BritComputerGeek

Hi

I wrote a while back about moving to S.A. (my wife wants to move back as she is South African, but I am dubious, as we have a 4 year old daughter, and I am worried about crime).

However, we have just returned from Mossel Baai - about 5 hours drive from Cape Town - and what a paradise !!!

We are now all in agreement that we will be moving back there in the next 12 months, however, we need to get visas / immigrations stuff sorted first.

I have a software company, and we will be running it from there, exporting our products to Europe (and also selling in S.A. hopefully) - so I think this may count for us as we will be looking to create jobs.

However, my main problem is the visas etc - I have no formal qualifications, and although my wife was born in S.A. and is a citizen, she now has a british passport (as he grandfather was born in the UK) - and her S.A. passport has expired. We have now discovered that if you want dual nationality, you have to apply for that BEFORE you obtain British citizenship...

Anyway, it is a real minefield with all the paperwork etc - does anyone know of a lawyer / specialist who is UK based, and specialises in brits emmigrating to S.A. ?

Many thanks

Matt

DarrenD

Hi

PM me if you need support.

Have a look at the link which was provided on an earlier thread.
http://www.home-affairs.gov.za/sa_ci...%20citizenship

The key section there is :
Retention of South African citizenship may, however, be applied for, but must be done and be approved before acquisition of the other citizenship to prevent automatic loss of the South African citizenship. Applications must be on form BI 1664 and are subject to payment of a prescribed fee of R115-00. Applications may be lodged at any Home Affairs domestic office or if abroad, at the nearest South African Embassy or Mission.

Persons who have lost their South African citizenship under similar circumstances under section 15(1)(a) of the now repealed South African Citizenship Act, 1949 (Act No. 44 of 1949), may apply for exemption from the loss in terms of section 26(4) of Act 88 of 1995, by submission of a duly completed BI 1666 and payment of the prescribed fee of R115-00 at any Home Affairs domestic office or if abroad, at the nearest South African Mission or Embassy.


It looks like under the new law, she can get it back for about £10.

South Africa House http://www.southafricahouse.com I have always found helpful. Give them a call and talk to them about it. Im sure you cant be the only one in this situation, so they are likely to be able to help.

Once she has done this, getting a new SA passport is a breeze.

hope this gives a ray of sunshine to your day

d

JAJ

I'm not so sure. This may only apply to those who lost SA citizenship before the 1995 legislation came into force (6 October 1995, I think).

For those who lost citizenship later the following may apply:

"Resumption (Section 13)
A person who has lost or has been deprived of his or her South African citizenship may apply for resumption at any Home Affairs domestic office. Application must be on a BI 175 and a prescribed fee of R115-00 is payable.

To qualify, former South African citizens by birth and descent must have returned to South Africa permanently. Former South Africans by naturalisation or registration must have a valid permanent residence permit or exemption from such permit and must have taken up permanent residence in South Africa."

If his wife became a British citizen on or after 6 October 1995, it may be necessary for her to return to South Africa to get her citizenship back. It's not clear whether former South African citizens have the right to move back to SA or sponsor spouses or dependent children. That's something to discuss with SA House in London.

The original poster ought to consider whether he and his wife might prefer Australia, New Zealand or Canada if they want to migrate (and have a chance of qualifying).

Jeremy