Citizenship for children born to foreign parents in South Africa
On September 12, 2019 / Leave a comment
A child born in South Africa does not automatically qualify for South African citizenship if their parents are foreign. It is often assumed that children born in a foreign country are recognised as citizens. This is not true Your child’s status in South Africa will depend on the type of visa or status you hold at the time of their birth.
The basic principle of the South African citizenship is that a child follows the citizenship or nationality of their parents. If one parent is a South African citizen, the child will be a citizen by birth. A foreign child adopted by South African citizens becomes a citizen by descent whilst a naturalised citizen is one who has complied with the requirements for naturalisation as set out in section 5 of the South African Citizenship Act.
The Department of Home Affairs says that children can only become citizens of South Africa in terms of birth, descent or naturalisation. Citizenship is not in every country based on nationality of territory. Children born of permanent residents follow their parents’ status.
Children born outside of these requirements have to follow a different protocol. The notification of birth issued by hospitals in South Africa can be taken to the parents’ countries of origin for registration and issuance of passport, after which the child will be issued with a derivative permanent residence permit status, upon application.
A notice of birth, containing the child’s foreign parents’ details as correctly documented in their valid passports and visas, will be sufficient for the child to travel outside of the country to be registered. Children born to registered and documented refugees and asylum seekers will also be able to use the notice of birth to exit the country to gain citizenship from their parents’ country of origin
Children born to foreign parents in South Africa without a valid visa are not legal and will not be able to go to school.
The good news is that you can legalise your child’s stay in South Africa and we can help! If you are looking for help with obtaining any visas or permits, it’s always best to get assistance from a qualified Immigration Practitioner. Make sure you get in touch with one of Immigration Consultants today.
Latest posts by Andrew Wicks (see all)
- The EU takes Southern African countries off the no-travel list - January 11, 2022
- Digital vaccination certificates to simplify travel - November 24, 2021
- Qantas returns to South Africa in January - October 27, 2021