Who is ELIGIBLE for South African citizenship?

After our story last month on applying for a Smart ID card, we have been inundated with messages to clarify who is and who is not eligible for South African citizenship. Of course, there are hundreds of permutations to immigration, each with their own exceptions.

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Not all of them are straightforward and in unique instances you may have to refer to a lawyer for advice. We’ve listed helpful contact details at the end of this story for Lawyers for Human Rights who can assist you. But these are the THREE ways you can be eligible for SA citizenship.

WHO IS ELIGIBLE FOR SOUTH AFRICAN CITIZENSHIP?

According to the Western Cape Government website, which quotes the SA Citizenship Amendment Act 2010 that came into operation on 1 January 2013, there are three ways you can be eligible for South African citizenship. These are by birth, descent and naturalisation.

ELIGIBLE BY BIRTH

The following applies if:

• You were born in South Africa before 6 October 1995.

If you were born in South Africa AFTER 6 October 1995, the following must ALSO apply for you to be eligible for South African citizenship:

• One of your parents must be a South African citizen or have held a South African permanent residence permit at the time of your birth.
• You must be adopted by a South African citizen.
• Or adopted by someone who holds a South African permanent residence permit and your birth was registered within 30 days.

ELIGIBLE BY DESCENT

To be eligible for South African citizenship by descent, the following must apply:

• You can be born outside of South Africa, but one of your parents must be a South African citizen.
• If you were adopted by a South African citizen, and your birth was registered within 30 days, you will be eligible for South African citizenship.

We will compile a story shortly on how to apply for South African citizenship by descent, but for now you can refer to the highlighted link above for further information .

ELIGIBLE BY NATURALISATION

This topic is far trickier than you might imagine. And made harder still due to inefficiencies by the Department of Home Affairs (DHA) in dealing with applicants. But the law states you can apply for SA citizenship through naturalisation in the following instances:

• If you have held a permanent residence permit for at least five years.
• If you have married a South African, or you are a minor under 21 years with a permanent residence.

Similarly, we are in the process of compiling a story on how to apply for South African citizenship by naturalisation. However, for now, you can refer to the following link for details.

RIGHTS OF SOUTH AFRICAN CITIZENS

South African citizens have the right to:

• Vote.
• Be issued with a South African passport.
• Come into South Africa after living somewhere else.

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This article is for informational purposes only and should not be construed as immigration or legal advice. For further details on particular cases we recommend getting in touch with Lawyers for Human Rights. You can call their immigration hotline on 0800079614 or WhatsApp them on +27817168791.

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