25 Apr Dual Citizenship in South Africa: What You Need to Know
Many South Africans wish to increase their opportunities by obtaining a second nationality, whether for family, travel, or employment. However, it’s crucial to comprehend the regulations pertaining to dual citizenship before making that move.
Is Dual Citizenship Allowed? (Yes, but with Conditions)
Dual citizenship or dual nationality is the term used to describe when you are a citizen of two different countries at the same time. Dual citizenship in South Africa is a possibility, but South Africans are required to apply and receive permission to retain their citizenship before acquiring another nationality.
How To Retain SA Citizenship When Acquiring Another Nationality
You can retain your South African citizenship when you receive written permission from the South African Department of Home Affairs before acquiring a foreign citizenship. Therefore, an application will need to be submitted to the Department of Home Affairs (DHA), including a motivational letter and evidence of the intent to retain your South African citizenship. In the case where an individual fails to obtain this permission, it can lead to the automatic loss of South African nationality. Even so, minors or persons under the age of 18 do not lose their citizenship automatically, even if they acquire another nationality. However, you can apply to resume your citizenship, but it is a separate and more complex process to follow.
Risks of Losing SA Citizenship Unintentionally
There have been numerous cases where South African residents who acquired a foreign nationality were unaware of the prior permission needed and lost their citizenship unintentionally.
Consequently, this has introduced several risks that South Africans should be aware of before taking such a step.
1. Automatic Loss without Retention Approval
If you acquire another citizenship without obtaining approval via a Certificate of Retention first, your South African nationality will automatically be revoked under Section 6(1) of the Citizenship Act.
2. Loss of Rights in South Africa
In these circumstances, you will no longer be recognised as a South African citizen and may also lose your South African passport and ID. You might face visa or immigration requirements when visiting or living in SA and lose access to certain state services, including state medical care, pensions, and grants. Lastly, you will no longer have the right to vote in South Africa.
3. Impacts on Property Ownership
In terms of property ownership, you may be subject to additional fees or taxes, and as a foreign national face restrictions and added processes when owning property or assets in South Africa.
4. Impacts on Estate and Inheritance Matters
Having South African nationality often simplifies the legal handling of estates, wills, and inheritance, where losing it can create complications and delays if your estate involves South African assets or family members.
5. No Automatic Reinstatement
There is no immediate or automatic reinstatement of your citizenship. However, you can apply to resume citizenship, but it is a lengthy and uncertain process. Approval thereof is not guaranteed, and you may only regain permanent residency and not full citizenship rights.
While dual citizenship offers exciting opportunities, it’s essential to take the correct legal steps to protect your South African citizenship. Failing to do so could have lasting consequences that affect your rights, property, and future in South Africa.
Before acquiring another nationality, be sure to consult with an immigration expert or legal advisor and apply for a Certificate of Retention through the Department of Home Affairs. Get in touch with June Luna Immigration Attorneys to start taking proactive steps that could save you from unnecessary complications later.