South African nationality law

Loss of citizenship by naturalised South Africans

Naturalised South Africans who left South Africa before 6 October 1988 and did not obtain a 'Letter of Exemption' from the South African authorities may have lost South African citizenship after seven years absence.

Citizenship of the UK and its colonies

• On 2 September 1949, most British subjects without UK & Colonies Citizenship from South Africa acquired South African Citizenship if they had a connection to South Africa (e.g. Birth or Residence or by Descent), simultaneously retaining the status of a British Subject of the Crown and being a Citizen of the newly independent South Africa part of the British Commonwealth of Nations. The status acquired was British Subjects: Citizen of the Union of South Africa/ Union National, a British Commonwealth Nation.
• Those who did not become South African generally became (citizens) of the UK & Colonies or remained British Subjects without Citizenship provided that they had no connections with any other Commonwealth country or Ireland (Eire), but this was rare as citizenship acquisition was enforced upon the newly independent Commonwealth Nation for the British Subjects if they were eligible. Such persons would only have acquired British citizenship in 1983 if they had a right of abode in the UK on the 31st of December 1982, otherwise they would have become British Overseas citizens (BOC). Those that acquired BOC after as a result of their stand alone British Subject status (non-citizen) without the Right of Abode are British Overseas Citizens; prior to the revolution of the 1980s nationality act.
• Those of an ethnic Indian or Pakistani background who were British subjects before 1949, but did not acquire South African citizenship upon the enforcement of the law in 1949, may have remained British subjects without citizenship. These individuals can possibly Register as British Citizens provided they have no other nationality and have resided in South Africa with their British Subject status since the period of enforcement in present day South African. The British Subjects without Citizenship May have been a South African Citizen already. See Indian nationality law
• British Overseas citizens and British subjects who have no other nationality, and have not lost or renounced another nationality since 4 July 2002, may register as British citizens under s4B of the British Nationality Act 1981 without requiring UK residence under certain conditions of the Act. This facility has been available since 30 April 2003 due to the statuses not having present day value and in particular British Subjects were there is no country of Right to Settle/ Permanent Residence. Those who have immigrated to the UK may have additional options for acquiring British citizenship such as naturalization through marriage or registration as a British Citizen within the UK would which enable the status to be transmitted by Descent.

Citizenship between 1949 and 1961

Between 1949 and 1961, all South African citizens remained British subjects by virtue of their South African citizenship whilst South Africa remained an independent Commonwealth nation, this was known as a Dominion prior to 1949, similarly in what is known today as a Commonwealth citizen either with or without the Right of Abode to the UK under the U.K. Nationality Law. During this period present day South Africans were regarded as: [British Subject: a Citizen of the Union of South Africa/ Union National, a British Commonwealth Nation]. The format was similar to a CUKC passport and headed the words “British Passport” at the top as with all Commonwealth realms at the time.

This was ended in 1961 when South Africa left the Commonwealth on becoming a republic, and formally abandoned all of its connections, with Union nationals becoming citizens of the Republic of South Africa. By the time South Africa returned to the Commonwealth in 1994, the phrase "British Subject" had been replaced by "Commonwealth citizen". Australia was the last to phase out British Subject in the Citizenship law which was in 1986.

The full title of a South African Citizen presently is: Republic of South African Citizen, a Commonwealth Citizen either * with or without the Right of Abode in the United Kingdom (formerly British Subject).

• Since South Africa has not been a full member for the purposes of the Law, it is not possible for a South African Citizen to possess the Right of Abode in the United Kingdom as a stand alone status unless they were a citizen of another Commonwealth nation before the 1st of January, 1983 including the United Kingdom.

Right of abode in the United Kingdom and Citizenship Acquisition of the  United Kingdom

Right of Abode is the authority for its holder to remain in the UK indefinitely (indefinite relationship) without immigration control or restrictions as long as the right can be proved. It is viewed as a status greater than indefinite Leave to Enter/ Remain (also referred to as Permanent Residency).

Holders of Right of Abode (except British Citizens) must have a Certificate of Entitlement in their passport as proof that their right exists or describing them as British Subjects with the Right of Abode in their British Subject Passports or as a British Citizen (ROE co-exists with British Citizenship). Those who hold the ROE as a stand alone status must be a Commonwealth Citizen, also applicable to some (British) Nationas which include some British Subjects, British Overseas Citize. All British Citizens have the ROE. Unlike British Citizenship which contains the Right of Abode regardless of personal circumstances, the Right of Abode as a Commonwealth Citizen including some forms of British Nationality can be revoked in cases such as criminal conduct or applications made in fraud.

As South Africa was a foreign country (under United Kingdom law) between 1 January 1973, the date the Immigration Act 1971 came into force in the UK, and 1 January 1983 (when the British Nationality Act 1981 came into force) South African Citizens cannot have right of abode in the UK unless they also held before 1983 and still hold citizenship of another Commonwealth country (such as by descent from their parent, e.g. Australia or Zimbabwe which did not cease to be Commonwealth Nations under U.K. Law) or of the UK itself, the holders would most likely have acquired that Citizenship by descent from a parent who was a Citizen of that Commonwealth Country at the time of their birth or through marriage. A Present Day Commonwealth country refers to any country within the Commonwealth of Nations, for instance, Australia, New Zealand or Canada. Since Queen Elizabeth II is not the head of state in South Africa (Queen/ monarch), as South Africa is a Republic, the Queen is the head of the Commonwealth of Nations only and is not the Constitutional Monarch which is the case for systems with the Monarchy for 16 of the Commonwealth nations which are known as realms (including the United kingdom).

This particularly affects South Africans born before 1983 to a British born mother, who would have otherwise acquired the right of abode in the UK on the 1st of January, 1983. Many South Africans possessing Zimbabwean Citizenship have the Right of Abode if their mother was born in the UK prior to 1983 even though Zimbabwe is not part of the Commonwealth under their own laws, but has since applied to re-join.

British Nationality: Citizenship of the  United Kingdom

However, the changes to British nationality law on 30 April 2003 have since allowed those born in South Africa between 8 February 1961 and 31 December 1982 to a UK-born, naturalized or registered citizen mother to apply for registration as a British citizen (by descent) [which is a less regarded version of British Citizenship by Birth or Naturalization or *some registrations] and with this comes the right of abode in the UK as British Citizenship coexists with the Right Of Abode. This could also enable Citizenship to be passed onto the Grandchildren in various circumstances. This concession is not specific to South African citizens, this applies to all countries including non-Commonwealth realms and members such as the United States and its territories.

It remains very difficult to obtain many documents from South Africa's Department of Home Affairs for registration. Nationality was not considered something of great significance prior to 1983 (before many governments enforced major immigration changes), nor was this communicated by the U.K. Government frequently unless enquired about usually from the High Commissions. Travel was limited from South Africa due to strict laws imposed by the Apartheid regime, thus many individuals have misplaced their documents which could very well have helped many apply for Registration as a British Citizen by Descent today, many also never requested them.

For those with a UK born mother, it is important to note that applying for a UK Visa is particularly difficult as South Africa was not always part of the British Commonwealth although is part of the new Commonwealth. The individuals affected are those born to British mothers between 1961 and 1982. The rule of who can possess the Right of Abode is very controversial but in most instances, those who apply for a Visa will generally have their applications refused. Those who later apply for a Certificate of Entitlement as an alternative entry method will also have their applications refused which then leaves them in a difficult situation whereby both the Certificate of Entitlement and UK Standard Victor Visa (C) are usually refused due to the officer not being aware of these restrictions when a British-born mother is mentioned in applications. Therefore it is imperative to make a claim to register as a British Citizen by Descent if born to a British Mother prior to 1983 to avoid any travel complications. The only associated cost is the Certificate of Citizenship collection of £80.00 as of September 2018.

Registration as a British Citizen by marriage is also one of the common ways to register if married to a British man prior to 1983.

It is possible to obtain British citizenship by double descent (from the grandparent) in numerous instances by registration of which some include:

1) +The parent of the child has the Right of Abode and is some form of a British National (e.g. British Citizen) by descent and has spent 3 years in the UK either prior to their birth or before their 18th birthday which would allow their minor child to become registered through the child's grandparent as long as it is within a specific timeframe (must be registered before the child turns 18), child does not have to live in the UK.

2)There is substantial proof that the Grandparent is/ was a British Citizen, their child was either born in a former Colony (between a certain number of years) or did not possess a passport, this will ultimately enable the grandchild to apply for British Citizenship by Registration but the law makes it unclear whether the parent would first have to be British / obtain or possess th ROA. This would essentially confer British Citizenship by 'Double Descent'.

3) Another way is if the mother registered before 1983, the child could potentially become registered.

4) There is the possibility for a child to become Registered as a British Citizen from their British Grandfather if the child’s parent became British by Descent at birth automatically but was not able to register her child’s birth at the High Commission due to discrimination in the past: the ability in the case: Grandfather whose female child had a child can apply to register.

Other ways include:

5) Children born prior tp 2006 to an unmarried British father can Register as a British Citizen.

Registration: The term registration refers to gaining British Citizenship where it was previously not available (obtained).

Registration of different forms can make one a Citizen by Descent, by Marriage and even by Double Descent in some instances, and so forth.

Since claims by double descent are very difficult and require an explanation, the UK Ancestry Visa was introduced (read below); this enables the acquisition of Citizenship in the form of otherwise than by descent by Naturalization which can be transmitted by descent upon a successful application for British Citizenship after meeting the basic residence requirement of 5 year then a further 1 year as the holder of Indefinite Leave to Remain/ Enter, whereas Citizenship by Double Descent can only be transmitted in limited circumstances.

+Registering as a British Citizen can sometimes assist the child of the grandparent to become British as Registration generally refers to (otherwise than by descent).

Naturalization is a process of becoming a British Citizen after meeting a residence requirement of 5 years, then a further one year as a ' Permanent Resident' which differs from registration where there is generally no residence requirement.

As for people born on or after 1 January 1983, they can only possess the Right of Abode to the United Kingdom if they hold British Citizenship.

If South Africa had remained a Permanent Member of the Commonwealth, those born prior to 1983 to British mothers would have possessed the Right of Abode however, those born after 1983 are British Citizens by descent and can chose whether to have a Certificate of Entitlement in their South African (Commonwealth) Passport or hold a British Passport irrespective of the fact that South Africa became a Commonwealth Nation again in 1994 (period of rejoining), women could only pass on their citizenship after 1983.

Much of what is seen above is based on previous gender discriminatory laws where children could not enjoy the same rights had their father's been British at the time of birth and is a summary only.

Commonwealth citizenship  Commonwealth of Nations in the  United Kingdom

Following South Africa's return to the Commonwealth in 1994, South Africans are treated as Commonwealth citizens in the United Kingdom and amongst other Commonwealth Countries (formerly British Subjects). This includes the following benefits:

• eligibility for the UK Working Holiday Visa scheme (no longer available since November 2008 (non-specific))^[4]
• eligibility for the UK Ancestry Visa (for those with a UK-born grandparent):

This is a five year's entry clearance (visa) which enables the holder to eventually apply for Indefinite Leave to Remain/ Enter (Permanent Residence) after five years of stay then eventually British Citizenship after a waiting period of one-year by Naturalization, which is in total 6 years of residence. Children (minor) of the qualifier are encouraged to join the UK Ancestry Visa holder as a dependent prior to their eighteenth as they will not be able to join the qualifier in the UK at the age of majority and will therefore be required to make their own method of entry unless they decide to join their parent's by switching from a Visa other than the Standard Visitor Visa (whilst in the UK) or whilst the parent is a Permanent Resident which is on an unlimited-time Family Visa, the child could become a British Citizen as well at a later date. There is no age restrictions for spouses. It is important to note that unlike other UK Work Visas, the Ancestry Visa cannot be revoked as it is ancestral right. Once the right is established, it is indefinite but the Visa will always need to be valid in order to use that right for entry/ re-entry into the United Kingdom of Great Britain and Northern Ireland.

Thus, if a Five Year Entry Clearance/ Visa is approved, it will be the qualifier's responsibility to ensure that the visa is valid throughout the length (they) anticipate to remain in the UK and Crown Dependencies. Once the initial Visa expires, it can be extended whilst in the UK or a new Visa can be applied for outside the UK but the right would then need to be re-established (not applicable for extensions of visas from the UK). It should be noted that border processing is less demanding when in possession a UK Ancestry Visa.

• the right, if +resident in the UK, to vote and hold public office in the UK
• the right to possess a British Emergency passport as a South African Citizen (Commonwealth Citizen) which is valid for one-year when there is no South African consulate or other Commonwealth consulate available.

+A non-British Citizen from another Commonwealth Nation residing in the UK can simply vote.

There are no specific concessions in terms of eligibility for British citizenship, and South Africans must meet the same rules for registration or naturalisation as citizens of any other foreign country. It was however possible for a citizen of the British Commonwealth (other than UK) to register as a British Subject: Citizen of the United Kingdom and Colonies (CUKC) prior to 1983 after 1 year's residence or even register without residing before 1961. South Africans that were in the United Kingdom after South Africa became a Republic were permitted to stay and even register as a CUKC. Those that left but did not register may have a Settled Status and can now register as a British Citizen. Those who do not have a Settled Status may apply for a Resident Return Visa if they are part of the Windrush Countries: Commonwealth Citizens that left the United Kingdom or never left.