Important Updates
Important Updates
December 12, 2025 | PolandPoland: Extensive Reforms Include Digital-Only Rule for Residence Permits and Work Permit Exemption Restrictions
December 12, 2025 | BelgiumBelgium: Shortage Occupation List Updates in Wallonia and Flanders
December 12, 2025 | United States, United KingdomLeading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup
December 12, 2025 | 🌐Minimum Salary Changes Announced
December 12, 2025 | United States, New ZealandNewstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?
December 12, 2025 | PolandPoland: Extensive Reforms Include Digital-Only Rule for Residence Permits and Work Permit Exemption Restrictions
December 12, 2025 | BelgiumBelgium: Shortage Occupation List Updates in Wallonia and Flanders
December 12, 2025 | United States, United KingdomLeading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup
December 12, 2025 | 🌐Minimum Salary Changes Announced
December 12, 2025 | United States, New ZealandNewstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?
December 12, 2025 | PolandPoland: Extensive Reforms Include Digital-Only Rule for Residence Permits and Work Permit Exemption Restrictions
Subscribe
Fragomen.com home
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
Search Fragomen.com
  • Our Services
    For EmployersFor IndividualsBy IndustryCase Studies
  • Our Tech & Innovation
  • Our People
  • Our Insights
    Worldwide Immigration Trends ReportsMagellan SeriesImmigration AlertsEventsMedia MentionsFragomen NewsBlogsPodcasts & Videos
  • Spotlights
    Navigating Immigration Under the Second Trump AdministrationFragomen Consulting EuropeImmigration Matters: Your U.S. Compliance RoadmapCenter for Strategy and Applied InsightsVietnamese ImmigrationView More
  • About Us
    About FragomenOfficesResponsible Business PracticesFirm GovernanceRecognition

Our Services

  • For Employers
  • For Individuals
  • By Industry
  • Case Studies

Our Tech & Innovation

  • Our Approach

Our People

  • Overview / Directory

Our Insights

  • Worldwide Immigration Trends Reports
  • Magellan Series
  • Immigration Alerts
  • Events
  • Media Mentions
  • Fragomen News
  • Blogs
  • Podcasts & Videos

Spotlights

  • Navigating Immigration Under the Second Trump Administration
  • Fragomen Consulting Europe
  • Immigration Matters: Your U.S. Compliance Roadmap
  • Center for Strategy and Applied Insights
  • Vietnamese Immigration
  • View More

About Us

  • About Fragomen
  • Offices
  • Responsible Business Practices
  • Firm Governance
  • Recognition
Select Language
  • English
  • French
  • French - Canadian
  • German

Select Language

  • English
  • French
  • French - Canadian
  • German
ContactCareersMediaClient Portal
  • Insights

Restored Citizenship: What Former South Africans Need to Know

August 11, 2025

Restored Citizenship: What Former South Africans Need to Know

Country / Territory

  • South AfricaSouth Africa

Related contacts

Porthole headshot image of Fragomen [Johannesburg][SeniorManager][TibaJohannes]

Johannes Kgotso Tiba

Director

Johannesburg, South Africa

Email

[email protected]

T:+27 (0) 11 684 9051

Related offices

  • Johannesburg

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole headshot image of Fragomen [Johannesburg][SeniorManager][TibaJohannes]

Johannes Kgotso Tiba

Director

Johannesburg, South Africa

Email

[email protected]

T:+27 (0) 11 684 9051

Related offices

  • Johannesburg

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole headshot image of Fragomen [Johannesburg][SeniorManager][TibaJohannes]

Johannes Kgotso Tiba

Director

Johannesburg, South Africa

Email

[email protected]

T:+27 (0) 11 684 9051

Related offices

  • Johannesburg

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

By: Johannes Kgotso Tiba

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: β€œWhat 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 passportβ€”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. 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 ourβ€―alertsβ€―and follow us onβ€―LinkedIn, Twitter, Facebookβ€―andβ€―Instagram. 

Country / Territory

  • South AfricaSouth Africa

Related contacts

Porthole headshot image of Fragomen [Johannesburg][SeniorManager][TibaJohannes]

Johannes Kgotso Tiba

Director

Johannesburg, South Africa

Email

[email protected]

T:+27 (0) 11 684 9051

Related offices

  • Johannesburg

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole headshot image of Fragomen [Johannesburg][SeniorManager][TibaJohannes]

Johannes Kgotso Tiba

Director

Johannesburg, South Africa

Email

[email protected]

T:+27 (0) 11 684 9051

Related offices

  • Johannesburg

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Related contacts

Porthole headshot image of Fragomen [Johannesburg][SeniorManager][TibaJohannes]

Johannes Kgotso Tiba

Director

Johannesburg, South Africa

Email

[email protected]

T:+27 (0) 11 684 9051

Related offices

  • Johannesburg

Share

  • Twitter
  • Facebook
  • LinkedIn

Share

  • Twitter
  • Facebook
  • LinkedIn

Explore more at Fragomen

Video

Minimum Annual Remuneration Threshold Increases for Employment Permits in Ireland | #MobilityMinute

In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.

Learn more

Media mentions

Leading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup

Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.

Learn more

Media mentions

Newstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?

Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.

Learn more

Media mentions

Times of India: The Trump Gold Card: All That Glitters Is Not Gold for Indians

Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.

Learn more

Video

Apostille vs. Legalisation | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.

Learn more

Media mentions

Sports Illustrated: 2026 World Cup Visitors to US Set to Face Extreme Social Media Scrutiny

Partner Bo Cooper highlights that visitors to the US under the visa waiver program for the 2026 World Cup could face a more extensive ESTA application process.

Learn more

Media mentions

New India Abroad: Firms Ensuring H-1B Workers in US to Avoid New Fee, Says Top Immigration Lawyer

Partners Aaron Blumberg and K. Edward Raleigh outline how recent US visa policy changes affect H-1B and H-4 workers and how employers are adjusting compliance and work authorization processes.

Learn more

Media mentions

Tagesspiegel: ArbeitskrΓ€fte aus dem Nahen Osten: Neue Partnerschaft erleichtert Immigration

Senior Manager Katharina VorlΓ€nder emphasizes the importance of legal support in helping skilled professionals navigate work-based immigration to Germany.

Learn more

Blog post

UK Expands HPI Visa: What’s New in 2025

The UK expands its High Potential Individual (HPI) visa for 2025, broadening eligibility for global graduates and entrepreneurs while introducing new requirements and application caps

Learn more

Media mentions

The New York Times: US Plans to Scrutinize Foreign Tourists’ Social Media History

Partner Bo Cooper discusses the US proposal to expand social media screening for visitors from visa waiver countries and the broader shift it represents in travel vetting.

Learn more

Video

UK Widens Access to the High Potential Individual Visa to Attract the World’s Top Graduate Talent | #MobilityMinute

The latest Mobility Minute features Manager Alex Hood discussing recent updates to the UK’s High Potential Individual route, including expanded university eligibility, a new annual cap and modernized governance measures.

Learn more

Media mentions

International Organisation of Employers: The Gulf Experience: Building a Skilled Workforce in the UAE

Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.

Learn more

Video

Minimum Annual Remuneration Threshold Increases for Employment Permits in Ireland | #MobilityMinute

In the Mobility Minute, Practice Leader Colm Collins outlines upcoming changes to Ireland’s employment permit qualifying criteria and the steps employers should take ahead of the 1 March 2026 implementation.

Learn more

Media mentions

Leading Britain's Conversation: The US Wants to Review Your Instagram Stories - Just in Time for the World Cup

Partner Charlotte Slocombe discusses what travellers to the US under the Visa Waiver Program need to disclose and consider before travelling.

Learn more

Media mentions

Newstalk ZB: Explained: Do Prospective Kiwi Tourists to the US Need to Be Careful?

Counsel Brian Hunt discussed US Customs and Border Protection's proposed changes to the ESTA application process regarding social media and additional personal information.

Learn more

Media mentions

Times of India: The Trump Gold Card: All That Glitters Is Not Gold for Indians

Senior Counsel Mitch Wexler explains key considerations for Indian applicants under the new Gold Card program.

Learn more

Video

Apostille vs. Legalisation | #MobilityMinute

In this Mobility Minute, Manager Maja Sugui outlines key legalisation requirements when the Apostille Convention does not apply or when country-specific exceptions exist.

Learn more

Media mentions

Sports Illustrated: 2026 World Cup Visitors to US Set to Face Extreme Social Media Scrutiny

Partner Bo Cooper highlights that visitors to the US under the visa waiver program for the 2026 World Cup could face a more extensive ESTA application process.

Learn more

Media mentions

New India Abroad: Firms Ensuring H-1B Workers in US to Avoid New Fee, Says Top Immigration Lawyer

Partners Aaron Blumberg and K. Edward Raleigh outline how recent US visa policy changes affect H-1B and H-4 workers and how employers are adjusting compliance and work authorization processes.

Learn more

Media mentions

Tagesspiegel: ArbeitskrΓ€fte aus dem Nahen Osten: Neue Partnerschaft erleichtert Immigration

Senior Manager Katharina VorlΓ€nder emphasizes the importance of legal support in helping skilled professionals navigate work-based immigration to Germany.

Learn more

Blog post

UK Expands HPI Visa: What’s New in 2025

The UK expands its High Potential Individual (HPI) visa for 2025, broadening eligibility for global graduates and entrepreneurs while introducing new requirements and application caps

Learn more

Media mentions

The New York Times: US Plans to Scrutinize Foreign Tourists’ Social Media History

Partner Bo Cooper discusses the US proposal to expand social media screening for visitors from visa waiver countries and the broader shift it represents in travel vetting.

Learn more

Video

UK Widens Access to the High Potential Individual Visa to Attract the World’s Top Graduate Talent | #MobilityMinute

The latest Mobility Minute features Manager Alex Hood discussing recent updates to the UK’s High Potential Individual route, including expanded university eligibility, a new annual cap and modernized governance measures.

Learn more

Media mentions

International Organisation of Employers: The Gulf Experience: Building a Skilled Workforce in the UAE

Managing Partner for the Middle East and Africa Murtaza Khan discusses how the UAE’s flexible migration policies attract talent and support a competitive labour market.

Learn more

Stay in touch

Subscribe to receive our latest immigration alerts

Subscribe

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Our firm

  • About
  • Careers
  • Firm Governance
  • Media Inquiries
  • Recognition

Information

  • Attorney Advertising
  • Legal Notices
  • Privacy Policies
  • UK Regulatory Requirements

Have a question?

Contact Us
  • LinkedIn
  • Youtube
  • Instagram
  • Facebook
  • Twitter

Β© 2025 Fragomen, Del Rey, Bernsen & Loewy, LLP, Fragomen Global LLP and affiliates. All Rights Reserved.

Please note that the content made available on this site is not intended for visitors / customers located in the province of Quebec, and the information provided is not applicable to the Quebec market. To access relevant information that applies to the Quebec market, please click here.