Visiting RSA, citizenship not renounced

[beval2011]

Hi all, i need to visit RSA for a family matter.  I have my Aus passport and citizenship (not dual citizen) but still need to do the renunciation process - any idea how long it takes? Would i pick up any problems if im on an Aus passport but renunciation isnt finalised? Also, we havent completed a financial emigration - can this be done after a citizenship renunciation?  TIA

[Jordy]

Was just looking into this myself. The answer I settled with is that if you have applied for renunciation but it has not yet been granted, then you are still a South African citizen and must enter RSA on a South African passport.  People will tell you that they just entered on their Australian passports and RSA passport control didnt do anything but the advice I received it is purely dependent on the Passport officer you get. some may let you through without asking but some may not.  My research also showed it depends on whether or not you have previously re-entered South Africa using a South African passport. Those who just went through had never used a South African passport to reenter previously. But in my case I have been back 3 times on a RSA passport. I am sure I am in their system and will be stopped. 

 

Although when I reread your question, you say you are not a dual citizen. I assume this is because you had not applied for retention when you became an Aus citizen and therefore automatically forfeited RSA citizenship.  The problem is that there is no record of this on the RSA passport control system (how would the computer know what you did overseas) and so according to their records you may still be a citizen. I would think you could apply for a determination of citizenship which may say you forfeited it but how long that takes I do not know.  either way expect hassle from Passport control if you dont have a piece of paper. 

 

As far as I know renunciation does not require a tax clearance certificate and can therefore be done without formally emigrating.  But I am open to correction. 

[Rhyss]

I believe that in order to renounce your SA citizenship you will need to prove that you have acquired foreign citizenship otherwise if you have not acquired another citizenship you will be stateless. I'm not sure exactly what you need to provide with the renunciation but I'm sure it will be certified copy of your Aus citizenship certificate.

 

If you are over the age of 18 and have acquired Aus citizenship by voluntary and formal act, i.e. naturalised Aus citizen then there's always the option to contact SA Consulate in Canberra and complete the Determination of Citizenship form (form BI-529). From this form they will see that you have acquired foreign citizenship without the retention letter and you will automatically lose your SA citizenship, back dated to the day that you acquired Aus citizenship.   They will issue you with a letter stating such and this will cover you when entering/departing SA on your foreign passport.

[Mara]

@Rhyss we have renounced our RSA citizenship, and it was just a form that we had to complete, we did not have to attach any certificates. We were asked on the form however, whether we had attained the citizenship of any other country.

 

I also feel you are correct, in that you cannot renounce it until you have obtained the citizenship of another country, as yes, then you would be stateless!

[beval2011]

On 17 August 2017 at 8:58 PM, Jordy said:

Was just looking into this myself. The answer I settled with is that if you have applied for renunciation but it has not yet been granted, then you are still a South African citizen and must enter RSA on a South African passport.  People will tell you that they just entered on their Australian passports and RSA passport control didnt do anything but the advice I received it is purely dependent on the Passport officer you get. some may let you through without asking but some may not.  My research also showed it depends on whether or not you have previously re-entered South Africa using a South African passport. Those who just went through had never used a South African passport to reenter previously. But in my case I have been back 3 times on a RSA passport. I am sure I am in their system and will be stopped. 

 

Although when I reread your question, you say you are not a dual citizen. I assume this is because you had not applied for retention when you became an Aus citizen and therefore automatically forfeited RSA citizenship.  The problem is that there is no record of this on the RSA passport control system (how would the computer know what you did overseas) and so according to their records you may still be a citizen. I would think you could apply for a determination of citizenship which may say you forfeited it but how long that takes I do not know.  either way expect hassle from Passport control if you dont have a piece of paper. 

 

As far as I know renunciation does not require a tax clearance certificate and can therefore be done without formally emigrating.  But I am open to correction. 

 

Thanks for the reply Jordy; yes we did not want dual citizenship. I do notice on the Renunciation Form that one is required to return your passport and ID book with the form ... So then it would mean you only have your Aus passport to use, which makes sense. I think I'll make a copy of the firm and get them to stamp it when i hand it in, and then I have that to carry with me. Cheers

Edited August 19, 2017 by beval2011

[Mara]

@beval2011 we were asked the same thing on our form, however, my sister took the forms back to RSA and presented them at their office... they did not even ask for anything else. We still have our passports and ID books. Only reason for keeping them, is that I have done a number of files of family history, and they are now contained in there.

[beval2011]

Thanks Mara, i must admit I'm not keen handing the stuff back - one never knows if it will be properly destroyed or re-cycled for someone else to use 😂