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Visiting on Australia Passport


Cramer

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Hi we are visiting South Africa for the first time since moving 6 years ago, we all have Australian citizenship and have relinquished SA citizenship for our 13 year old (His Request) The problem is it has not been processed yet, I phoned today to check, and we leave on 19 January, he can leave Australia on an Australian passport but does not have a South African Passport to enter on as its expired.

 

Any legal minds with experience in this?

Edited by Cramer
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Our family's SA passports had expired earlier in the year. Applied for new passports via Canberra (Australian fees, messy ink fingerprints at local police station, photo costs etc.) and was told the processing time would be 4-6 months. Passports did not arrive in time for our June vacation trip - took a chance and decided to enter on our Australian passports. Here is a rundown:

1. This is NOT legal, but is not normally enforced. We were not questioned at immigration, and the queue was actually quicker than the SA passport queue.

2. Other people I know have done the same (intentionally) and when asked they say that they have given up their SA passports.

3. I had some friends do the same i.e. enter SA on Australian passport, then apply for new SA passports via home affairs while on holiday - cheaper, no fingerprint mess (all electronic), no photo fees (all digital), and get this: The processing time is between 3 and 10 days!!!

 

If you are in a similar situation with an expired passport, the most practical and cost effective (although not legal) way of renewing your passport is to enter SA on your Australian passport, then apply for a new passport while you are in SA. A passport application, and an application for a new smart ID card can also be started online before you leave Australia:

https://ehome.dha.gov.za/echannel

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On 06/01/2017 at 8:11 PM, Bonny said:

I am not a legal mind, but I would have thought he could simply visit SA on his Australian passport?

 

There is a legal requirement that if you enter or exit a country (specifically RSA) where you hold citizenship you have to do it on that passport. People on this forum have run into sticky spots about it. Sometimes it even means that you leave Australia on your Australian passport, enter RSA on your RSA passport, and then reverse for the trip home. This is also why it's sometimes a pain being a dual citizen, because you have to keep both passports up-to-date. When visiting other countries you can choose which passport you enter them on, you just have to leave on the same one.

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Thanks, the problem is that he no longer has a valid South African Passport as it had to be surrendered to them with the renunciation.

 

But in terms of SOUTH AFRICAN CITIZENSHIP ACT 88 of 1995

 

26B. Use of foreign citizenship
A major citizen who –
(a) enters the Republic or departs from the Republic making use of the passport of another country; or
(b) while in the Republic, makes use of his or her citizenship or nationality of another country in order to gain an advantage or avoid a responsibility or duty,
is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months.

 

Only applies to Adults

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We only officially renounced our RSA citizenship a year ago. We have been citizens of New Zealand for 20 years and dual with Australia for 8 years. I twice entered and left RSA on my NZ passport and once on my Australian passport. My sons have gone to RSa multiple times on their foreign passports. None of us have ever even raised an eyebrow at RSA customs upon entering and leaving. Not saying it cannot happen, just saying they are pretty lax with it.

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When you, as an South African citizen, apply for Australian citizenship only, the South African Home Affairs is not informed that you are no longer a citizen of South Africa. This has the potential to become a issue when visiting South Africa.

Lately there has been situations where persons with Australian passports were confronted in South African airports and were prevented from leaving. The issue it appears is that the country of birth in your Aus passport is stated as South Africa, so they want to see your RSA passport.

To prevent the likelihood of this happening to you:

Visit the South African High Commission's website.

1. Obtain/download Forms BI-529 and BI-829 from the High Commission in Canberra. (sorry no online application/s) and complete them

2. Make copies of your RSA passport and your Aus ciizenship certifcate and get them certified (chemist)

3. Get a prepaid envelope form the post office. Enter your address

4. Get a $10 money order (per application) from the post office

5. Make copies of all the above

6. Send to Canberra (In about 3 months, if you are lucky) you will receive a letter (in the self addressed envelope), that Home Affairs (in RSA) have updated their records, and you are no longer a South African citizen.Take this letter with you when visiting South Africa. You do retain your South African PR

Please note that the above is not applicable to dual citizens.

 

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He can. The above to prevent possible issues in South Africa when visiting.

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I am not a legal mind, but I would have thought he could simply visit SA on his Australian passport?

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