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Chapter 2 - Citizenship

Sample of form for section 22, 24

Checklists

As an advice -giver you must be very careful when dealing with citizenship problems. If a mistake is made it may mean that a client's case is ruined and cannot be put right. You can help people to collect all the right proofs and documents but you should then refer the case to a Law Clinic, or public interest law firm. Remember to check a person's story as far as possible, in case they are using false documents to get citizenship illegally.

Ask the person the following questions:

  • Are you a South African trying to get a South African Identity Document (ID) or birth certificate?
  • Is there another reason, besides wanting ID or birth certificate, why you need to prove your right to South African citizenship?
  • Are you a South African who has lost your citizenship?
  • Are you a citizen of another country who wants to apply for South African citizenship?
  • Did the Department of Home Affairs give you a reason for refusing to issue you with an Identity Document or birth certificate?

If NO, ask Home Affairs to give you the reasons in writing.

  • Is Home Affairs saying there is a problem with your citizenship?

If NO: address the problem that Home Affairs has identified, probably a technical problem with the birth certificate or ID application process.

If YES:

  1. Were you born in South Africa?
  2. What date were you born?

Born in South Africa

Proof of birthplace and date

  1. Have you got a birth certificate?
  2. If you haven't got a birth certificate, can you find at least two or more of the following documents?
  • the record of your birth from the hospital or clinic where you were born
  • your baptismal certificate
  • clinic cards from when you were a baby
  • a letter from the chief in the area in which you were born
  • a letter from the owner of the farm where you were born
  • a letter from your mother's employer at the time of your birth
  • a letter from any midwife who helped your mother at the birth
  • affidavits from the people who helped your mother at the time of your birth
  • affidavits from your elder brothers or sisters who have got IDs and are recognised as South African citizens
  • your primary school records or a letter from the school principal
  • an old reference book or 'General Smuts pass' showing your citizenship as South African
  • a house permit on which your name is written, if your family lived in an urban area

Born in South Africa before 1949

You have a right to South African citizenship, no matter what your parents' status was. BUT the proof of the place and date of your birth must be very good. Affidavits from other people are not usually considered to be sufficient.

Born in South Africa between 1949 and June 1961

You will also have to prove your father's position at the time of your birth.

  1. Is your father a South African citizen?
  2. Can you prove this with his Identity Document?
  3. If he is not a South African citizen:
  • Does he have an ID showing him to be a permanent resident in South Africa?
  • Does he have a passport of the country he came from?

You will need to try to find proofs of his status at the time you were born. These might be:

  • old passports showing his registration in work or permission to be in South Africa
  • the record from TEBA showing that he was a contract worker on the mines
  • any other paper showing that he was working legally in South Africa at the time you were born

Born in South Africa after June 1961

  1. Was either your mother or your father a South African citizen at the time you were born?
  2. Can you prove this with her or his Identity Document?
  3. Was either your mother or your father a permanent resident at the time you were born?
  4. Can you prove this with her or his Identity Document, or permanent residence permit, or immigration permit in her or his passport?

Not born in South Africa

Proof of birthplace and date

  1. Have you got a birth certificate?
  2. If you haven't got a birth certificate, can you find at least two or more of the following documents?
  • the record of your birth from the hospital or clinic where you were born
  • your baptismal certificate
  • clinic cards from when you were a baby
  • a letter from the chief in the area in which you were born
  • a letter from the owner of the farm where you were born
  • a letter from your mother's employer at the time of your birth
  • a letter from any midwife who helped your mother at the birth
  • affidavits from the people who helped your mother at the time of your birth
  • affidavits from your elder brothers or sisters who have got IDs and are recognised as South African citizens
  • your primary school records or a letter from the school principal
  • an old reference book or 'General Smuts pass' showing your citizenship as South African
  • a house permit on which your name is written, if your family lived in an urban area

Born in South Africa before 1949

You have a right to South African citizenship, no matter what your parents' status was. BUT the proof of the place and date of your birth must be very good. Affidavits from other people are not usually considered to be sufficient.

Born in South Africa between 1949 and June 1961

You will also have to prove your father's position at the time of your birth.

  1. Is your father a South African citizen?
  2. Can you prove this with his Identity Document?
  3. If he is not a South African citizen:
    • Does he have an ID showing him to be a permanent resident in South Africa?
    • Does he have a passport of the country he came from?

You will need to try to find proofs of his status at the time you were born. These might be:

  • old passports showing his registration in work or permission to be in South Africa
  • the record from TEBA showing that he was a contract worker on the mines
  • any other paper showing that he was working legally in South Africa at the time you were born

Born in South Africa after June 1961

  1. Was either your mother or your father a South African citizen at the time you were born?
  2. Can you prove this with her or his Identity Document?
  3. Was either your mother or your father a permanent resident at the time you were born?
  4. Can you prove this with her or his Identity Document, or permanent residence permit, or immigration permit in her or his passport?

Not born in South Africa

Born of a South African parent

  1. Do you have proof of your birthplace and birth date? Need full unabridged birth certificate
  2. Was either your mother or your father a South African citizen at the time you were born?
  3. Can you prove this with her or his Identity Document?
  4. Did your parents register your birth with:
    • a South African embassy or consulate?
    • the Department of Home Affairs?
  5. Do you have proof that your parents registered your birth?

Neither parent South African

  1. Are you applying to become a South African citizen?
  2. Do you have proof of your birthplace and birth date?
  3. Are you over 21 years old?
  4. Do you have a permanent residence permit?
  5. Have you lived in South Africa for 5 years? When was this?
  6. If you are married, is your wife or husband a South African citizen? Can you prove this?
  7. If you are in a lifelong relationship with a South African citizen, can you prove this?
  8. Does your partner have proof of his or her South African citizenship? Do you have affidavits stating the nature of your relationship?
  9. Can you speak one of the South African official languages?
  10. Can you think of any reason why Home Affairs would believe you are not of good character?
  11. Did the Department of Home Affairs give you a reason for refusing to grant you South African citizenship?

If NO, ask Home Affairs to give you the reasons in writing.

Requirements for Permanent Residency

The main applicant is the relative of a citizen or resident within the first step of kinship

This service applies to a prospective permanent resident who wishes to apply for a permanent residence permit on the basis of being a family member of a South African citizen or permanent resident within the first step of Kinship. For the purpose of permanent residence, family members within the first step of kinship are prescribed as biological and judicially adopted children or adoptive parents and step-parents.

  • Fully completed application forms. (Immigrations Unlimited will assist you in the completing of these application forms)
  • Photographs: 2 x recent colour passport-type photographs
  • Passport: Valid original passport
  • Birth Certificate: Unabridged birth Certificate
  • Medical Report: Report must not be older than six (6) months
  • Radiological reports: All applicants 16 years and older (excl pregnant women)
  • Police clearance certificate: In respect of all countries of residence in excess of we months (Originals only) Only accepted if issued by the relevant police authority)
  • Marriage Certificate: Unabridged certificate. Proof of registration of customary marriage. Documentary proof of cohabitation & extent to which the related financial responsibilities are shared by the parties
  • Divorce Certificate: Divorce decree(s) or proof of legal separation and all relevant court orders regarding custody & maintenance of children and previous spouse(s) (Required irrespective of whether or not the applicant has since re-married)
  • Education: CV (Detailed curriculum vitae) - including Highest educational, trade or professional certificates evaluated by the South African qualifications authority. Proof of applicant's expertise and experience in the type f business envisaged.
  • Proof of kinship: Relationship confined to biological or judicially adoptive parents, biological or judicially adopted children or a spouse
  • Proof of cohabitation: Proof in the form of communal accounts or other documents reflecting cohabitation.
  • Undertaking by citizen: Undertaking from Citizen/resident regarding financial, medical and emotional responsibility for applicant. (Not applicable where the relative is the parent of a minor child of a SA Citizen/resident.
  • Confirmation from Citizen: Confirmation that the SA Citizen/permanent resident did not obtain residence in terms of section 27(g) of the Act.
  • Payment of the applicable fee.

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