APPLICATION FOR EXEMPTION IN REGARD TO THE LOSS OF SOUTH AFRICAN CITIZENSHIP (SECTION 26(4) OF SOUTH AFRICAN CITIZENSHIP ACT, 1995)

WHAT IS AN EXEMPTION IN REGARD TO THE LOSS OF SOUTH AFRICAN CITIZENSHIP AND UNDER WHAT CONDITIONS MAY A CLIENT APPLY

1. Clients who have lost their South African citizenship under Section 15(1)(a) of Act 44 of 1949 may apply for retrospective exemption, which essentially means that upon approval of such an application, the client will be deemed to have remained a South African Citizen when he/she acquired foreign citizenship.
   
   
2. It is very important to note that the abovementioned Section only relates to clients who lost their citizenship by virtue of Section 15(1)(a) of Act 44 of 1949, before 06 October 1995, when the new Act came into operation.
   
   
   • For example, if a client over the age of 18 obtained naturalisation of the UK on a 1 December 1992 he would have automatically lost his South African Citizenship in terms of Section 15(1)(a) of Act 44 of 1949. However, that person may apply for retrospective exemption in terms of Section 26(4) of the South African Citizenship Act, Act 88 of 1995. Upon approval it would have been as if the client had remained a South African Citizen when he/she acquired foreign citizenship.
     

     
     
3. REQUIREMENTS FOR AN APPLICATION FOR EXEMPTION IN REGARD TO THE LOSS OF SOUTH AFRICAN CITIZENSHIP

   All applications forms to be completed in black ink.
   

• Form BI-1666 to be fully completed. Please ignore paragraph 8 of form BI-1666.
  
  
• All clients must complete form BI-529.
  Form BI-529 must be fully completed.
  
  
• All South African Citizens who are abroad at the time of lodging a passport application form must fully complete this form. The purpose of the form is to establish that as a South African Citizen you have not lost your Citizenship.
  
  
• If certain questions are not applicable, then mark as N/A. If certain questions are not known, for example, your mothers Identity number, then mark it as "do not know.
  
  
• Questions 9, 10, 11 of paragraph A is of particular importance.
  
  
• A certified copy of your current South African Passport.
  
  
• Proof of how and when you acquired your foreign citizenship.
  
  
• Most applicants would have some form of naturalisation/registration certificate that was issued to them. If this is not available or has been lost/stolen, then submit a letter from the country of which you hold citizenship. The letter should confirm how and when you acquired foreign citizenship.
  
  
• A certified copy of your South African Birth Certificate.
  
  
• A certified copy of your marriage certificate.
  
  
• A self-addressed special delivery envelope (obtainable from any UK Post Office) for the return of your documents.
  
  
• PRESCRIBED FEES - FOR THE PERIOD 01 APRIL 2004 TO 31 MARCH 2006. The prescribed fee is £10.00 - Only cash or Postal Orders are accepted. Postal Orders must be made payable to South African High Commission.
  
  
• PROCESSING PERIOD
  Postal applications: within 5 working days.
  Counter applications(application lodged in person):issued on the spot
  Forms to be downloaded:

Form to Download

BI-1666
BI-529.