What can I do if Home Affairs is taking long to process my son's citizenship application and my visa is expiring soon?

The long answer

The South African Citizenship Act, 1995 (Act 88 of 1995) was amended by the South African Citizenship Amendment Act, 2010 (Act No. 17 of 2010) which came into operation on 1 January 2013. It brought in new requirements for claiming citizenship. This is what the South African High Commission says: A child born outside South Africa and of which at least one of the parents was a South African citizen at the time of the child's birth has a claim to South African citizenship by descent. The child's birth must, however, be registered in South Africa for the child to acquire South African citizenship.

Foreign Birth Registration, according to Home Affairs:

• All births registered by the Department are in terms of the Births and Deaths Registration Act. There is no exclusion or separate requirements for foreign birth registrations;
• Supporting documents must be attached to an application as prescribed in the Births and Deaths Registration Act. Only complete applications with required supporting documents will be accepted and processed for Foreign Birth Registration;
• Offices must ensure that parents/grandparents birth certificates are attached with every application submitted. Without these no application will be processed. 

Requirements:

• Application form Notice of Birth (DHA 24);
• DHA 529 (applicant, parents duly fully completed);
• Full birth certificate of the applicant;
• Front office will verify birth certificate of the applicant’s age from 15 years and above with the country of origin (embassy);
• Marriage certificate if the parents are married or both parents must acknowledge paternity;
• Proof of birth/citizenship of the South African parent;
• Police report from country of origin as well as one from South Africa (15 years and above);
• An interview report for both the applicant and the South African parent (15 years and above);
• Proof of Paternity / DNA tests (15 years and above).

To apply for South African citizenship by descent, you will need to submit the following documents to the Department of Home Affairs:

• Form DHA-24 to register your birth;
• Form BI-24, signed by both parents if your parents were unmarried at the time of your birth, to confirm paternity;
• Forms DHA-529
• Your birth certificate;
• Your parents’ marriage certificate (if applicable);
• Form DHA-9, the application form for an identity document, along with two ID photographs (for those aged 15 years and over);
• Proof of your parents’ identity;
• If applicable, proof of your parents’ foreign citizenship.

As I understand from your email, you have done all these things, but you have still not got a response from Home Affairs.

As you probably know, Home Affairs has a huge backlog of applications, and many people are severely disadvantaged by the department’s dysfunctionality. The problem is that if your visa runs out before they get onto your application, you are in danger of being deported and then they can ban you from coming back for the next five years as an undesirable person. 

Since Home Affairs has proved more responsive to a stronger legal voice than inquiries made by an ordinary person, I think your best option would be to urgently consult with one of the following organisations which have had a great deal of experience in dealing with Home Affairs:

• Lawyers for Human Rights

Musina 015 534 2203

Durban: 031 301 0531

Pretoria: 012 320 2943

Johannesburg: 011 339 1960

Cape Town: 021 424 8561

• Legal Resources Centre

Email:info@lrc.org.za

Johannesburg: 011 836 9831

Cape Town: 021 481 3000.

• Pro Bono, a legal organisation that will take a case on without charge, if they think it is in the public interest:

Email: info@probono.org.za

Johannesburg: 011 339 6080

Cape Town: 087 806 6070/1/2

Wishing you the best,
Athalie