Entry/Exit to SA - dual citizenship for children

[mloio]

Hi

We're needing to travel to SA, but my son's SA passport has expired (his other passport is still valid).

Now many people say you can only enter/exit SA on a SA passport if you're a SA citizen.

From from my reading of the regs, this only applies to "major" citizens ie. not "minors" and so children/non-adults can enter on foreign passports even if SA citizen.

And from the Home Affairs website: http://www.dha.gov.za/index.php/civic-services/travel-documents

General information about South African passports

A passport is a document issued by a national government for international travel and it certifies the identity and nationality of the holder.

Applicants should note that In terms of section 26 of the South African Citizenship Act, 1995, it is a punishable offence for a South African citizen of 18 years and older to leave or enter South Africa on a foreign passport.

BUT I'm still getting conflicting info from people, including a consulate official !

Can anyone verify the real situation on this issue?

Thanks very much

Mike

[SurferMan]

Yip, 

 

Another Jimmy Grant slips through...LOL

[elleneo]

For certifications try your local community centre, (the justice of the peace)they sit there for 1 or two hours per week as a volunteer service. Costs nothing, no donation required or expected.

 

passports, I recently flew back to SA for a week, on entering with my Aussie passport they asked me if I still have a South African passport...when I said not any more they stamped my aus passport with a 3 month visa and in I went.

 

I still have my SA passport ( it expires soon) but I am no longer a SA citizen as I became an Aussie without the whole notify me thing,so I am no longer a saffer I may not travel on an sa passport.

[SurferMan]

Im still not sure if its even worth filling in the BI-246 forms in DUPLICATE for EVERY child and sending it to Canberra. Looks like a total waste of time. 

[vaughanroe]

On 9/12/2015 at 9:07 AM, Jordy said:

According to South African law, a child under 18 cannot forfeit their South African citizenship if they apply for citizenship of another country without applying for retention of RSA citizenship. Whereas if an adult applies for foriegn citizenship without applying for retention of RSA citizenship then they automatically forfeit their RSA citizenship. So children automatically get dual citizenship.

Hi Folks,

 

SO here is my question...

 

I am an Australian Citizen (Proudly), and it looks like i might have to shoot back to SA in September for a week. Now when I did my Aus Citizenship, I did not contact the SA Embassy or any other agents acting on behalf of South Africa asking permission in any way shape or form, purposely.

 

By default then I am NOT a South African anymore?? And I can travel in and out of South Africa on my Kangaroo Card? (Aussie Passport)? OR do i need to take my SA Passport with me just in case?

 

My hope is that my SA Citizenship just slowly slips away into the great files of history really...

 

Please let me know?

[RedPanda]

Other guys will know for sure, but from what I've read and the trouble people go to to revoke their citizenship, I get the feeling that you will be on the system until you get yourself off. (Africa does not run on 'automatic', unless there is an undeclared buck to be made...)

[RYLC]

We left RSA on a "holiday" and didn't emigrate with forms etc. We got citizenship in Oz without any RSA paperwork or notification to revoke. We then visited RSA on Oz passports with no problems.   I don't even know where my expired RSA passport is.   Without an RSA ID number anywhere in your Oz documents, there is nothing to show where you originated or to link your two records. You're just another Ozzie on holiday.  Any problems and the Australian Embassy in RSA will help you out anyway. 

[Rhyss]

The issue of the retention letter has caused a lot of confusion and concern, especially for those who would like to retain their SA citizenship. The only way DHA will know that you have a foreign passport WITHOUT permission letter is of you volunteer the information and then you'll need to complete the "determination of citizenship" in order for the to determine if you have actually lost your SA citizenship.If you have the retention letter it is not a requirement to carry it on you but when renewing your SA passport or registering the birth of a child at a SA consulate you will most likely be asked if you have the retention letter. Normally at the same time that you're asked to complete the determination of citizenship form (it's form BI-529)

 

A word of advice. The last people you want to engage in a discussion about your citizenship is the DHA staff or Immigration staff at SA airport. If you're nipping in fora quick visit and you have a valid SA passport there is no reason why you will be asked questions. All they're interested in is that the passport is valid. If your SA passport has expired then the chances are excellent that you'll not be asked questions when entering on your Aussie passport. There have been stories about immigration officials looking at your place of birth as printed in your foreign passport and if it is very obvious like "Johannesburg" they may ask why you're not traveling on SA passport.  Tell them you're not South African, you just happened to be born in Johannesburg 

 

BTW, there's a Campaign and Face Book group trying to address the retention letter issues.It's worth supporting and signing their online petition. 

https://www.facebook.com/groups/717574321632874/

 

petition https://www.change.org/p/south-african-government-department-of-home-affairs-repeal-section-6-1-a-of-the-south-african-citizenship-act-act-88-of-1995

 

[elleneo]

Vaughan 

18 hours ago, vaughanroe said:

Hi Folks,

 

SO here is my question...

 

I am an Australian Citizen (Proudly), and it looks like i might have to shoot back to SA in September for a week. Now when I did my Aus Citizenship, I did not contact the SA Embassy or any other agents acting on behalf of South Africa asking permission in any way shape or form, purposely.

 

By default then I am NOT a South African anymore?? And I can travel in and out of South Africa on my Kangaroo Card? (Aussie Passport)? OR do i need to take my SA Passport with me just in case?

 

My hope is that my SA Citizenship just slowly slips away into the great files of history really...

 

Please let me know?

No...travel on your aus passport...holding a valid/unexpired sa passport doesn't make u a sa citizen..

 

mine was still valid when I went but I travelled on aus passport. They asked me if I have an sa passport and I said no, because it's too complicated to explain whole story to them. Travel on your Aus passport. You are Australian now.

[vaughanroe]

On 4/26/2016 at 6:16 AM, elleneo said:

Vaughan 

No...travel on your aus passport...holding a valid/unexpired sa passport doesn't make u a sa citizen..

 

mine was still valid when I went but I travelled on aus passport. They asked me if I have an sa passport and I said no, because it's too complicated to explain whole story to them. Travel on your Aus passport. You are Australian now.

HI Elleneo

 

Thank you for that advice.

 

I have since checked and my SA Passport is in fact expired anyway.

[SavLab]

Hi All

 

I have just returned from a 5 week holiday in SA. Like most people, when we got our Aus Citizenship we did not bother to complete any forms to maintain dual citizenship - we were quite happy to give up our SA Passports. My husband has been back to SA twice with his Aus passport without any issues. When we went this time, he would be travelling back to Aus alone with my daughter (12) as I had to return earlier. We printed the affidavit from Home Affairs website and got it stamped by a JP (not a notary as suggested on the form). I also JP'd a copy of my passport and he was able to leave the country without any issues. My daughter however had to travel on her SA passport into and out of SA. I have since completed the "Determination of Citizenship" forms for hubby and I as well as a renouncing citizenship form for my daughter. All this was mailed off to Canberra in early June and I have not had anything back from them so not sure how long that will take.

 

We all know what a mess DHA is so therefore it is understandable that they would not know anyone's citizenship status unless they were told. And then, even when the forms are completed I am not sure how they will relay that information to border control! I just want some letter from them stating I am no longer a citizen of SA to keep in my passport should the question ever be asked. I have heard some nightmare stories of how the border control staff abuse their power and take it out on some innocent people simply trying to enter the country on their new passports to visit family....

[ChrisH]

 

On 26/07/2016 at 6:08 AM, SavLab said:

All this was mailed off to Canberra in early June and I have not had anything back from them so not sure how long that will take.

 

Have you had any feedback on this @SavLab?

 

Something else that has just occurred to me is this, what if the childs godparents are in South Africa and something happens to me and my wife?  Will that child be allowed back into South Africa if the parents renounced his citizenship? 

[new2forum]

Good evening, just reviving an old thread. 

 

I acquired australian citizenship just before my 18th birthday and thus did not have to complete the retention letter. I have an australian passport as well. Both parents completed a retention letter. 

 

My sa passport is soon to expire in a few months. 

 

Instead of dealing with the embassy in canberra which can be daunting, what is the possibility of me renewing it in SA whilst on holiday?

 

if I have a month left on my sa passport and enter sa, will I be given a hard time by airport officials? I mean the passport is still valid right, just only close to expiry. 

 

Thanks 

[Tntaglia]

I tried to get an answer to this question a few months back - basically we were going on a LSD trip to Oz, and would have landed back in SA with 2 months left on our old passports; I was advised to rather get a new passport not for Oz but for SA. However this still feels unreasonable - if you're a citizen, SA has to let you in with a valid passport. So I don't think you'll have a problem. If you were in SA I would recommend that you apply for a new passport before you travel but given that you're travelling to SA I would just use the passport you have now.

[new2forum]

done and dusted with no issues at all!

they didnt question me about my SA passport being close to expiry!

 

landed in sa on 1/2/18.  (morning)

waited 5 hours in umgeni road home affairs in kzn on 2/2/2018. started queuing at 6am. got served at 11am. left the building at 12noon.

 

6 working days later i got an sms saying that my passport is ready for collection.

 

all in all, it was worth the experience. instead of dealing with those unhelpful %^&* workers at the consulate and waiting 6 months+!