South Africa: Regulation for Naturalization of Children of Asylum Seekers and Refugees Implemented

Effective immediately, the Department of Home Affairs (DHA) has implemented a regulation permitting children of asylum seekers and refugees who were born in South Africa to naturalize when they reach the age of 18. When applying for naturalization, eligible individuals should include the following documents: a copy of proof of birth from a health facility, or, for individuals not born at a health facility, an affidavit signed by anyone present at the birth of the child; original copies of their parent’s asylum seeker visa or refugee status; a school report or letter from the principal where the child was registered for grade 1; proof of residence in South Africa since birth; and biometrics, among others. While this provision existed for years in South African law, it was never transposed into a DHA regulation and therefore was never implemented in practice. As a result, these individuals, when applying for naturalization, were required to provide an affidavit detailing the reasons why they were requesting citizenship along with proof of being registered in terms of the law regulating births and deaths in South Africa. The new regulations will ensure that children of asylum seekers or refugees who were born in South Africa do not become stateless.