How to check if you qualify for SA citizenship by descent

Anyone with a legally sound association to South Africa can qualify for SA citizenship by descent. This is according to the amended South African Citizenship Amendment Act No. 17 of 2010.

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You can think of it like this, SA citizenship by naturalisation is not a legal right, it can be granted or refused by the Department of Home Affairs (DHA). However, if you qualify for SA citizenship by descent, that is a legal right to anyone who can prove the facts of their birth and parentage.

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QUALIFY FOR SA CITIZENSHIP BY DESCENT

As stated on the Department of Home Affairs (DHA) website, South African citizenship by descent says a child follows the citizenship or nationality of his or her parents. “If one parent is a South African citizen, the child will be a citizen by birth.”

The following candidates are eligible:

• Anyone born outside of South Africa can claim citizenship by descent if one of their parents was a South African citizen at the time of their registered birth.
• If you were born outside of South Africa and adopted by a South African citizen, you can claim citizenship if your birth was registered.
• Anyone born in Namibia after March 21, 1990, whose mother or father was a South African citizen at the time of their birth.
• Adopted children with a parent who received a certificate of resumption of citizenship and entered South Africa for permanent residency while they were minors and whose birth was registered within a year of the certificate of resumption.

REQUIRED DOCUMENTS

• A completed application form (BI-24) Notice of Birth form.
• An unabridged birth certificate.
• Original and valid passports of the applicant and their parent(s).
• South African parent’s original birth certificate, identity document, or passport.
• Marriage certificate of parents (if applicable).
• Proof of payment of the application fee.

WHAT’S THE COST OF APPLYING FOR SA CITIZENSHIP?

• To apply for South African citizenship by descent currently costs R1 330 (subject to change).
• Additional fees may apply for services such as DNA testing or legal advice from immigration specialist (refer to the bottom of this article for contact details).
• The processing time for citizenship by descent applications can vary and may take several months. In some cases, we’ve heard it can take more than a year.

THE PROCESS OF CONFIRMING YOUR SA CITIZENSHIP

Once you’ve compiled all the relevant documents (and copies), you can submit your application. This must be done at the nearest South African Department of Home Affairs (DHA) branch. If and when it is approved, you’ll be invited to attend a citizenship ceremony to take an oath of allegiance to South Africa and receive your citizenship certificate. From there you are able to apply for a South African passport.

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This article is for informational purposes only and should not be construed as immigration or legal advice. For detailed advice on individual cases we recommend getting in touch with Lawyers for Human Rights. You can call their immigration hotline on 0800 079 614 or WhatsApp them on +27 817 168791.