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Civic Affairs
Passports
In terms
of the South African Passport and Travel Documents Act, 1994 (Act
no 4 of 1994) all South African passports are now issued in South
Africa. Before this passport may be issued a 13 digit identity number
must be allocated, unless the applicant is already in possession
of such an identity number.
A full set
of fingerprints must be submitted by applicants older than 15 years
and 6 months.
If an identity document was issued prior to 1990 or
if the applicant is not in possession of an identity number, a full
set of fingerprints must be furnished with all passport applications.
If the identity document was issued after 1990 the left thumbprint
must be furnished. Fingerprints are only taken if applicants are
15 years and 6 months or older. These fingerprints must be
referred to the Department of Home Affairs in South Africa for verification
and confirmation of identity.
All application forms must be completed in BLACK
INK only. If a form is completed in any other colour ink, the applicant
will be requested to re-complete a fresh form in black ink.
Applicants who are residents in France may submit
the relevant applications in person at:
The South African Embassy: Paris
59, Quai D'Orsay
75343 Paris Cedex 07
The Consular Section at the South African Embassy
is open to the public between 09:00 and 12:00 from Monday to Friday.
Please contact the Embassy for an appointment if it is not possible
to submit the application during the specified hours.
Applicants unable to personally report to the South
African Embassy due to illness / disability or distance of travel,
should write to the Embassy confirming this, giving reasons why
and the forms will be forwarded to them by post. Applicants must
please ensure that section B of the passport application form (BI-73)
is completed and photographs are certified by a Commissioner of
Oath, Justice of the Peace or Police Officer.
All new South African passports are issued in South
Africa and it will take a minimum of three (3) months to receive
the passport at the Mission.
In terms of the Passports and Travel Document Regulation
of 1996, names of children may not be included in parents' passports.
A separate application must be submitted for a child passport and
it will take a minimum of three (3) months to receive the passport
at the Mission.
Children under the age of 15 years and 6 months
do not need to have fingerprints taken. A child passport is valid
for a maximum period of 5 years and both biological parents need
to give consent to the issue of the passport.
If a parent or another person has been granted sole
guardianship by a competent court, the consent of the other parent
or parents will not be necessary.
The old format tourist passports (BI 110) can be
renewed in instances where holders apply for passport facilities
and their old passport is not yet 10 years old, calculated from
the date of original issue.
Applicants who need to travel urgently and are awaiting
the issuing of a new South African passport may apply for a temporary
passport.
An Emergency Travel Document can be issued to replace
a lost/stolen South African passport.
A lost/stolen passport should be immediately reported
to the police and to the nearest South African Mission or office
of the Department of Home Affairs.
Legislation
of birth
The registration of foreign births are finalised in accordance with
the South African Births and Deaths Registration Act, 1992 (Act no.
51 of 1992).
A child born outside of South Africa can acquire
South African citizenship by descent of a parent who is a South
African citizen at the time of the birth of the child concerned.
The birth has to be registered at the Department of Home Affairs
in Pretoria. The child is then a South African Citizen.
All application forms must be completed in BLACK
INK only. If a form is completed in any other colour ink, the applicant
will be requested to re-complete a fresh form in black ink.
Applicants who are residents in France may submit
the relevant applications in person or by mail to:
The South African Embassy:
Paris
59, Quai D'Orsay
75343 Paris Cedex 07
The Consular Section at the South African
Embassy is open to the public between 09:00 and 12:00 from Monday
to Friday.
It takes six to eight weeks to finalise a birth
registration application.
Identity
documents and drivers licences
First identity document applications are not issued to persons residing
permanently overseas and only re-issue of identity documents to South
African citizens are processed.
From 1 August 1998, Drivers licences are no longer
endorsed in identity documents. This function is now the responsibility
of the Department of Transport. Kindly contact the regional licensing
authority in South Africa for further information.
Duplicate
or replacement of birth, marriage, and death certificates
The public has no direct access to South African Birth, Marriage and
Death records. The registers are maintained by the Department of Home
Affairs in Pretoria.
Applications for certified copies of Birth, Marriage
and Death certificates may be applied for from the Director-General
for Home Affairs via this office. The relevant application must
be submitted with a copy of the abridged certificate.
Applications take a minimum of fourteen weeks.
Citizenship
Citizenship is
determined by the South African Citizenship Act , 1995 (Act no. 88
of 1995) as amended.
The repealed South African Citizenship
Act, 1949 (Act no. 44 of 1949) will be referred to in some instances
and the provisions of the Aliens Control Act, 1991 (Act no. 96 of
1991) will also have a direct impact on the citizenship.
South African citizenship has been
determined by the various South African Citizenship Acts over the
years and as citizenship is both a complex and far reaching matter,
it is absolutely essential to submit all known facts, letters and
original documents available in order to clarify South African citizenship
status.
•
Retention
of South African citizenship (Section 6 (2) of South Africa Citizenship
Act, 1995)
Major South African citizens (18 years and older)
who intend to apply for foreign citizenship and do not wish to loose
their South African citizenship must first apply to retain their
South African citizenship. Failure to apply for retention will result
in the automatic loss of South African citizenship.
Minors (persons under the age of 18) are exempted
from applying for retention of South African citizenship.
Requirements for an application for retention
of South African citizenship (Section 6 (2))
For application forms and requirements, kindly
send a request in writing for the attention of Immigration and Civic
Services of the South African Embassy, Paris.
- Processing period
Applications are considered and finalised locally
within 10 working days.
• Dual Nationality, Section 9 (2)
GENERAL
NOTICE
SOUTH
AFRICAN CITIZENSHIP AMENDMENT ACT, 2004 (ACT NO. 17 OF 2004)
The Amendment Act repealed Section 9 of the South
African Citizenship Act, 1995 as of 15th September 2004, which regulated
the use of the citizenship or nationality of another country by
a South African dual citizen.
This inter alia means that the system of exemptions/letters
of permission to make use of a foreign passport has now been terminated.
No further applications in this regard may therefore be processed.
The repealed Section 9 has been replaced with a
section as specified in the new section 26B.
Section 26B reads as follows:
A major citizen who-:
(a)
enters the Republic or departs from the Republic making use of
the passport of another country, or
(b)
while in the Republic, makes use of his or her citizenship or
nationality of another country in order to gain an advantage or
avoid a responsibility or duty
is guilty of an offence and on conviction liable
to a fine or to imprisonment for period
not exceeding 12 months.
From Section 26 (B) you will notice that it will
henceforth be an offence for a major
South African citizen to enter the Republic or to depart therefrom
making use of the passport of another country, in other words, making
use of a passport other than a South African passport.
Furthermore, it will also be an offence for such
a citizen, while in the Republic, to use his or
her foreign citizenship or nationality to gain an advantage or to
avoid responsibility or duty.
In essence, the Amendment provides that a South
African dual citizen can use his or her foreign passport (citizenship/nationality)
freely outside South Africa.
•
Exemption
in regard to the loss of South African citizenship
Application for exemption in regard to
the loss of South African citizenship
(Section 26 (4) of South African Citizenship Act, 1995)
South African citizens who lost their South African
citizenship under 15(1)(a) of Act 44 of 1949 may apply for retrospective
exemption, which essentially means that upon approval of such an
application, the applicant will deem to have remained a South African
citizen when he/she acquired a foreign citizenship.
It is very important to note that the above-mentioned
section only relates to South Africans who lost their citizenship
by virtue of Section 15(1)(a) of Act 44, before 5 October 1995,
when the Act came into operation.
For example, if a South African citizen over the
age of 18 obtained French naturalization on 20 January 1993 outside
South Africa, the person would have automatically lost his/her South
African citizenship in terms of Section 15(1)(a) of Act 44 of 1949.
However, such 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 mean that the person remained a South
African citizen when he/she acquired foreign citizenship.
- Requirements for an Application for exemption
in regard to the loss of South African citizenship
For application forms and requirement, kindly send
a request in writing for the attention of Immigration and Civic
Services of the South African Embassy in Paris.
- Processing period
Applications
are considered and finalised locally within 10 working days.
Changing
details (surname, etc.)
Please contact the Consular Section of the South African Embassy
in Paris for advise regarding an application for the change of details.
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