URGENT PSE!

[emilleinoz]

Hi all

 

I am leaving for SA in 3 weeks with my minor child.  We attained Australian citizenship.  I understand that if you don't apply to retain your SA citizenship then you lose it.  We haven't applied to retain it, so strictly speaking we are no longer SA citizens.  However kids don't lose their citizenship!  We don't have time to apply for passports (well strictly speaking I shouldn't be able to). 

 

My questions are:

 

1) In understand from some of the legislation quoted on here that (1) only citizens (majors)  over the age of 18 must travel in and out of SA on a SA passport.  I have searched the internet and I cannot find the quote on the Home Affairs website nor the actual section in the Act/Regulations that say this.  Can you direct me to an 'official site' in this regard. 

2) Also where is an official reference (apart from the high commission reference on their site) that one loses your citizenship if you accept Aussie citizenship.

 

I phoned the high commission today and they advised:

 

1) I should print out the section of the Act where it say only major applicants (over 18) must travel on SA passport - to show to border patrol if they ask (she agreed I lost my citizenship but said it wont be on the SA system)

2) She suggested we apply for our 'proof of citizship for us and renunciation for my child, and the embassy will send me an email 'saying I have applied'.  Again to show border control

 

 

 

Any thoughts, experiences, advice Please I am desperate!

 

e

[emilleinoz]

Hi Mara

 

Yes I know its a difficult question and there was earlier discussions on it but it was quite inconclusive, and everybody's situation is slightly different.  I just meant in the years before we came and after (around 2008) this forum was very busy with lots of people emigrating. 

 

Last night I got a reply from the Department of Home Affairs, who appears to be much more clued up now that they have been modernised:

 

Dear Emille

Re: Request for clarification: dual citizenship / enter country with foreign passport (Urgent pse)

Thank you for writing to the Department of Home Affairs Contact Centre.

Kindly be advised that the child may travel on his Australian passport.

 

For further clarity, please reply to this email or contact our Contact Centre on 0800 60 11 90 or +2712 406 2500 if outside RSA.

 

Kind regards,

 

I hope my research  will help other people - I will feedback after Ive gone to SA, as that is another thing lacking, people don't feedback.

[emilleinoz]

Where are the days that i would post on this forum and get loads of replies?!

 

Anyway after 8 hours of research i have come to the following:

 

The citizen amendment act changed section 9 of the citizenship act in that it included a requirement that if you are a major dual citizen (ie older than 18), then you have to enter on a sa passport. This does not apply to dual citizens younger than 18.

 

Those who became non citizens by getting aussie citizenship and not applying to retain rsa citizenship, are only aussie citizens legally speaking.

 

However there is another step renounciation of rsa citizenship. Im not sure however if this is required in order to lose your rsa citizenship. The canberra website is contradictory in that it states that if you accepted voluntarily another citizenship, 'then you dont need to apply for renounciation as you have lost your citizenship'. 

 

What i dont get is you have to send your rsa passport as part of the renounciation - so with a 6 month processing time how are you supposed to travel!  That makes me think its more of an admin process?

 

Also if we enter with rsa passports then strictly speaking we may be illegal as our citizenship 'supposedly outomatically cancelled', however the rsa system doesn't know you lost your rsa citizenship, hence the ronunciation process. If we enter on aussie passports without renouncing rsa citizenship then there may be questions in relation to 'no letter' confirming loss of citizenship. Therefore i will take the printouts of the act talking about losing citizenship when you accept aussie citizenship. And a copy of the canberra website saying no application for ronunciation is necessary.😎

 

This is a typical example of the more you know the more confused you get. And by now i think i probably know more than embassy staff and possibly customs, which is also an issue! I have read the act itself but they are confusing with all the amendments.

 

The dubai consulate website appears to be the easiest. And home affairs website also say if youre older than 18 you must travel on rsa passport

 

Edited September 4, 2017 by emilleinoz

[emilleinoz]

what confuse me further is this - I read it if I accepted Aussie citizenship volunteerily after age 18 then I don't have to renounce:

 

On High Commision

 

https://www.sahc.org.au/citizenship/Renunciation.htm

 

 

South African citizens who have voluntarily obtained the citizenship of another country after their eighteenth (18th) birthday, without applying and receiving permission to retain their South African citizenship prior to when they obtained their other citizenship, have automatically lost their South African Citizenship from the date they obtained the citizenship of the other country. Such persons consequently need not apply for renunciation.

[Mara]

@emilleinoz sorry you are disappointed in not getting an answer sooner... however... your question is quite an exceptional one.. so it is quite possible that nobody really had a good answer for you.

[Husky]

Thanks for sharing the info @emilleinoz

We only move to Oz at the end of the year, but good to know for the future. 

[RedPanda]

I read this too, but since I'm not an Aussie citizen and I don't have kids, I couldn't add anything useful. Seems like you got the best answer yourself, after all  

Thanks for sharing it back to us.

Edited September 5, 2017 by RedPanda