South Africa: Requirements and procedures for a foreign spouse of a citizen to acquire South African citizenship (2009-September 2013)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Publication Date | 12 September 2013 |
| Citation / Document Symbol | ZAF104590.E |
| Related Document(s) | Afrique du Sud : information sur les exigences et la marche à suivre pour qu'un étranger marié à un citoyen acquière la citoyenneté sud-africaine (2009-septembre 2013) |
| Cite as | Canada: Immigration and Refugee Board of Canada, South Africa: Requirements and procedures for a foreign spouse of a citizen to acquire South African citizenship (2009-September 2013), 12 September 2013, ZAF104590.E , available at: https://www.refworld.org/docid/52a8462e4.html [accessed 23 October 2022] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
1. Definition of Spouse
The South African Immigration Amendment Act 2004, as amended in 2011, defines the term "spouse" as follows:
'spouse' means a person who is a party to-
a marriage as defined in [Immigration Amendment Act No. 13 of 2011]; or;
a permanent homosexual or heterosexual relationship as prescribed. (South Africa 2004, Sec. 1; ibid. 2011, Sec. 2)
The Immigration Amendment Act of 2011 defines "marriage" as:
a marriage concluded in terms of
the Marriage Act, 1961 (Act No. 25 of 1961 ); or
the Recognition of Customary Marriages Act, 1998 (Act No. 120 of 1998);
a civil union concluded in terms of the Civil Union Act, 2006 (Act No.17 of 2006); or
a marriage concluded in terms of the laws of a foreign country. (ibid. 2011, Sec. 2)
2. Permanent Residency Based on Marriage
Section 17 of the Immigration Amendment Act, 2011 indicates that
the Director General may issue a permanent residence permit to a foreigner who
...
"(b) has been the spouse of a citizen or permanent resident for five years and the Director-General is satisfied that a good faith spousal relationship exists: Provided that such permanent residence permit shall lapse if at any time within two years from the issuing of that permanent residence permit the good faith spousal relationship no longer subsists, save for the case of death." (ibid., Sec. 17)
According to the website of the South African Consulate General in New York, a permit shall lapse if, "within 3 years after the date of application, the relationship no longer exists, except in the case of death" (ibid. n.d.c). Further information on acquisition of permanent residency by the foreign spouse of a citizen could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.
3. Citizenship Based on Marriage
The website of the Department of Home Affairs indicates that the foreign spouse of a South African citizen may acquire South African citizenship by naturalization if he or she "had two years of permanent residence and two years of marriage to the South African spouse immediately prior to the application but after [he or she] acquired permanent residence status" (ibid. n.d.a).
Section 5 of the South African Citizenship Act of 1995 states that
[t]he Minister may, notwithstanding the provisions of subsection (1), upon application in the prescribed manner, grant a certificate of naturalisation as a South African citizen to a foreigner who satisfies the Minister that he or she is the spouse or surviving spouse of a South African citizen and that he or she has been-
admitted to the Republic for permanent residence;
ordinarily resident in the Republic for a prescribed period; and
married to such citizen during the period contemplated in paragraph (ibid. 1995, Sec. 5 (5))
According to the Department of Home Affairs, in order to apply for citizenship by naturalization, an individual must submit the following documents:
Forms DHA-63and DHA-757, completed by yourself
Your SA non-citizen identity document and copy thereof
Your marriage certificate (if applicable) and copy thereof
If divorced, your decree of divorce and copy thereof
An application for the re-issue of your identity document, including two identity document photographs that comply with the Passport and ID Photograph Specifications
The prescribed fee for the re-issue of your identity document
Proof of permanent residence/exemption and copy thereof
Form SAP 91 with a full set of fingerprints in order to obtain a police clearance report for applicants 18 years and older
Your parents or your legal guardian must sign the application form (BI-63 )if you are under the age of 18
Payment of the prescribed fee for naturalization. (ibid. n.d.a)
Two government sources indicate that the documents must be submitted to the nearest office of the Department of Home Affairs (ibid.; ibid. n.d.b). According to the website of the South African Consulate General in New York, applications for naturalizations may be filed "only" in South Africa (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.
References
South Africa. 2011. Immigration Amendment Act No. 13 of 2011. [Accessed 10 Sept. 2013]
_____. 2004. Immigration Amendment Act. No. 19 of 2004. [Accessed 10 Sept. 2013]
_____. 1995. South African Citizenship Act No. 88 of 1995. Document sent to the Research Directorate by a representative of Lawyers for Human Rights.
_____. N.d.a. Department of Home Affairs. "Citizenship." [Accessed 10 Sept. 2013]
_____. N.d.b. South African Consulate General, New York. "South African Citizenship." [Accessed 10 Sept. 2013]
_____. N.d.c. South African Consulate General, New York. "Permanent Residence in South Africa." [Accessed 10 Sept. 2013]
Additional Sources Consulted
Oral sources: Attempts to contact the following organizations were unsuccessful: Lawyers for Human Rights in Johannesburg, South Africa; South Africa - Consulate General in Toronto, Department of Home Affairs, and High Commission in Ottawa.
Internet sites, including: Acts Online; African Centre for Migration and Society, University of the Witwatersrand, Johannesburg; African Commission on Human and Peoples' Rights; All Africa; Amnesty International; Australian Government Department of Immigration and Citizenship; British Broadcasting Corporation; Citizenship Rights in Africa Initiative; Cornell University Law School Legal Information Institute; Factiva; Finlaw Consulting; Helpline Law; Human Rights Watch; International Crisis Group; International Federation for Human Rights; Legal Resources Centre; Lawyers for Human Rights; New York University School of Law GlabaLex; Paralegal Advice; Parliamentary Monitoring Group; Polity.org.za; South Africa - Consulate General in Toronto, Department of Home Affairs, Department of Justice and Constitutional Development, Government Information, Government Online, Government Services; High Commission in Ottawa, Immigration Services, Parliament, Public Protector South Africa, South African Government News Agency, South African High Commission in Ottawa; Southern African Legal Information Institute; thesouthafrican.com; Sunday Tribune; United Kingdom Border Agency; United Nations - NATLEX, Refworld; United States - Department of State, Law Library of Congress; University of the Witwatersrand; WorldLll.
