Clarification on South Africa’s citizenship-by-descent law
Eligibility to South Africa’s citizenship-by-descent ruling is in the spotlight after the latest in the Chidimma Adetshina investigation. As reported by The South African, Adetshina’s mother is accused of fraudulently acquiring a South African identification document. And if the prima facie evidence proves correct, it’s understood her daughter’s citizenship is fraudulent, too.
SOUTH AFRICA’S CITIZENSHIP BY DESCENT
So, how does South Africa’s citizenship by descent work and who is eligible? According to the amended South African Citizenship Amendment Act No. 17 of 2010, anyone with a ‘sound association’ to South Africa is legally eligible for citizenship by descent. Unlike citizenship by naturalisation, it’s not open to interpretation by the Department of Home Affairs (DHA).
South Africa’s citizenship by descent is based on facts of birth and parentage. This is why local authorities are steadfast in their pursuit of Adetshina’s mother’s alleged identity theft. Because if the identity of the parent is fraudulent, the rest of the citizenship by descent rule falls down spectacularly.
HOW DOES ELIGIBILITY WORK?
Simply put, the DHA says South Africa’s citizenship by descent recognises that, “A child follows the citizenship or nationality of his or her parents.” Therefore, if one parent is a South African citizen, the child will be a citizen, too.
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.
- Anyone born in Namibia after March 21, 1990, whose mother or father was a South African citizen at the time of their registered birth.
WHAT ARE THE REQUIRED DOCUMENTS?
- Permanent residents who wish to explore South Africa’s citizenship by descent rule must complete a (BI-24) Notice of Birth form.
- Supply the DHA with an unabridged birth certificate.
- Produce the original and valid passports of their parent(s).
- Share their South African parents’ original birth certificates, identity documents, and/or passports.
- The marriage certificate of their parents.
HOW DOES THE PROCESS WORK?
- To apply for South African citizenship by descent costs R1 330 (subject to change).
- Additional fees for DNA testing and/or legal advice from immigration specialists (refer to the bottom of this article for contact details) may be incurred.
- The processing time for citizenship by descent applications may take several months to years even.
- Once all the relevant documents and certified copies are gathered, submit an application to the nearest South African Department of Home Affairs (DHA) branch.
- If and when approved, invitees attend a citizenship ceremony to take an oath of allegiance to South Africa and receive their citizenship certificate. Citizens are entitled to a South African passport.
DO YOU THINK THE LAW SHOULD BE STRICTER?
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Note that 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.