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Citizenship
There are three general grounds for the granting of South African citizenship: Birth, descent and naturalization. The “determination of citizenship” process may lead to the confirmation of an existing right to South African citizenship. Persons who were previously in possession of the South African citizenship and have subsequently lost it may very well be able to reclaim their status.

A naturalistaion may generally be applied for if the foreigner has lived in South Africa for 5 years on the basis of a valid permanent residence. For spouses of South Africans this time frame is reduced to 2 years.

It should be noted that an overseas citizenship may automatically be lost if another citizenship (i.e. the South African one) is applied for and subsequently taken on. In some cases, this can be avoided if a permission to retain the original citizenship has been granted by the foreign authorities.

There are certain scenarios in which a dual citizenship is allowed by both affected countries. There is repeated and ongoing discussion about disallowing dual citizenship altogether and forcing dual citizens to choose between their citizenships. There is currently no single valid regulation or legislation in this regard. In some cases, however, persons may have lost their original citizenship when taking on a new one without even being aware of it.

Since both the South African and most countries’ citizenship legislation is highly complex, it is advisable to seek professional advice. Imcosa will gladly assist you with your citizenship queries.
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