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Hendie

Dubbele Burgerskap-Dual Citizenship

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Heinrich

Matisse

My wife has chosen to keep her South African citizenship too. I have chosen not to. Under 21s do not have to choose yet. So, about two weeks ago we applied for her to retain her citizenship. I googled "Affidavit" and got a nice proforma for about 10 bucks (ridiculous, but anyway...). We then took it to our local lawyer (had to make an appointment) and he let her swear that "this is the truth". He said to me "for you this will be for free".

Just another technicality, we sent in only the one application form (there are 2), thinking that we have the required proof, but were asked to fill in the second form as well. So, you can just as well send in both and save time. Ours was just mailed back to them this past Monday.

Hope it helps.

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Marionm
Matisse

My wife has chosen to keep her South African citizenship too. I have chosen not to. Under 21s do not have to choose yet. So, about two weeks ago we applied for her to retain her citizenship. I

This is an interesting debate - and you will find lots of info here on this Board posted by Harry and others if you use the search engine.

Interesting to note is that one part of the Citizen Act of 1995 states that you need to apply to retain your SA citizenship. So the right thing, according to the legislation, is to apply to retain it. While this part of the act has not been repealed, the Citizenship Amendment Act of 2004 states that you may not be deprived of your citizenship because you used the citizenship of another country. It is deemed unconstitutional.

Somewhat of an anomaly.

So, constitutionally, you cannot actually be deprived of your citizenship. So for your wife, she has done the "correct"thing in filling in the forms etc, and is officially applying to retain her citizenship. But in essence, you are not deprived of yours either when you take Canadian Citizenship.

So, when you come into SA (if you do) once you have Canadian Citizenship, do not assume you are no longer a South African citizen. The Citizenship amendment act very clearly states that you must use your SA passport to enter and leave the country

A provision of the South African Citizenship Act of 1995, allowing the minister of home affairs to deprive a citizen of his or her citizenship for having used the citizenship of a foreign country, has been repealed.

As a result, the need for exemptions or letters of permission from the minister to make use of a foreign passport has now been terminated.

"The issue of deprivation of citizenship was inconsistent with the Constitutional right to citizenship", said Home Affairs spokesperson Nkosana Sibuyi.

"We have therefore decided that affected South Africans departing or arriving through our ports of entry, attempting to use a foreign passport, will be issued with a warning giving them three months to obtain a South African passport", Sibuyi said.

He added that authorities would not, in the meantime, prevent anyone from leaving or entering the country, provided they had applied for the relevant document.

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CharleneK

MarionM, this confusing matter has been discussed ad nauseam. The new 2004 Citizenship Amendment Act does not change the fact that you are still "deprived" of your South African citizenship if you accept citizenship from another country without applying to retain your SA citizenship. It only prohibits the government from depriving official dual citizenship holders of their SA citizenship in the very specific circumstance of them being caught entering SA on their "other" passport.

However, if you accept Canadian (or any other country's) citizenship without applying to retain SA citizenship, you still lose your SA citizenship. The Citizenship Amendment Act of 2004 does not change this.

Charlene

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Matisse

Heinrich,

Thank you for your response. As you suggested, I googled "affidavit" and there appears to be lots of information available. I might even be able to put something together without spending 10 bucks! Unfortunately I will still have to spend money with a lawyer. :ph34r:

Just another technicality, we sent in only the one application form (there are 2), thinking that we have the required proof, but were asked to fill in the second form as well. So, you can just as well send in both and save time. Ours was just mailed back to them this past Monday.

Yes, I am aware of this. I discovered this by chance when I compared the detail on two versions of form BI-1664 (Application for Retention of SA Citizenship). I first downloaded the form from the Department of Home Affairs website, in which clause 8 says it is not necessary to complete form BI-529 if one submits detail about a relevant SA passport and SA identity number. But afterwards I looked at the same form BI-1664 on the SA High Commission in Canada website, in which it is stated under clause 8 that form BI-529 must accompany one's application.

To clarify this issue, I called the SA High Commission office in Ottawa, who confirmed that form BI-529 must be completed. It appears to me that whenever one submits this application from any location outside SA, it is required that form BI-529 is attached.

I have also noted in previous discussion under this thread that someone mentioned the application fee to be $48 and not $24. On the SA High Commission website the application fee is still indicated as $24, and when I called them this morning, it was confirmed to be $24. I hope it would not be a case of later being asked to send an additional amount, because then this whole exercise will just be stretched out unnecessary. :(

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Harry

Marionm,

may I suggest that you first read the VERY THREAD YOU POSTED ON.

There you will find THIS post.

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alan

Matisse, I typed up my own. I am not sure where I got the format from as it was 2 years ago but it was accepted.

See full text below:

Department of Home Affairs

Republic of South Africa

AFFIDAVIT

I, First Middle Surname (South African ID number 99999999999), of 1008 31 Ave SW, Calgary, Alberta, Canada, make oath and say / solemnly affirm and declare that I have not acquired the citizenship of any other country.

Sworn / Affirmed before me on ____ August 2005 at Calgary, Alberta.

______________________________

Signature

Commissioner for Oaths for Alberta

______________________________

Print Name and Expiry

Edited by alan

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fatcat

Harry/Charlene

This topic of discussion needs to be brought up every so often, so that people who are in the process of making this very important decision are well informed and don't make the same mistakes as some of us !

Not everyone is familiar with using the search engine and of course laws and opinions change.

Please allow us to discuss and debate this topic, without "rapping us over the knuckles" :ph34r:

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CharleneK

Fatcat,

You don't even have to use the search engine. Just read this very thread!!!!! (Not just the last few posts...)

Charlene

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Matisse
Matisse, I typed up my own. I am not sure where I got the format from as it was 2 years ago but it was accepted.

Alan,

Thank you for that detail! If it worked for you it will certainly work for me too. :huh:

Fatcat,

The intention is not to discourage discussion on this topic (or on any other one). But simply repeating the same questions and answers over and over again is also not very useful, and if you read this thread from its very start you will notice that previous repetition of the same discussion actually just created more confusion! :D

The search function is easy to use, and it helps a lot to use this site effectively as a resource.

Edited by Matisse

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Harry

Fatcat,

we frankly busted our #sses trying to generate clarity on this very topical and important matter and then documented it very clearly for everyone, precisely because of the repeated nature of these questions.

We do this SACanada thing out of a sense of community and a belief that others should not have to make the mistakes that we made. Is it then truly so much to ask for people to just read a few posts on a thread before they actually add to it? That seems just reasonable to me.

Thing is, one person posts an honest question without reading. Then another feels somehow compelled to answer from ignorance..also due to not reading. Then it takes us three times as much effort, and a lot of unhappiness from bruised souls, to get the wagon back on track.

If you go back through the thread you'll see us having at one another on this subject precisely because it IS so misleading and messy and emotional and full of disguised potholes. We'd hate to have to go there again, now that we have both clarity and peace.

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Marionm

Removed by poster

Edited by Marionm

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Ahorn

We have letters from SA confirming dual citizenship and providing permission to use our Canadian Passports (2004). The latter has an expiry date.

I contacted the High Commission (Toronto) to confirm procedures for renewing the letter. They indicated that these letters no longer have an expiry date.

Did anybody else encounter this? I am planning on forwarding copies of my letters to Toronto asking for updated letters (without the expiry date) - however it appears that I can likely also leave it as is?

Thank you

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Ahorn

To answer my own question:

On the South African High Commission (Canada) website it states:

"In terms of the South African Citizenship Amendment Act, 2004 (Act # 17 of 2004), major South African citizens holding dual citizenship must enter or depart South Africa making use of a South African passport only. Issuance/extension of Exemption in terms of section 9(2) "Permission to use a foreign passport" was terminated effective September 2004. "

Which makes sense, because my letter was issued August 2004 - so they do not issue these letters any more.

Now you only receive one letter - stating that dual citizenship is granted.

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