Why use Apostil for document notarisation?

Saving you time: We queue for you, we apply on your behalf, we call and travel many times to follow up on your applications and then collect once ready. Usually, we receive documents much, much faster than if you had applied alone, especially if you are based outside of South Africa. You save masses of time using our services.

Why use Apostil for document notarisation?

Experience and know-how: We are a reputable firm with an extensive track record. Other providers are typically back-street operators or single operators – be aware as your personal documentation is at stake. If your documentation has errors, we attempt to have this corrected, usually at no extra cost.

Apostil – Where are we based?

Apostil.co.za has various office addresses in the Western Cape and Gauteng. You can only courier them to us, please enquire for the address (depends on your requirement). We also offer a delivery and collection service within SA and globally, through DHL, The Courier Guy and other companies. To reiterate, we only accept documentation, couriered, to our addresses.

Keep Your South African Citizenship When Moving Abroad

For South Africans planning a permanent move overseas, securing a foreign passport is often the ultimate goal for global mobility. Whether you are relocating to the United Kingdom on an Ancestry Visa, moving to Australia, or settling in Europe, acquiring a new nationality represents an exciting professional and personal milestone. But can you keep your South African citizenship when moving abroad?

Many South Africans inadvertently commit a critical, sometimes irreversible error: they assume they can automatically hold dual citizenship without checking the local legal framework.

Under South African law, if you acquire foreign citizenship by a voluntary and formal act without receiving prior permission from the government, you automatically lose your South African citizenship. This guide explains the legal mechanisms of Section 6(2) of the South African Citizenship Act and outlines the exact steps required to protect your status.

Understanding the Law: The Trap of Automatic Forfeiture

The legal framework governing this process is the South African Citizenship Act 88 of 1995. Section 6(1) states clearly that an adult citizen shall cease to be a South African citizen if they acquire the citizenship of another country by a voluntary and formal act.

The keyword to understand here is “voluntary”. If you acquire foreign citizenship automatically by birth or because of a direct parental lineage, your South African status is generally secure. However, if you actively apply for naturalisation in a foreign country, such as completing your required residency years in the United Kingdom and applying to become a British citizen, the law views this as a voluntary act.

The exact moment that foreign citizenship is granted, your South African citizenship vanishes in the eyes of the Department of Home Affairs (DHA), unless you have obtained a specific legal waiver beforehand.

The Solution: The Letter of Retention

To prevent the automatic loss of your citizenship, you must apply for and be granted a formal Letter of Retention of South African Citizenship before you take your foreign oath of allegiance or formally accept your new nationality.

This process is a formal request under Section 6(2) of the Act, which grants the Minister of Home Affairs the power to allow you to retain your South African citizenship. Once issued, this document protects your legal status, allowing you to hold dual citizenship lawfully and travel on both passports without legal friction.

Who Needs to Apply?

Any South African citizen aged 18 or older who is about to naturalise in a foreign state.
Individuals who have lived abroad on long-term visas (such as Indefinite Leave to Remain in the UK or Permanent Residency in Australia) and are now upgrading to full citizenship.

Please note that minors (under the age of 18) are exempt from this requirement and do not lose their South African citizenship when acquiring a foreign one through their parents.

Step-by-Step: Securing Your Letter of Retention

The administrative path to securing dual citizenship involves navigating multiple layers of bureaucracy. The application must be compiled and submitted to the Department of Home Affairs domestically or via a South African embassy or high commission abroad.

Document Checklist To initiate the process, you must compile a specific portfolio of documentation:
Form BI-1664: The formal application for retention of South African citizenship.
Form BI-529: Determination of citizenship status form (used to verify your current legal standing with the state).
Certified Copies: Your current, valid South African passport and your Smart ID card or green barcoded identity book.
Proof of Foreign Status: Official documentation showing your current immigration status in your host country, confirming that you have not yet been granted full citizenship.
Timelines and Delays If you attempt to log this application directly through South African foreign missions or wait in the standard lines at Home Affairs branches domestically, the turnaround time can stretch from several months to over a year. This delay creates a logistical nightmare if your foreign naturalisation ceremony is already scheduled, as you cannot safely attend the ceremony without the Letter of Retention in hand.

The Consequences of Getting It Wrong

Failing to secure your Letter of Retention before naturalising means you lose your citizenship by operation of law. While you retain the right to permanent residence in South Africa if you were born there, you lose your right to vote, your South African passport will be cancelled, and navigating property ownership, local banking, or inheritance can become significantly more complex.

To regain your citizenship later, you have to undergo a protracted, expensive application process for resumption, which often requires returning to live in South Africa permanently for a specified period.

Secure Your Global Future Without Losing Your Roots

Dual citizenship offers the best of both worlds: the freedom to explore global opportunities alongside an open door to your home country. Do not let administrative delays or missed steps put your South African heritage at risk.

Contact the team at Apostil.co.za to manage your Letter of Retention. Our expedited document services handle the bureaucracy for you, keeping your global relocation completely on track.

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