1. Introduction: What Is Dual Citizenship in South Africa?
Dual citizenship allows a person to be a citizen of more than one country simultaneously. In South Africa, dual citizenship is permitted, but there are specific rules and procedures that South African citizens must follow to maintain their South African citizenship while acquiring another nationality. This guide covers the eligibility criteria, application process, and important rules surrounding dual citizenship in South Africa.
2. Can South Africans Hold Dual Citizenship?
Yes, South Africans are allowed to hold dual citizenship, but with restrictions. South African citizens must apply for permission to retain their South African citizenship before acquiring citizenship in another country. If they do not apply for this retention, they may lose their South African citizenship upon acquiring a foreign nationality.
3. Eligibility Requirements for Dual Citizenship
To qualify for dual citizenship, a South African citizen must:
- Be 18 years or older: Minors do not need permission to retain their citizenship.
- Have No Criminal Convictions: Applicants may be disqualified if they have significant criminal convictions.
- Apply for Retention of Citizenship: South Africans must apply for retention of their citizenship before acquiring foreign citizenship.
4. Importance of Applying for Retention of South African Citizenship
If a South African citizen acquires another nationality without first obtaining permission for retention, they will automatically lose their South African citizenship. This rule applies only to South African citizens by birth or descent, not naturalized citizens. Retention ensures that South Africans can enjoy dual citizenship without risking the loss of their home nationality.
5. Steps to Apply for Retention of South African Citizenship
The application process for retaining South African citizenship involves the following steps:
- Complete Form BI-1664: This form, known as the “Application for Retention of South African Citizenship,” is available from the Department of Home Affairs (DHA) or South African embassies/consulates abroad.
- Submit Supporting Documents: Required documents typically include your passport, ID book, proof of South African citizenship, and information about the other nationality you intend to acquire.
- Submit to the Department of Home Affairs or South African Embassy: You can submit the application at a DHA office in South Africa or at a South African consulate/embassy if you’re abroad.
- Receive Certificate of Retention: If approved, you will receive a certificate allowing you to hold dual citizenship.
6. Required Documents for Retention of Citizenship Application
The following documents are usually required when applying for retention of South African citizenship:
- Completed Application Form (BI-1664): The main application form for retention.
- Passport and ID: A copy of your South African passport and identity book/card.
- Proof of Citizenship: Any documents showing your South African citizenship, such as a birth certificate.
- Proof of Intent to Acquire Foreign Citizenship: A document from the foreign country (like a naturalization form) showing your intent to acquire its citizenship.
7. Dual Citizenship for Minors
Minors are allowed to hold dual citizenship without needing permission. However, once they turn 18, they must apply for retention of their South African citizenship if they wish to keep both citizenships when acquiring another nationality.
8. Traveling on Dual Passports
South African law requires dual citizens to enter and exit South Africa using their South African passport. Dual citizens must not use their foreign passport to enter or leave the country, as this is against South African law.
- Entering South Africa: Always present your South African passport when entering.
- Exiting South Africa: Use your South African passport when leaving. You may switch to your other passport for the remainder of your travels after departure.
9. Acquiring a Second Passport as a Dual Citizen
Dual citizens who hold a Certificate of Retention may apply for a second passport from the other country, allowing them to travel freely between both countries. However, they must still follow the passport rules of each nation, especially when entering or exiting South Africa.
10. Dual Citizenship Rules for South African Naturalized Citizens
If you are a South African citizen by naturalization, you cannot retain South African citizenship if you acquire another nationality. South African naturalized citizens will automatically lose their South African citizenship if they gain citizenship of another country.
11. Consequences of Losing South African Citizenship
If you lose your South African citizenship, it’s important to understand the implications:
- No Longer a Citizen by Birth: You cannot automatically regain citizenship, but you may apply for a Permanent Residence Permit if you want to live in South Africa again.
- Applying for Citizenship Again: To become a citizen again, you must go through the naturalization process, which can take several years.
12. Reapplying for South African Citizenship
If you have lost your South African citizenship, you may apply to regain it. The process is generally more complicated and may take several years. Alternatively, you can apply for permanent residence if you wish to reside in South Africa.
13. Rights and Responsibilities of Dual Citizens in South Africa
As a dual citizen, you maintain certain rights and responsibilities under South African law:
- Voting Rights: Dual citizens retain the right to vote in South Africa if they are registered voters.
- Military Service: If the other country of citizenship requires military service, check with South African authorities to ensure compliance with both countries’ obligations.
- Paying Taxes: You must comply with South African tax laws and may also have tax obligations in the other country. A tax professional can help ensure compliance with both countries.
14. Frequently Asked Questions
- Do I need to apply for retention if I was born in South Africa and have already obtained another nationality? Yes, if you acquire a new nationality after birth and want to retain your South African citizenship, you need to apply for retention beforehand.
- Can I regain South African citizenship after losing it? Yes, you may apply to regain citizenship, but it is a lengthy process and may not always be guaranteed.
- What happens if I forget to use my South African passport when entering South Africa? It’s recommended to always use your South African passport, as penalties may apply if you do not.
15. Conclusion
South Africa’s dual citizenship laws allow South African citizens to enjoy the benefits of being a dual national while maintaining strong ties to their home country. By following the proper procedures to retain South African citizenship, you can legally acquire a foreign nationality and enjoy the freedoms and advantages of dual citizenship. With this guide, you’ll be better equipped to navigate the dual citizenship process and make informed decisions about your nationality.