Dual Citizenship – SA/USA
Many South Africans that come to the US obtain green cards at some point, and after a period of time, usually 5 years, they are eligible for US citizenship.
Then the questions arise: Should we give up our South African citizenship? Can we even be dual citizens of South Africa and the US? What are the implications of this? What are the requirements for obtaining dual citizenship? (There was some confusion about this last one!)
I will attempt to answer those questions here…
Before I continue, a disclaimer: I am NOT an immigration lawyer, so please don’t consider this to be legal advice. I am merely someone who has had to consider these issues myself. It is up to you to verify the current accuracy of this information. With that said, let’s continue…
Can I be a Dual Citizen of South Africa & the USA?
The short answer is “yes”.
South Africa allows its citizens to take on the nationality of another country without losing South African citizenship, but you have to apply to retain your SA citizenship before taking on US citizenship.
The US position is slightly less clear-cut. During the Oath Ceremony for US citizenship, you will state that you “renounce all foreign allegiances.” Some argue that this means that you are giving up your South African citizenship, but two things are important here: (1) The US Justice Dept has officially stated that it “tolerates” dual citizenship and has never gone after people who have not officially given up their original citizenship. (2) You do not lose your South African citizenship unless you officially renounce it by following the procedures laid out by the South African government.
Should I give up my South African citizenship?
That is entirely up to you. Some people retain their South African citizenship for sentimental reasons, and others do so for their own practical reasons. Others give it up in the knowledge that they get it back later if they choose to. (The South African government’s current requirement for regaining citizenship is that you move back permanently to South Africa.)
What are the implications of dual SA/USA citizenship?
If you are a dual citizen, the South African government requires that you enter and leave South Africa on your South African passport, and you may use your US passport for all other travel.
This means that when you go to South Africa for a visit, you are entering South Africa as a South African.
Should anything happen to you while you are in South Africa that you want the US to help you with, like somehow getting arrested, the US will probably not be able to help you because the South African government will have the right to insist that it is an issue between itself and one of its own citizens, and that the US has to butt out.
Also, if you own a firearm here in the US, you will not be able to take it along with you on a trip to South Africa (e.g. a hunting trip) because, as a South African, you are trying to take an unlicensed firearm into the country.
Those are the only issues that I am aware of.
What is the process for obtaining dual citizenship?
Here are the basic steps:
- Apply with the South African government to retain your South African citizenship. Contact your closest SA consulate or embassy for details. If you live in Texas, contact the SA Embassy in Washington DC.
- After receiving the permission letter back from the SA government, apply for US citizenship and complete that process.
- Use your SA passport for all travel to South Africa, and your US passport for all other travel.
That’s process in a nutshell.
What was the confusion all about?
It was all caused by changes in the South African Citizenship Act of 1995.
Article 6 of the Act states that you have to apply for permission to retain your SA citizenship when obtaining other citizenship. Article 9 of the Act stated that you had to apply for permission to use the passport of a foreign country (as you would be doing after obtaining US citizenship).
Then, in Sep 2004, Article 9 was repealed. Many people thought that Article 6 was also repealed, when in fact, it was not. People thought they could become US citizens without having to deal with the SA government at all. Some people inadvertently lost their SA citizenship as a result of this!
So don’t forget to first obtain permission to retain your SA citizenship from the SA government before applying for US citizenship!
I hope you find this information useful. Remember, things change from time to time, and what I say here today may not be true tomorrow, so check your information as you go along. If you find any additional useful information, please post it below.
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What if you did not know you had to apply with the SA government BEFORE becoming a US citizen? Do you still have to apply in SA then? My doctor asked me this question two days ago as he is in this position. Thanks for this helpful information.
Marie, my non-lawyer opinion is this: If the SA government doesn’t know that your doctor has US citizenship, his SA citizenship will be intact. If he wants to retain his SA citizenship and not risk losing it later if SA finds out he has US citizenship, he might want to apply for permission to retain his SA citizenship. On the application form he’ll likely have to state when he intends to obtain US citizenship and he might have to be a little “creative” with his answer.
The other option is for you or someone else (not the doctor) to pose the question to the SA embassy. If they’re willing to accommodate him and knowingly let him apply “after the fact”, then great. If they take a “rules is rules” attitude, then fall back to option 1.
Great article, John! I learnt a few things here. I didn’t know they’d changed the law.
Love your non-lawyer advice ; ) I agree. I’d ask at anonymously at the consulate before deciding what to do. That is usually my modus operandi.
Hi!. Apart from specifics regarding SA citizenship, many immigrants to the U.S. are eligible for the naturalization process. But, first an individual must be a Lawful Permanent Resident. Here are the requirements for naturalization:
He or she must be at least 18 years old at the time of filing for citizenship.
An individual must reside in the United States for a continuous period prior to the filing of the naturalization application. If the applicant is not married to an American citizen he or she must live in the U.S. for a continuous period of five years after lawful admission to the U.S. as a permanent resident. If an individual is married to a U.S. citizen, he or she must live in the United States for a continuous period of three years following lawful admission to the U.S. as a permanent resident. In the latter case, the individual must be married to and reside with the spouse citizen for three years before the applicant’s exam date and the spouse must have been a U.S. citizen during that entire time.
Residence is required for three months immediately preceding the filing of the naturalization application. Continuous residence in the United States is also required from the date of filing until actual admission to citizenship.
The applicant must have an ability to read, write and speak ordinary English. This is ability is determined through oral and written tests administered by an immigration examiner during the naturalization interview. There are some exemptions to the language requirement; consult our attorneys for more details on possible waivers.
The applicant must have both knowledge and understanding of the fundamentals of U.S. history and government. This ability is determined by administration of a multiple choice test. Generally, even those person who are exempt from English requirement must still meet this requirement.
I hope this information proves useful!
I lost my South African citizenship in the early 90's when I was a minor (we became US citizens). I have an interest in regaining it. Would the South African gov't consider the fact that I lost my citizenship without my consent if I was to apply?
I am not sure whether the fact that you lost your citizenship without your consent will be regarded as a factor to consider, but I can tell you this: As far as I know, the SA government will give you citizenship back if you are entitled to it, and you are, but I believe there is one condition… you have to move back to South Africa to get it.
Thanks so much for this helpful information. Could you please help me with the following question. I am South African with a baby who's father is American. We got married a week ago and we now want to apply for our son's American passport. I do not want him to loose his South African citizinship. I read somewhere that applicants who are minors under the age of 21 do not need to apply for retention of SA citizenship as they do not loose it automatically by acquiring foreign citizenship. Is this true or am i getting the incorrect information?
I don't believe you have lost your SA citizenship if you were a minor during the time. South African citizens under the age of eighteen (18) years are exempt as long as they acquire the foreign citizenship before their eighteenth (18th) birthday. They automatically retain their South African citizenship for life unless; once they have reached the age of eighteen (18) years and they then wish to acquire a further foreign citizenship. They will then have to apply for prior permission to retain their South African citizenship – failing to do so, they will automatically lose their South African citizenship. (http://www.sahc.org.au/citizenship/Dual_Citizensh...
Hope this helps
Renee
I have been a US Citizen since the late 80's and was told I could not get dual Citizenship at the time. I would like to get dual Citizenship, but it appears it is too late. If I were to go back to South Africa for an extended period of time would I lose any benefits that I have here e.g Disability for one and my ex husbands Social Security?
If I become an US citizen, how would the SA government find out if I do not tell them?
What is the process to renew one’s South African passport when one’s has the SA permission letter and a US passport? What should you enter as your citizenship? Anything else to note when applying for a SA passport renewal?