Discover important travel considerations for South African dual nationals after the Constitutional Court ruling on citizenship. Learn passport rules, visa tips, and festive season planning with expert guidance from Breytenbachs Immigration Consultants.

On 6 May 2025, the Constitutional Court of South Africa struck down section 6(1)(a) of the Citizenship Act, a ruling that offers renewed hope to thousands of South Africans abroad. Many who once believed they had lost their citizenship may now be eligible to have it confirmed through the process that the Department of Home Affairs is in the course of introducing. While full reinstatement is not automatic, the judgment marks a turning point for affected expatriates. With the festive season approaching, this development highlights the importance of planning ahead for travel, ensuring passports are valid, and seeking guidance to avoid complications.

Why planning ahead matters

The year-end period is traditionally one of the busiest times for visa and travel applications. With higher demand comes longer waiting times at embassies, consulates, and service providers such as VFS Global. To avoid unnecessary stress, South Africans planning to travel are strongly advised to apply for their visas, passports, and travel documents well in advance.

Dual nationality: Passport rules to remember

For those who hold more than one nationality, strict rules apply when travelling. Failure to comply could cause complications, delays, or even refusal of entry.

• Leaving and re-entering South Africa: South African citizens must use their valid South African passport.
• Travelling internationally: When entering or leaving another country, you must use either that country’s passport or the passport that grants you visa-free entry.
• Passport validity: Some destinations require that your passport be valid for at least six months beyond your date of entry. Ensure both your South African and foreign passports meet this requirement.

It is important to note that despite the Constitutional Court’s ruling, many South African Embassies, High Commissions, and Consulates abroad currently still require applicants to submit a South African retention letter when applying for a new passport. For affected persons who cannot provide such documentation, applications may prove difficult until the Minister of Home Affairs issues further directives. We will continue to monitor these developments closely.

Visa applications during the festive rush

Demand for visa appointments peaks towards the end of the year. Applications for UK visas, Irish entry clearance, and other popular destinations often experience seasonal backlogs. Submitting applications early provides peace of mind and allows you to focus on your travel plans instead of administrative hurdles.

How Breytenbachs Immigration Consultants can assist

BIC have decades of experience guiding clients through complex immigration matters. Our team can assist you with amongst others:

• Applications for the retention of South African citizenship.
• Comprehensive UK visa services, including visitor visa applications, skilled worker, ancestry, family, and settlement routes.
• Tailored Irish immigration advice for individuals and families.
• Guidance for dual nationals to ensure compliance with both South African and foreign travel rules.

Final thoughts

The Constitutional Court ruling presents a significant opportunity for South Africans abroad to reassess their citizenship status. Combined with the festive season’s travel demands, now is the time to prepare carefully. By acting early, ensuring your passports are valid, and submitting visa applications well in advance, you can minimise the risk of disruption to your travel plans.

Breytenbachs Immigration Consultants are here to provide professional, personalised support so that you can travel with confidence and peace of mind.

Contact us today!

AUTHOR

This article was drafted by JP Breytenbach, Director and Head of British Nationality Law.

DISCLAIMER

This article is intended for informational purposes only and does not constitute legal advice. Immigration laws are subject to change and eligibility depends on individual circumstances. We recommend seeking professional legal advice tailored to your specific case.

Also read: LOST CITIZENSHIP: CONSTITUTIONAL COURT JUDGMENT: SECTION 6(1)(A) OF THE SOUTH AFRICAN CITIZENSHIP ACT 88 OF 1995 DECLARED INVALID