Citizenship issues for children from parents with dual nationality
By Jacinda Olivier
The birth of children in the United Kingdom from South African parents often causes confusion about the citizenship of the children, as parents are not sure whether the child automatically receives British citizenship and what the case will be regarding the child’s South African citizenship. There is also even more confusion in cases where the parents have received British citizenship, and have since moved back to South Africa!
The consultants at Breytenbach’s Immigration have subsequently drafted a short guide on these issues. It is, however, important to keep in mind that these are broad guidelines and it is best to seek professional advice for your unique circumstances.
South African parents with dual citizenship
British citizenship for the child
If a baby is born from South African parents who have both British and South African citizenship, his/her citizenship will depend on where the child is born. If the child is born in Britain (i.e. British by birth), he/she will automatically be British, and the parents can simply apply for a British passport as soon as the child is born.
If the child is born outside of the UK (i.e. British by descent), the application will have to be made through the British High Commission in the country where the child is born.
South African citizenship
If the parents of the child hold dual nationality – South African and British citizenship – the child will also be able to apply for South African citizenship. The parents will need to register the child’s birth at the South African High Commission if born in the UK. This must be done shortly after the birth.
If the child is born in South Africa, the parents must simply register the birth at the Department of Home Affairs.
Parents who were born South African nationals must just ensure that they have gone through the process to retain their South African nationality status before British nationality was granted to them, if they qualified for their British nationality status through naturalisation.
Please email Breytenbachs at info@bic-immigration.com or visit our website for more information. You can also phone your nearest Breytenbachs on the following numbers: Durban – 031 880 2777, Cape Town – 021 830 5246 or Pretoria – 021 460 9959, or our London office at +44 207 442 2160.
Please note that the information in this article does not constitute professional advice. It is provided for general information purposes without any warranty of any kind, either expressed or implied.
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