Search
Contact
Login
IMPACT – MEDIUM
What is the change? The Western Cape High Court has ruled that people born to foreign parents in South Africa must be allowed to apply for citizenship, regardless of their date of birth.
What does the change mean? Up until now, the Department of Home Affairs had rejected applications from people born to foreign parents in South Africa before 2013, when an amendment to the country’s citizenship law took effect to allow children of foreign parents to apply for citizenship. The court ruled that the amendment should be applied retrospectively to applicants no matter when they were born.
Background: The case was brought by a group of people (now adults) who were born in South Africa to foreign parents. At issue was whether those born to foreign parents before 2013, when a 2010 amendment to South Africa’s citizenship law took effect, could apply for citizenship. DHA argued that the law should be applied only to children born in or after 2013, and that applicants born before then were not prejudiced because they were allowed to apply for permanent residence. The court disagreed, however, saying that the case involved constitutional entitlements, including the right to dignity, and that the statute should be applied retrospectively.
BAL Analysis: The ruling clears the way for thousands of people born in South Africa to foreign parents to apply for citizenship. Applicants must meet other citizenship requirements, including having a birth certificate to establish that they were born in South Africa and having lived in the country since their birth. Those with questions should contact BAL.
This alert has been provided by the BAL Global Practice group. For additional information, please contact your BAL attorney.
Copyright © 2017 Berry Appleman & Leiden LLP. All rights reserved. Reprinting or digital redistribution to the public is permitted only with the express written permission of Berry Appleman & Leiden LLP. For inquiries please contact copyribght@bal.com.
State Department data shows a dramatic increase in the number of visas issued last fiscal year. Colleges say the need Read More
Danish immigration authorities released new rules that update the work permit exemption policy for employees working within affiliated companies....
The Swiss government has set work permit quotas for 2024, leaving them unchanged for EU/EFTA, non-EU/EFTA and U.K. nationals. Quotas Read More
Canadian officials announced that a dedicated humanitarian pathway to provide permanent residence to Colombian, Haitian and Venezuelan foreign...