Citizenship South Africa

South African Citizenship Visa

SA Migration 28-07-2022

Citizenship Options

• South African Citizen by Descent
• South African Citizen by Naturalisation:
• Automatic loss of Citizenship
• Resumption of South African citizenship
• Deprivation of Citizenship

• South African Citizen by Naturalisation:
• Automatic loss of Citizenship
• Resumption of South African citizenship
• Acquisition of the citizenship or nationality of another country

South African Citizen by Descent:

Anybody who was born outside of South Africa to a South African citizen. His or her birth has to be registered in line with the births and deaths registration act 51 of 1992.

South African Citizen by Naturalisation:

Permanent Resident holders of 5 or more years can apply for citizenship. Anybody married to a South African citizen qualifies for naturalisation, two years after receiving his or her permanent residence at the time of marriage.
A child under 21 who has permanent residence Visa qualifies for naturalization immediately after the Visa is issued.

Automatic loss of Citizenship.

This occurs when a South African citizen:

Obtains citizenship of another country by a voluntary and formal act, other than marriage, or;
Serves in the armed forces of another country, where he or she is also a citizen, while is at war with South Africa.

Deprivation of Citizenship:

A South African citizen by naturalization can be deprived of his citizenship if;

The certificate of naturalisation was obtained fraudulently or false information was supplied.
He or she holds the citizenship of another country and has, at any time, been sentenced to 12 months imprisonment in any country for an offence that also would have been an offence in South Africa.

 

Acquisition of the citizenship or nationality of another country

Any person who wants to apply for citizenship in another country must apply to the Minister of Home Affairs to retain his or her South African citizenship before acquiring the citizenship of the other country.

Resumption of South African citizenship:

Any former citizen by birth or descent who:

1. Gave up his or her South African citizenship, or
2. Automatically ceased to be a South African citizen;

can apply for the reinstatement of his/her South African citizenship. However this person must return permanently to South Africa.

 

South African Citizenship by Descent

The following persons are South African citizens by descent:

• Persons born outside South Africa of whom one of his or her parents was a South African citizen at the time of his or her birth and whose births are registered.
• Persons born outside South Africa, adopted by a South African citizen, and whose birth is registered.
• Any person in Namibia on or after March 21, 1990 whose mother or father was a South African citizen at the time of the birth of the child.
• Adopted child whose responsible parent was issued with a certificate of resumption of citizenship and has entered South Africa for permanent residence while he or she was a minor and whose birth was registered within a year after the certificate of resumption was issued.

South African Citizenship by Birth

The following persons are South African citizens by birth:

• Persons born in South Africa before October 6, 1995.
• Persons born in or out of wedlock on or after October 6, 1995 if one of his or her parents is either a South African citizen or a permanent resident. For those born before October 6, 1995 the mother of the child must have been a South African citizen at the time of the birth of the child.
• Persons born in South Africa, adopted by parents of which one parent is a South African citizen and whose birth is registered.
• Persons born in South Africa, not having the nationality of any other country and whose birth is registered.
• Person born outside South Africa and whose parents were at the birth of the child in the service of the South African Government, representative, employee of a person, association of person resident, established in South Africa, was in the service of international organization to which the Government of South Africa is a member.

Registrations under this category are normally filed in South Africa and nearest offices of the Department of Home Affairs can be contacted in this regard.

 

REQUIREMENTS ON CITIZENSHIP APPLICATIONS

The South African Citizenship Act, 1995 (Act 88 of 1995) was amended by the South African Citizenship Amendment Act, 2010 (Act No. 17 of 2010) which came into operation on 1 January 2013. It brought in updated requirements in areas of different applications around Citizenship:

NATURALISATION APPLICATIONS

Applications for naturalisation may only be received by the office if the applicant has been on a Permanent Residence Permit for a period of ten (10) years from the date of obtaining Permanent Residence (PR) in the Republic of South Africa. No application may be received by the office if the applicant has less than the prescribed ten (10) year period.
All applicants who wish to apply and are eligible to apply for naturalisation must be informed that the process for application will only begin when verification of Permanent Residence Permit has been confirmed by Immigration Services (IMS) through a written and signed letter of proof or PR to be attached to the application. This will require offices where such applications are received to first send verification of PR requests to IMS before receiving an application for naturalisation. Within the same period submit a request to SAPS for a Police Criminal Record check and confirmation to be attached. (SAPS record must be six months valid).
Applicants must be informed that they must obtain Police Clearance and a letter of acceptance of dual citizenship from country of citizenship (or origin) to be attached to the application for naturalisation.
Applications for naturalisation must be forwarded to the Head Office Citizenship Section within five (5) working days from date of receiving a fully compliant application by the Front Office.
Applications must be put on Track and Trace 035 reflecting every stage of the process update without fail.
All applications for naturalisation must have a PR identity number with a copy of ID submitted, before they can be received by the Front Office as applications for naturalisation.
Proof of language proficiency must be attached with application for naturalisation as well as the completed language test form.
Requirements for an application for naturalisation continue as they have been prescribed by the Citizenship Act.
It is compulsory to attend Induction to become a citizen of the Republic of South Africa
It is compulsory for all to attend the Naturalisation Ceremony and stand before a Judge in order to be granted citizenship in South Africa. Failure to attend would result in withdrawal or non-issuance of Certificate.

PLEASE NOTE - Applicants for naturalisation must be informed to constantly check their status of application or progress with the office of application as approved applications that require signing of “Declaration of Allegiance” will only be valid for a period of six (6) months from date of approval as appearing on 035. Any expired period of signing the “Declaration of Allegiance” will be considered as non-compliance. The application process would immediately lapse and an applicant for naturalisation would be required to lodge a new application.

​DETERMINATION OF CITIZENSHIP STATUS

An application for Determination of Citizenship must be forwarded to Head Office before any application is submitted. This is to ensure that a correct application is submitted by the applicant.
All applications for identity documents, passports and other services must be accepted following confirmation of citizenship status of the applicant by the Head Office.
All applications for Determination of Citizenship Status must be fully completed in order to comply with the time for the determination of citizenship status.

REQUIREMENTS

DHA -175 (application form)
DHA -529 (applicant form)
Proof of continuous residence 1 year prior to application
RSA Police report valid for six (6) months from the date of issue
Police clearance from country or countries of present nationalities
Letter confirming acceptance of dual nationality
Proof of payment (R300.00) as per regulated by the National Treasury
All supporting documents must be attached to enable easy reference to an application. All offices, including embassies, must ensure that office stamps and sign off are adequately done on each application submitted.

​FOREIGN BIRTH REGISTRATION

All births registered by the Department are in terms of the Births and Deaths Registration Act. There is no exclusion or separate requirements for foreign birth registrations.
Supporting documents must be attached to an application as prescribed in the Births and Deaths Registration Act. Only complete applications with required supporting documents will be accepted and processed for Foreign Birth Registration.
Offices must ensure that parents/grandparents birth certificates are attached with every application submitted. Without these no application will be processed.
​

REQUIREMENTS:

Application form Notice of Birth (DHA 24)
DHA 529 (applicant, parents duly fully completed)
Full birth certificate of the applicant
Front office Verify birth certificate of the applicant’s age from 15years and above with the country of origin (embassy)
Marriage certificate if the parents are married or both parents must acknowledge paternity.
Proof of birth / citizenship of the South African parent
Police report from country of origin as well as one from RSA (15 years and above)
An interview report for both the applicant and the South African parent (15 years and above)
Proof of Paternity / DNA tests (15 years and above)

www.samigration.com

 

 

 

Motsoaledi: ANC proposes sweeping changes to key policies on migration laws

News 24 – 28 July 2022

 

The proposals are detailed in the party's discussion documents ahead of the policy conference later in the week.

Aaron Motsoaledi said the establishment of an immigration board was high up on the list. 

JOHANNESBURG - The African National Congress (ANC)'s Aaron Motsoaledi said the party had proposed sweeping changes to key policies on immigration laws.

The proposals are detailed in the party's discussion documents ahead of the policy conference later in the week.

Motsoaledi led a dialogue on migration at Luthuli House in Johannesburg on Tuesday.

The ANC has again raised concerns about threats to domestic, regional, and international peace and stability.

These include geopolitical tensions, climate change, cybersecurity, inequality and migration.

The issue of migration and the country's porous borders remains a polarising debate.

Chairperson on the ANC subcommittee on migration Motsoaledi said the party's discussion documents made eight recommendations to tighten immigration policy, especially on intelligence and law enforcement.

Motsoaledi said the establishment of an immigration board was high up on the list: “This is not about policing. It's about doing the correct things at the beginning and interpreting the laws correctly.”

Other policy recommendations include reviewing and streamlining the country's visa system, as well as tightening citizenship laws.

www.samigration.com

 

 

 

Brothers linked to trafficking of 39 Mozambicans get jail terms for being in SA illegally

News 24 – 28 July 2022

 

Co-accused, Mozambican brothers Carlos Bernardo Guambe, 34, and Gabriele Bernardo Guambe, 32, were arrested a month ago and are linked to the alleged human trafficking.

• Two brothers have been given three-month sentences for contravention of the Immigration Act. 
• Carlos Bernardo Guambe and Gabriel Bernardo Guambe pleaded guilty to being in the country illegally. 
• The two are serving their sentence as they await their trial for their alleged involvement in human trafficking.

Two brothers who were allegedly caught trafficking Mozambicans into South Africa in June have been sentenced to three months imprisonment for being in the country illegally.

Carlos Bernardo Guambe, 34, and Gabriel Bernardo Guambe, both from Mozambique, were arrested in June for a human trafficking operation at a farm in Dullstroom, Mpumalanga, where 39 people - including seven women, nine children under the age of five, and 23 men - were rescued.

The brothers were charged with trafficking, and were then discovered to be in the country illegally. Additional charges of contravening the Immigration Act were then added.  

The brothers, who had previously abandoned their bail application for the alleged involvement in the human trafficking operation, appeared in the Belfast Magistrate's Court on Friday.

Mpumalanga Hawks spokesperson Captain Dineo Lucy Sekgotodi said the two were found guilty and each sentenced to three months imprisonment or a R5 000 fine.

She said they were serving their sentences alongside the 60-year-old Cornelis Johannes Uys and his son Cornelis Johannes Albertus Uys - their co-accused who are still awaiting their bail hearing.

While the two brothers were arrested in June, the father and son were only arrested in the following months.

She added:

When the Uys', who face charges of contravening the Trafficking in Persons Act [and] participating or conspiring to trafficking in persons, appeared before the Belfast Magistrate's Court on Monday for bail, they were remanded in custody and the case was postponed to 27 July 2022 for further bail hearing.

The modus operandi

According to Sekgotodi, the 39 victims were recruited from Mozambique and brought to South Africa in a taxi for job opportunities.

She said they had been transported from Mozambique to the South African border in a taxi. They then had to cross a river into South Africa, and were then taken by the taxi to Lydenburg in Mpumalanga. 

Cornelis and one of the brothers allegedly met with the taxi driver and paid him money in exchange for the victims, who were then taken to their farm for labour, said Sekgotodi.

She said they were rescued from a farm in Dullstrom by members of the Mbombela-based Hawks’ Serious Organised Crime Investigation, Flying Squad, and the departments of labour and home affairs. 

www.samigratiojn.com

 

New regulations make it tougher to hire foreign workers in South Africa – what you need to know

Businesstech - 28 July 2022

The Department of Employment and Labour (DEL) has published an annexure to South Africa’s immigration regulations, making sure that all work visa applications are vetted by the department first.

Labour and immigration experts at Cliffe Dekker Hofmeyr said that employers must ensure that they comply with new requirements to avoid any administrative delays in the processing of visa applications.

The new annexure clarifies “uncertainty” about the DEL’s involvement in the visa application process, now making it a critical step, said Cliffe Dekker Hofmeyr.

There is now a compulsory preliminary process to be followed before work visa applications are submitted to Visa Facilitation Services (VFS), which was not the case prior to the annexure.

Previously, an employer was required to register a vacancy with the DEL and had to interview all prospective candidates referred to them by the department. Under the new annexure, visa applications to fill the position must be submitted to the DEL for vetting.

The annexure deals with the following:

• A general work visa (GWV);
• A corporate visa;
• The renewal of an existing visa (to a GWV);
• The change of conditions or status of an existing visa (to a GWV);
• A permanent residence permit for foreigners who receive an offer of employment while in possession of a valid work visa.

According to Cliffe Dekker Hofmeyr, in terms of the preliminary process, the following steps must be taken by the client employer – and not the foreign worker – before a visa application is submitted to VFS:

• The employer must register the employment opportunity with the DEL by completing a registration form.
• After completing the employment opportunity form, the DEL will try to provide the employer with suitable candidates for placement. The client employer is required to inform the DEL whether any of its referred candidates have been employed.
• The visa application form must be completed and delivered to the relevant DEL provincial office, together with the respective supporting documents. When submitting the visa application, the client employer must also provide the DEL with its contact details and business address for purposes of future compliance audits.
• After the visa application is submitted to the DEL, a “visa finalisation notification” will be emailed to the employer after a recommendation certificate has been submitted by the DEL to the Department of Home Affairs (DHA).

In terms of the annexure, the DEL’s recommendation is not appealable, and an appeal can only be directed to the DHA, added Cliffe Dekker Hofmeyr.

Only after the employer receives the notification from the DEL it can submit the work visa application to the DHA. The turnaround time for the DEL to process a work visa is said to be 30 working days. However, the department currently faces a backlog.

Zero-tolerance stance

The DHA announced at a recent Xpatweb conference that it has the mandate to address immigration in South Africa. It urged employers to ensure that all expatriate staff are in possession of legally obtained and issued work visas.

The department’s approach has been necessitated by years of employers failing to comply with the provisions of the Immigration Act through the consistent employment of illegal foreigners without valid work visas, said Cliffe Dekker Hofmeyr.

Under the Immigration Act, employers are prohibited from employing illegal foreign nationals. The new zero-tolerance approach by the government means that employers who are found to have contravened the Immigration Act will be shown ‘no mercy’.

Cliffe Dekker Hofmeyr said that employers must make a good faith effort to ascertain the status or citizenship of any foreigners they intend to employ, not to contravene the Immigration Act.

This could be done by:

• Verifying the validity of prospective employees’ work visas, refugee or asylum permits through either the Department of Home Affairs or a third-party service provider such as the Managed Integrity Evaluation Services; or,
• Conducting an immigration audit of all current foreign employees.

An illegal foreign national under the Immigration Act is a foreigner whose status does not authorise them to be employed by a particular employer. Or any foreigners on terms, conditions and/or in any capacity other than the capacity provided for based on their status, said Cliffe Dekker Hofmeyr.

If an employer is in contravention of the act, it is guilty of an offence and liable to either a fine or imprisonment upon conviction, the firm said.

The DHA said it is currently working its way through businesses and arresting illegal ex-pats and relevant company representatives.

www.samigration.com

 

Massive visa fraud uncovered in South Africa: minister

Businesstech - 26 July 2022

 

Home affairs minister Aaron Motsoaledi says that a ministerial committee reviewing permits and visas in South Africa has uncovered deep-rooted corruption within his department when it comes to handling certain types of visas.

He said that insiders in the department had aided applicants in gaming the system, and had often directly flouted the country’s laws in issuing student and retirement visas to foreign nationals looking to enter the country.

In a column published by the City Press, Motsoaledi said he was compelled to launch the committee and investigation after high-profile cases involving foreign pastors showed that they had been in South Africa on false or invalid visas.

When the investigations started, he said, certain employees within the department pushed back and protested. This only pushed the department to dig deeper, he said.

What the committee found was that various forms of visa fraud were taking place, including:

• Home affairs officials creating fake users on internal systems
• Deliberate interference with visa processes and applications
• IDs were stolen to access the systems
• Both internal and external manipulation of  applications
• Processes were circumvented or ignored to issue visas and permits fraudulently

Motsoaledi said the fraud was particularly egregious when it came to issuing permanent resident permits (PRPs), which were in many cases awarded without applicants meeting the requirements. This includes the PRPs being awarded before the five years in the country requirement was up, or spousal approval with fake certificates.

There were also cases where previous applications had been flagged for fraud, but then approved the second time. Instead, these cases should have been handed over to authorities for further investigation, the minister said.

Worryingly, Motsoaledi noted that it wasn’t only department fraud that was allowing applications to slip through but also that applicants had learned to game the system. The minister highlighted a scheme called “forum shopping”, where applicants juggle various visas for five years so they can stay in the country and then apply for a PRP.

“One enters the country to visit. Suddenly, one applies for asylum or a work visa. One then applies for a waiver of their asylum status or a change to their work visa conditions as they have a life partner living in South Africa. And one then applies for a PRP after the five-year period has expired,” Motsoaledi said.

The minister also highlighted issues with applications for study visas, where courses or colleges are vague or unidentifiable, and retirement visas, where people are being granted access long before retirement age.

“There were instances in which applicants younger than 25 were approved to retire in South Africa. Retirement visas were then changed to other visa types,” he said.

The minister said that it has been recommended that an independent multidisciplinary task team of specialists and experts be set up to fully investigate all the anomalies, fraudulent applications, corrupt activities, systemic irregularities, and maladministration.

“This is because, clearly, there will be a need for criminal prosecution, departmental disciplinary action, removal of certain names from the country’s databases, system improvement, recalling of visas and the tracing of offending foreign nationals for deportation,” he said.

Other prominent recommendations include the review of legislation and regulations that have gaps that enable some of these activities to occur, and that the technology be reviewed to make it impossible for these activities to occur.

www.samigration.com