Restored Citizenship: What Former South Africans Need to Know

On 6 May 2025, the South African Constitutional Court declared a provision of Section 6(2) of the South African Citizenship Act (Act 88 of 1995) as unconstitutional. The provisions of this section required citizens to apply for a Certificate of Retention of Citizenship (Certificate) before acquiring nationality of another country. Those who failed to do so lost their South African citizenship.

In practical terms, this meant that those South Africans who did not obtain the Certificate before acquiring citizenship of another country were no longer eligible to hold a South African passport as they had lost their citizenship. As they were born in South Africa, they retained right to permanent residency until they decided to apply for the resumption of citizenship.

In declaring Section 6(2) Of South African Citizenship Act unconstitutional, the Constitutional Court ruled that all South Africans who lost their citizenship under this section are deemed to have remained South African citizens. This means that the unannounced dual citizenship does not have a negative impact on the South African citizenship. One therefore does not require the Certificate going forward.

While this outcome is indeed a victory for many, it has also raised several practical questions for those affected. Chief among them include: “What steps must I now take to reclaim and exercise my restored citizenship?”

Next Steps: How to Travel Legally as a South African Citizen

If you hold dual citizenship, South African law requires you to enter and exit South Africa using a South African passport—regardless of any other citizenships you may hold.

Your top priority should be applying for a South African passport. This document not only allows you to travel to and from South Africa as a recognized citizen, but also serves as proof of your reinstated citizenship.

If you are living abroad, you can apply for a South African passport or identity document at your nearest South African diplomatic mission or through VFS Global (if available in your country).

In countries with more than one South African mission, like the United States, be sure to check which office serves your specific region before submitting your application. This information is typically available on the relevant mission's official website.

How to Apply for a South African Passport or Identity Document

Applications may be submitted in person at a diplomatic mission, by post to the relevant mission (if permitted), or through VFS Global (in select countries). Appointments may be required, depending on the diplomatic mission. For example, the South African Consulate in New York requires prior booking to manage the flow of applicants.

If visiting a mission in person is not feasible, postal applications may be accepted. For instance, in the US, applicants may send their passport applications via post to the mission covering their area. For applications submitted by post, verification with the mission beforehand is recommended.

South Africa has also outsourced passport and identity document application submissions to VFS Global in several countries. VFS offices currently assist applicants in the United Kingdom, Australia and New Zealand. Over the coming months, the Department of Home Affairs will open additional service centres in the United Arab Emirates and China. They will be followed by France, Germany and The Netherlands later this year, and North America in the new year. 

What Documents Are Required?

It is important to note that the South African passport application process is document-intensive. Documents required may include:

1. 1. 1. Valid South African ID book or smart ID card;
      2. Unabridged birth certificate (especially for minors);
      3. Marriage certificate or divorce decree, if applicable; and
      4. Completed passport application form and full set of fingerprints (for applicants aged 16 and above).

Fingerprinting Options for Your Application

In many countries, manual fingerprinting is no longer commonly available.

However, if you are in the US, you can typically have your fingerprints taken at local sheriff’s offices, police departments, or notary publics. These services usually charge a fee.

If you are submitting your application through VFS Global or at a newly established application center, fingerprinting will be done on-site at the time of your application submission, so no separate appointment is needed.

What About Children with Foreign Passports?

Children born to South Africans whose citizenship has now been restored may claim South African citizenship. They must first be registered as South African citizens at the nearest mission.

This process typically takes anywhere from four to 12 weeks, and requires child’s unabridged birth certificate, South African parent’s ID or passport, among other supporting documents.

Once registered, children can apply for South African passports. It is important to note that both parents must grant consent by signing the passport application. In a case where a passport application is made in-country, presence of both parents is required to grant consent in front of the official.

Can I Enter South Africa on a Foreign Passport?

While South Africa permits dual citizenship, the law requires South African citizens to enter and exit the country using their South African passports. This is important for legal compliance, avoiding entry restrictions and ensuring visa-free travel in and out of South Africa

What If I Don’t Have a South African Passport Yet?

Under the South African Citizenship Amendment Act 17 of 2004, it is illegal for adult citizens to enter or leave the country using a foreign passport. If a citizen does not yet have a valid South African passport, the citizen must apply for an Emergency Travel Certificate (ETC) at the nearest South African mission before travelling.

In some cases, the Border Management Authority (BMA) may allow entry on a foreign passport, but this is not guaranteed and should not be relied upon. If it is allowed Immediate application for a passport will be required upon arrival.

Moving Forward with Confidence

For South Africans whose citizenship has now been legally restored, the road ahead involves a few practical steps in securing a valid South African passport. With time, we expect the passport application process to be modernised allowing one to apply for it in the comfort of their homes.

We strongly advise using trusted advisors or immigration service providers to ensure your application is handled correctly and efficiently. Preparation, accuracy, and the right support will ensure a smooth return to full legal recognition as a South African citizen.

Need to Know More?

For more information regarding South African citizenship and broader immigration rules, please reach out to Sub-Saharan Africa Partner Lunga Mani at [email protected] and Director Johannes Tiba at [email protected].

This blog was published on 11 August 2025, and due to the circumstances, there are frequent changes. To keep up to date with all the latest updates on global immigration, please subscribe to our alerts and follow us on LinkedIn, Twitter, Facebook and Instagram.