South African Citizenship by Birth

In terms of the South African Citizenship Act (No. 88) the following persons are South African citizens by birth:

  • Persons born in South Africa before October 06, 1995.

  • Persons born in or out of wedlock on or after October 06, 1995 if one of his or her parents is either a South African citizen or a permanent resident. For those born before October 6, 1995 the mother of the child must have been a South African citizen at the time of the birth of the child.

  • Persons born in South Africa, adopted - by parents of which one parent is a South African citizen, in terms of the Child Care Act of 1983 and also registered in terms of the Birth and Death registrations Act of 1992.

  • Persons born in South Africa, not having the nationality of any other country and also registered in terms of Birth and Death Registrations Act of 1992.

  • Person born outside South Africa and whose parents were at the birth of the child in the service of the South African Government, representative, employee of a person, association of person resident, established in South Africa, was in the service of international organization to which the Government of South Africa is a member.

  • Registrations under this category are normally filed in South Africa and nearest offices of the Department of Home Affairs can be contact in this regard.

  

South African Citizenship by Descent

The following persons are South African citizens by descent:

  • Persons born outside South Africa of whom one of his or her parents was a South African citizen at the time of his or her birth and whose births are registered in terms of Birth and Death Registrations Act of 1992.

  • Persons born outside South Africa, adopted by a South African citizen, and his or her birth is registered is registered in accordance with the provisions of Birth and Death registrations Act of 1992.

  • Any person in Namibia on or after March 21, 1990 whose mother or father was a South African citizen at the time of the birth of the child.

  • Adopted child whose responsible parent was issued with a certificate of resumption of citizenship and has entered South Africa for permanent residence while he or she was a minor and his or her birth was registered in terms of Birth and Death Registration Act of 1992 within a year after the certificate of resumption was issued.

The requirements for registration of South African citizenship by descent are as follows:

  • Completed BI 24 form.

  • Completed BI 529.

  • Original or notarized copy of foreign birth certificate.

  • Original or notarized copies of South African parents' proof of citizenship. For instance, Birth certificate, ID book, valid passport.

  • Original or notarized copy of parents' marriage certificate.

  • A notarized letter of consent from the child's mother giving her consent for the child's birth to be registered in South Africa.

  • Adoption order (This is applicable to those who are adopted by South African citizens)

  

South African Citizenship by Naturalization

In terms of the South African Citizenship Act (no. 88 of 1995) of 1995, persons who are South African citizens by naturalization or registration or were citizens of any of the former TBVC states by naturalization are regarded as South African citizens by naturalization. Applications for naturalizations are filed only in South Africa and the nearest office of the Department of Home Affairs can be contacted to that effect.

The following are general requirements for naturalization:

  • Applicant must be a permanent residence holder.

  • Ordinarily resident in South Africa and has been so resident for one year after immediately preceding the date of application. In addition to this he or she has been so resident in South Africa for a further period of not less four years during the eight years after the date of application. In a case of married man or women, the applicant must have resided in South Africa for a period of not less than two years immediately preceding the date of his or her application and after the date of his or her marriage to such citizen.

  • Person must be of a good character.

  

Exemptions issued in terms of the South African Citizenship Act (No. 88) of 1995

Section 6(2) exemption: This is an exemption issued to a South African citizen intending to retain his or her citizenship. The said exemption takes four (4) to six (6) weeks to be issued and has to be applied for before a foreign citizenship is taken. Futhermore, applicants are advised to ensure that they have the exemption certificate in hand, as a proof of the approval of their application before taking up the foreign citizenship. The procedure is as follows:

  1. Completed BI 529E.
  2. Completed BI 1664.
  3. Original or notarized copy of applicant's proof of South African citizenship such as Birth certificate, ID book, valid passport.
  4. Notarized letter confirming that the foreign citizenship has not been taken up.
  5. Prescribed fee of $19.00.

Section 26(4) exemption: This is a kind of exemption given to South Africans who took up a foreign citizenship before October 06, 1995. In terms of the said Act, a person who takes up a foreign citizenship without retaining his or her South African citizenship automatically loses his or her South African citizenship. The procedure is as follows:

  1. Completed BI 529E form.
  2. Completed BI 1666 form.
  3. Proof of the foreign citizenship acquired.
  4. Original or notarized copy of a proof of a South African citizenship.
  5. Prescribed fee $19.00

** New York applicants: Effective 1 April 2008, all fees for consular transactions including mailing fees (where applicable) must be paid in postal money order or certified bank checks only. Cash payments will not be accepted. The postal money orders and certified bank checks must be made payable to the South African Consulate General, with the exact amount as no refunds will be made.

    

Last Revised: Monday, October 26, 2009