Dual nationality

[alvonhumb]

Decided to start on the next step to UK citizen.ship, having got ILR.

We're all aware of the need to get consent from SA so that we don't lose SA citizen status.

The SA Home Affairs website says you need to get a letter confirming that you haven't applied as yet, so that you can get permission to apply to retain SA citizenship (yes, I was also yawning by now...but plow on). The site advises to apply to the "British Nationality Division; 3 Floor, India Building, Water Street, Liverpool, L2 OQN" for such a letter. This is where the hitch is -a net search for the British Nationality Division of the Home Office yields no usable results. Nothing on the Home Office website or the new BIA site either that I can find. I believe there is supposed to be a form available for this purpose, but it's proving impossible to locate. I suspect it is the brand new BIA that has probably re-named the division.

Anyone out there gone through this bit of beureaucratic drivel recently, and able to offer information? I sometimes think they're trying to bore us into going home .... nothing is straightforward

[mcamp999]

Alvon hi, we have done it recently will discuss it more later

[alvonhumb]

Thnaks Mcamp - I've drafted letters in the meantime....

[mcamp999]

Decided to start on the next step to UK citizen.ship, having got ILR.

We're all aware of the need to get consent from SA so that we don't lose SA citizen status.

The SA Home Affairs website says you need to get a letter confirming that you haven't applied as yet, so that you can get permission to apply to retain SA citizenship (yes, I was also yawning by now...but plow on). The site advises to apply to the "British Nationality Division; 3 Floor, India Building, Water Street, Liverpool, L2 OQN" for such a letter. This is where the hitch is -a net search for the British Nationality Division of the Home Office yields no usable results. Nothing on the Home Office website or the new BIA site either that I can find. I believe there is supposed to be a form available for this purpose, but it's proving impossible to locate. I suspect it is the brand new BIA that has probably re-named the division.

Anyone out there gone through this bit of beureaucratic drivel recently, and able to offer information? I sometimes think they're trying to bore us into going home .... nothing is straightforward

Alvon Hi, as you stated, you simply need to draft a letter to them in Liverpool and they will send you a standard letter stating that you have not applied etc. etc. There is no standard form for this at all, but Liverpool knows the drill.

This is the address and phone number

Nationality Inquiry Team, Nationality Division,
Home Office, India Buildings,
Water Street, Liverpool L2 1QN,
United Kingdom
Telephone : +44 151 237 5200
Fax : +44 151 237 5387

It doesn't take long to receive.

[alvonhumb]

Thanks Mcamp.

[zebras]

British Nationality Division
3rd Floor
India Building
Water Street
Liverpool
L2 OQN

RE: No application for British Citizenship

Dear Sirs

In terms of South African law for the retention of South African citizenship we are required to submit proof that no application has yet been made for British Citizenship.

Attached please find copies of our passports for your reference.

Kindly furnish us with a letter stating that you have not received any application for British Citizenship from ourselves.

Yours faithfully

Mr A N Other Mrs A N Other

COPY OF THE LETTER WE USED

[michellerhynes]

Dear All

thank you for all of the above, it was really helpful, Do you know where I can get teh form that we need to complete to apply for Dual nationallity with the South African Embassy? Can it be done by post as I live in the Channel Islands?

I look forward to hearing from you.

[mcamp999]

Dear All

thank you for all of the above, it was really helpful, Do you know where I can get teh form that we need to complete to apply for Dual nationallity with the South African Embassy? Can it be done by post as I live in the Channel Islands?

I look forward to hearing from you.

Hi

SOUTH AFRICAN CITIZENSHIP AMENDMENT ACT, 2004 (ACT NO. 17 OF 2004)

The Amendment Act repealed section 9 of the South African Citizenship Act, 1995 as of 15th September 2004, which regulated the use of the citizenship or nationality of another country by a South African dual citizen.

This inter alia means that the system of exemption/letters of permission to make use of a foreign passport has now been terminated. No further applications in this regard may therefore be processed.

The repealed section 9 has been replaced with a section as specified in the new section 26B. Section 26B reads as follows:

“ A major citizen who-

1. enters the Republic or departs from the Republic making use of the passport of another country; or
2. while in the Republic, makes use of his or her citizenship or nationality of another country in order to gain an advantage or avoid a responsibility or duty,
3. is guilty of an offence and liable on conviction to a fine or to imprisonment for a period not exceeding 12 months”.


From section 26B you will notice that it will henceforth be an offence for a major South African citizen to enter the Republic or to depart there from making use of the passport of another country. In other words making use of a passport other than a South African passport.

Furthermore, it will also be an offence for such a citizen, while in the Republic, to use his or her foreign citizenship or nationality to gain an advantage or to avoid a responsibility or duty.

In essence, the Amendment provides that a South African dual citizen can use his or her foreign passport (citizenship/nationality) freely outside South Africa, but in South Africa, may not use his or her foreign nationality or citizenship to gain an advantage or to avoid a responsibility or duty which he or she, as a South African citizen, would otherwise not have been entitled or subject to.

Any enquiries in regard to this notice should be directed in writing to the consul:

Consul Migration,
South African High Commission,
Home Affairs, Consular Section,
15 Whitehall,
London, SW1A 2DD.

http://www.southafricahouse.com/Consulate/C_DC.htm

[michellerhynes]

I am a bit confussed now.

Do I still have to go to the Embassy with forms BI529 Determination of Citizenship Status & BI1664 Application for retention of South African Citizenship?

What documents do I need to take with as I will be applying on 20th Feb so want to get all my documents ready and not be missing anything as I have to fly over to the UK for an appointment each time as there is no SA Embassy here.

Do I not need a letter from British Nationallity Division anymore?

[london_lhr]

Hi all,

I stumbled on this thread by accident but feel I have to post the correct information as the information given is incorrect.

Regarding dual citizenship, you DO need the letter from the British Nationality Division in Liverpool and yes, you DO have to still apply for the retention of your South Africal Citizenship.

The act that was repealed is the section 9 act whereby you needed permission from the South African government to travel on more than one passport (nothing to do with retaining your South African citenship!) and this also stated that when visiting South Africa you could only enter South Africa with your South African passport.
The new act states it is an offence, as holder of a South African passport with dual citizenship, to enter South Africa on any other passport than your South African passport.

I was at the SAHC two weeks ago to renew my own passport and while waiting my turn saw the clerk behind the desk cut a lady's passport and South African ID document up. She was there to renew her passport and had recently acquired British Citizenship but had failed to get permission first to retain South African citizenship! She can re-apply for South African citizenship but she has to stay in RSA for three years.

The page on the SAHC site, amended on the 06/-5/09 clearly states you have to apply for permission and you need the relevant letter from the British Nationality Division. (sorry but I cannot post links as this is my first post!)

I do apologise if my first post is rather long winded but as this is rather important and it could cost the unweary their South African Citizenship!

Barry.