South African Citizenship Act, 1995 (Act No. 88 of 1995)

Regulations

Regulations on the South African Citizenship Act, 1995

3. Certificate of naturalisation

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(1)An application for naturalisation as a South African citizen in terms of section 5(1) of the Act must be in a form containing substantially the information indicated in Annexure 1 (DHA-63), and must be accompanied by the following supporting documents:
(a)The applicant's permanent residence permit;
(b)a police report, not older than six months from the date of issue;
(c)the applicant's foreign passport;
(d)if the marital status has changed, the marriage or death certificate;
(e)the original identity document, or, in the case a of a child, an original birth certificate.
(f)proof of knowledge of one of the South African official languages;
(g)copy of identity document for permanent residents;
(h)proof of employment and duration thereof; and
(i)proof of fixed property, if any.

[Regulation 3(1) substituted by section 3(a-b) of the Amendment Regulations on the South African Citizenship Act, 1995, Notice No. 3535, GG48777, dated 12 June 2023]

 

(2)

(a)The period of ordinary residence referred to in section 5(1)(c) of the Act is five years immediately preceding the date of application for naturalisation.

[Regulation 3(2)(a) substituted by section 3(c) of the Amendment Regulations on the South African Citizenship Act, 1995, Notice No. 3535, GG48777, dated 12 June 2023]

(b)Any person who lodges an application for naturalisation must, at the time of his or her application, not have been absent from the Republic for a period of more than 90 days in any year during the five-year period of ordinary residence immediately preceding the date of application for naturalisation.
(c)Any person who has been absent from the Republic for a period of more than 90 days in any year during the five-year period of ordinary residence immediately preceding the date of application for naturalisation does not qualify for naturalisation.

 

(3)An application for naturalisation as a South African citizen with regard to a minor child in terms of section 5(4) of the Act, must be made by completing Part E of Annexure 1 (DHA-63), as part of an application for a family.

 

(3A)Application in terms of section 4(3) of Act
(1)An application for naturalisation as a South African citizen in terms of section 4(3) of the Act must be in a form containing substantially the information indicated in Annexure 1A (DHA63A), and must be accompanied by the following supporting documents:
(a)in the case of an applicant born of asylum seekers or refugees-
(i)the original DHA-19 Form issued to the applicant upon registration of his or her birth in terms of the Births and Deaths Registration Act;
(ii)a copy of proof of birth issued by the  health facility  in which  the applicant was born;
(iii)the original copies of the applicant's parents' asylum seeker visa or refugee status issued in terms of the Refugees Act;
(iv)where applicable, the refugee identity documents of the applicant's parents;
(v)where  applicable,  the  original  refugee  travel  documents  of  the applicant's parents;
(vi)where applicable, the original copies of the death certificates, and citizenship at the time of death, of the applicant's parents;
(vii)the applicant's asylum seeker visa or refugee status issued in terms of the Refugees Act;
(viii)where applicable, the original of the applicant's travel document;
(ix)a school report, or a letter from the principal with an extract of the school register, of the primary school in which the applicant was registered for Grade 1;
(x)proof of residence of the applicant from the date of birth to the date of application as contemplated in section 4(3) of the Act;
(xi)proof of knowledge of one of the South African official languages; and
(xii)biometrics of the applicant.
(b)in the case of an applicant born of foreigners not admitted for permanent residence—
(i)the original DHA-19 Form issued to the applicant upon registration of his or her birth in terms of the Births and Deaths Registration Act;
(ii)a copy of  proof of birth issued by the  health facility in which the applicant was born;
(iii)the original copies of the applicant's parents' temporary residence visas issued in terms of section 10(2) of the Immigration Act;
(iv)a valid passport or travel documents of the applicant's parents;
(v)where applicable, the original copies of the death certificates, and citizenship at the time of death, of the applicant's parents;
(vi)the original copy of the applicant's temporary residence visa issued in terms of section 10(2) of the Immigration Act;
(vii)where  applicable, the original passport or travel document  of the applicant;
(viii)a school report, or a letter from the principal with an extract of the school  register, of the primary school  in which the applicant was registered for Grade 1;
(ix)proof of residence of the applicant from the date of birth to the date of application as contemplated in section 4(3) of the Act;
(x)proof of knowledge of one of the South African official languages; and
(xi)biometrics of the applicant.
(2)For the purposes of this regulation, registration of birth in terms of the Births and Deaths Registration Act means that the birth of the child was registered within 30 days of the date of birth in terms of section 9 of the Births and Deaths Registration Act, read with regulation 7(2)(b) or 8 of the Regulations on the Registration of Births and Deaths, as the case may be.

Regulation 3(3A) inserted by section 4 of the Amendment Regulations on the South African Citizenship Act, 1995, Notice No. 3535, GG48777, dated 12 June 2023]

 

(4)All members of the family of the applicant included in the application for naturalisation, including the applicant, must qualify to be issued with a certificate of naturalisation.

 

(5)A certificate of naturalisation as a South African citizen in terms of section 5 of the Act must be in a form containing substantially the information indicated in Annexure 2 (DHA-64E).

 

(6)A South African citizen by naturalisation may be deprived of his or her citizenship in terms of section 8 of the Act.