A recent controversy proved that many South Africans are confused about the rules that regulate citizenship. Who has automatic citizenship, and who needs to apply for citizenship? And if you need to apply, how and where do you do it?

Citizenship by birth in South Africa

The citizenship of people born in SA is governed by the South African Citizenship Act (as amended), with the most recent changes in January 2013.

• If at least 1 parent is a South African citizen
  If at least 1 of your parents is a South African citizen, you automatically have citizenship, no matter where you were born. Before the latest amendment to the Act, a child born to South African citizens in another country had to apply for citizenship by descent, but that rule has fallen away.
  
  
• If at least 1 parent is a permanent resident in South Africa
  If you were born in SA and at least 1 of your biological parents is a legal permanent resident, you qualify for South African citizenship by birth, provided the country remains your place of residence until you turn 18 and your birth was legally registered in SA.

When are you not able to claim citizenship by birth?

• If both parents are foreign nationals without permanent residence
  If both your parents are foreign nationals without permanent residence and you were born in SA, you will still have their citizenship, even if you’ve lived here since birth. Simply being born in in the country does not make you a citizen. You will need to apply for citizenship through naturalisation when you turn 18.

How to apply for citizenship through naturalisation

If you’re a foreign national who has been granted permanent residence in SA, you can apply for citizenship through naturalisation after 5 years. If your parents are not citizens or permanent residents, but you were born in SA, your birth was legally registered in the country, and you’ve lived here ever since, you may also apply for citizenship through naturalisation when you turn 18.

You can become a citizen through naturalisation only if you renounce your original citizenship, or if your current nationality allows dual citizenship. If you can hold dual citizenship, the Department of Home Affairs will need confirmation from your embassy, consulate, or mission to process your application. You will also have to meet to physical presence requirements – for example, spending more than 6 months outside SA could disqualify you from citizenship through naturalisation.

You will also need a set of specific documents, including your permanent residence certificate and birth certificate, to apply for citizenship at the Department of Home Affairs. Processing times vary, but you can expect to wait an average of 6 months. Once your application has been approved, there will be a ceremony to affirm your commitment to South Africa.

Withdrawing or losing citizenship

If it is found that you obtained your citizenship certificate fraudulently, the Minister of Home Affairs can revoke citizenship through naturalisation. Likewise, if your citizenship was granted by mistake for any reason, it can be withdrawn. Joining a foreign army to fight in a war can also lead to you losing your naturalised South African citizenship.

If you become a citizen of another country (except through marriage) without first applying to retain your South African citizenship, you could lose your citizenship too. Even though this provision has been challenged and the Supreme Court of Appeal upheld the challenge on constitutional grounds, at the time of writing, the Constitutional Court had not yet ratified this decision.

Where should you apply for citizenship?

Once you have all the necessary documents, you should contact the Department of Home Affairs to find your nearest office and start your application. While many banks, including Nedbank, have Home Affairs offices on site, they do not accept walk-in applications. You’ll need to register online and book an appointment at a branch.

Nedbank has a full range of services for foreign nationals in South Africa, whether you’re studying, on a work visa, seeking asylum, or applying for citizenship. We also offer an onsite Home Affairs office to process your application.