years of permanent residence and two years of marriage/spousal relationship to the South African citizen spouse prior to the application;
- Be of good and sound character;
- Be able to communicate in any one of South Africa’s official languages satisfactorily;
- Have adequate knowledge of the duties and responsibilities of a South African citizen.
Loss of Citizenship - Naturalised South Africans
Naturalised South Africans who left South Africa before 6 October 1988 and did not obtain a 'Letter of Exemption' from the South African authorities, may have lost South African citizenship after seven years absence.
Dual nationality
The Republic of South Africa has recently changed its official position with regards to dual nationality. Prior to 2004, South Africa in principle did not recognise the multiple citizenship of its nationals unless the citizen applied for an exemption or permission letter under a 1995 law permitting South African citizens to travel using foreign passports. Many white South Africans have claims to another citizenship, especially the United Kingdom, Ireland, Portugal, or Greece (see: Demographics of South Africa). The country's small Jewish community can also claim citizenship of the State of Israel. The country has received a large influx of immigrants from other African nations as well as migrants from Brazil and South Asia, although it is not clear how many of these have been naturalised and could also benefit from this policy change.
Since 2004, South African dual nationals may travel without hindrance as long as they enter and leave South Africa on their South African passports. Dual nationals may petition for temporary, emergency or "permanent" South African passports for this purpose.
However, South African citizen who by a formal and voluntary act acquires the citizenship of another country, automatically loses his or her South African citizenship unless they apply for, and receive permission to retain their South African citizenship before acquiring the citizenship of another country.
Loss of South African citizenship may cause the person's minor children to lose South African citizenship, unless the other parent remains a South African citizen.
British Nationality and South Africa
- Prior to 1 January 1949, South Africans were British subjects under United Kingdom law, which also applied in South Africa. See British nationality law.
- Between 1 January 1949 and 1 September 1949, South Africans remained British subjects without citizenship unless they had already acquired citizenship of the UK & Colonies or another Commonwealth country.
Citizenship of the UK & Colonies
- On 2 September 1949, most British subjects from South Africa acquired South African citizenship.
- Those who did not become South African generally became citizens of the UK & Colonies provided that they had no connections with any other Commonwealth country or Ireland. Such persons would only have acquired British citizenship in 1983 if they had acquired a right of abode in the UK at the time. Otherwise they would have become British Overseas citizens.
- Those of an ethnic Indian or Pakistani background who were British subjects before 1949, but did not acquire South African citizenship in 1949, may have remained British subjects without citizenship. See Indian nationality law
- British Overseas citizens and British subjects who have no other nationality, and have not lost or renounced another nationality since 4 July 2002, may register as British citizens under s4B of the British Nationality Act 1981 without requiring UK residence. This facility has been available since 30 April 2003. Those who have immigrated to the UK may have additional options for acquiring British citizenship.
South African Citizens - 1949 to 1962
Between 1949 and 1962, all South African citizens remained British subjects by virtue of their South African citizenship.
This was ended in 1962 when South Africa left the Commonwealth. By the time South Africa returned to the Commonwealth in 1994, the phrase British subject had been replaced by Commonwealth citizen.
Right of Abode in the United Kingdom
As South Africa was a foreign country (under United Kingdom law) between 1 January 1973, the date the Immigration Act 1971 came into force in the UK, and 1 January 1983 (when the British Nationality Act 1981 came into force) South Africans were ineligible to hold Right of Abode unless they also held citizenship of another Commonwealth country, or the UK itself.
This particularly affected South Africans born before 1983 with British born mothers, who would otherwise usually have been eligible for Right of Abode in the UK.
However the changes to British nationality law on 30 April 2003 have allowed those born in South Africa between 8 Feb 1961 and 31 December 1982 with a UK born or naturalised mother to apply for registration as a British citizen by descent. With this comes a right of abode in the UK. This concession is not specific to South African citizens. See British nationality law
Commonwealth Citizenship
Following South Africa's return to the Commonwealth in 1994, South Africans are treated as Commonwealth citizens in the United Kingdom. This includes the following benefits:
- eligibility for the UK Working Holiday Visa scheme
- eligibility for the UK Ancestry Visa (for those with UK born grandparents)
- the right to vote and hold public office in the UK
There are no specific concessions in terms of eligibility for British citizenship, and South Africans must meet the same rules for registration or naturalisation as citizens of any other country.
See also
References
"South African nationality law"