Expat Forum For People Moving Overseas And Living Abroad banner

1 - 19 of 19 Posts

·
Registered
Joined
·
70 Posts
Discussion Starter · #1 ·
the dha website say every one need to be 10 years on permanent residence to apply for nautralization. some one told me they have change the act again some times ago to the previous act again to 5 years. can some one please confirm if the information is coorrect?
 

·
Registered
Joined
·
83 Posts
the dha website say every one need to be 10 years on permanent residence to apply for nautralization. some one told me they have change the act again some times ago to the previous act again to 5 years. can some one please confirm if the information is coorrect?
Hi Rubelbgdsa0,

I'm also interested in getting info on naturalisation procedure. The part of 10 years i believe is misinterpreted by the home affairs officials. Gazette 36054 that contains new immigration laws, whhich came into effect on 1 Jan 2013, mentions 10 years of ordinary residence NOT 10 years of permanent residence.

I remember seeking clarity on this 10 year period in Feb 2017 at Harrison street office and the home affairs official told me that it's 10 years of permanent res. before applying for naturalisation.

I understand there's even a court case that will be heard in March 2018 which involves this issue among others in the High court because DHA insisted on the 10 years of Permanent res. You can read about it on samigration.com/blog

Personally i am a permanent res (since Sept 2014) and i have lived in RSA for the past 13 years. I believe i already have 10 years of ordinary residence. So all in all i'm really interested in this topic and i look forward to the outcome of the court case.

Any one out there if you have info on this, let's share please

Please Legalman we need your input on this
 

·
Registered
Joined
·
83 Posts
Its crystal clear,10 years of permanent residence.Ordinary residence would mean all students who have studied in SA would be eligible for citizenship soon,impossible !

Furthermore the gazetted white paper on international migration seeks to further tighten the issuance of citizenship from the current 10 year permanent residence.

The granting of citezenship will be considered as being exceptional and requiring an executive decision by the Minister.A citizenship advisory council will be established and make recommendations to the Minister.The number of years spent in the country will not carry much weight when compared to the value added and security factors associated with the applicant.
 

·
Registered
Joined
·
83 Posts
Its crystal clear,10 years of permanent residence.Ordinary residence would mean all students who have studied in SA would be eligible for citizenship soon,impossible !

Furthermore the gazetted white paper on international migration seeks to further tighten the issuance of citizenship from the current 10 year permanent residence.

The granting of citezenship will be considered as being exceptional and requiring an executive decision by the Minister.A citizenship advisory council will be established and make recommendations to the Minister.The number of years spent in the country will not carry much weight when compared to the value added and security factors associated with the applicant.
Thanks Rozay for the input. I was hoping that the info on the home affairs website would match the info in the gazette. In a situation where the two don't match, i believe one should take the info in the gazette (because that is legislation). On the other hand since i have worked here for ten years and studied from here for 6 years, may be i will visit DHA again to show that i have been useful to RSA. Besides i qualified through "exceptional skills" category. Let's hope that will be useful
 

·
Registered
Joined
·
83 Posts
Be guided by Citizenship Amendment Act, 2010 (Act No. 17 of 2010) which came into operation on 1 January 2013.Here I note 2 mutual conditions : 5 years ORDINARY RESIDENT + 5 years PERMANENT RESIDENT. Note before recent directives you could only get PR after holding a visa for 5yrs.

So DHA have somehow modified this to 10years on PR.With 5yrs PR + 5yrs ordinary resident am afraid you will not even get citizenship unless you have the financial muscle to take DHA to court and have a legal battle on this legislation.
 

·
Registered
Joined
·
83 Posts
Be guided by Citizenship Amendment Act, 2010 (Act No. 17 of 2010) which came into operation on 1 January 2013.Here I note 2 mutual conditions : 5 years ORDINARY RESIDENT + 5 years PERMANENT RESIDENT. Note before recent directives you could only get PR after holding a visa for 5yrs.

So DHA have somehow modified this to 10years on PR.With 5yrs PR + 5yrs ordinary resident am afraid you will not even get citizenship unless you have the financial muscle to take DHA to court and have a legal battle on this legislation.

Thanks Rozay. I agree that " 5 years ORDINARY RESIDENT + 5 years PERMANENT RESIDENT" is the condition. However, on the DHA website they have changed this slightly to what you've said "10 years of PR" and i personally don't think the two mean the same thing. I obtained my PR quite quickly (only waited for 10 months since obtaining TRV) but for people that had to wait for 5 years on TRV, i think it's unfair to tell them to wait for another 10 years on Permanent res.

I understand citizenship is a privilege but clearly the condition of 10 years on PR, as stated on the DHA website, is outside the legislation.
 

·
Registered
Joined
·
83 Posts
Thanks Rozay. I agree that " 5 years ORDINARY RESIDENT + 5 years PERMANENT RESIDENT" is the condition. However, on the DHA website they have changed this slightly to what you've said "10 years of PR" and i personally don't think the two mean the same thing. I obtained my PR quite quickly (only waited for 10 months since obtaining TRV) but for people that had to wait for 5 years on TRV, i think it's unfair to tell them to wait for another 10 years on Permanent res.

I understand citizenship is a privilege but clearly the condition of 10 years on PR, as stated on the DHA website, is outside the legislation.
Mkhwebane says Home Affairs must review naturalisation regulations

The Public Protector has ordered the Home Affairs Minister to review the 10-year period to apply for naturalisation and ensure it aligns with the five-year period in the Citizenship Act.

The Public Protector received communication from 18 individuals who complained about the time it took for the department to finalise their applications for naturalisation. She received the complaints between 2014 and 2017.

Some complained about the department of home affairs’ decision to reject their applications for naturalisation on the basis that their applications were made before the expiry of 10 years after obtaining a permanent resident permit.

Others complained of the long period it took before their applications were adjudicated.

One of the complainants stated that he received his permanent resident permit in January 2008. He lodged his application for naturalisation in January 2013. The department informed him that his application was premature.

The eight complainants submitted their applications for naturalisation‚ and the response from the department took between 13 months and 48 months to advise them of the outcome of their applications.

Ten other complainants had waited for between 13 months and 48 months and they had not received the response from the department at the time of lodging their complaints.

The Public Protector‚ in her findings‚ said Section 5 of the Citizenship Act provided that a person may be naturalised five years after being resident in South Africa.

This was in contrast with Regulation 3(2) of the Act‚ which provides that the period referred to the Act for naturalisation is 10 years.

“The Regulations … ascribe a period of ordinary residence as 10 years contrary to the 5 year period specified in the Act‚” the Public Protector said in her report.

She said ten of the complainants had the permanent residence permits and had met the minimum requirement of five years immediately preceding the date of their applications.

“Despite meeting these requirements‚ the (department) disqualified them on the basis that their applications for naturalisation were premature‚” the Public Protector said in her report.

She said the department‚ in adjudicating the applications‚ improperly applied section 5(1)(c) of the Citizenship Act and said the 10-year period prescribed in the regulations was inconsistent with the provisions of the Act.

In her remedial action‚ the public protector said the minister must initiate a review of the regulations‚ specifically the 10-year period to apply for naturalisation‚ as this was inconsistent with the Citizenship Act. She said this must be done within three months.

She also said the director-general of the department must issue letters of apology to the complainants within 30 days after the issuing of the report.

She said the department must also review the naturalisation applications submitted by the complainants.

She said the director-general must‚ within six months of the report‚ publish standard operating procedures with turnaround times on how long it should take to adjudicate upon applications for naturalisation
 

·
Registered
Joined
·
83 Posts
Mkhwebane says Home Affairs must review naturalisation regulations

The Public Protector has ordered the Home Affairs Minister to review the 10-year period to apply for naturalisation and ensure it aligns with the five-year period in the Citizenship Act.

The Public Protector received communication from 18 individuals who complained about the time it took for the department to finalise their applications for naturalisation. She received the complaints between 2014 and 2017.

Some complained about the department of home affairs’ decision to reject their applications for naturalisation on the basis that their applications were made before the expiry of 10 years after obtaining a permanent resident permit.

Others complained of the long period it took before their applications were adjudicated.

One of the complainants stated that he received his permanent resident permit in January 2008. He lodged his application for naturalisation in January 2013. The department informed him that his application was premature.

The eight complainants submitted their applications for naturalisation‚ and the response from the department took between 13 months and 48 months to advise them of the outcome of their applications.

Ten other complainants had waited for between 13 months and 48 months and they had not received the response from the department at the time of lodging their complaints.

The Public Protector‚ in her findings‚ said Section 5 of the Citizenship Act provided that a person may be naturalised five years after being resident in South Africa.

This was in contrast with Regulation 3(2) of the Act‚ which provides that the period referred to the Act for naturalisation is 10 years.

“The Regulations … ascribe a period of ordinary residence as 10 years contrary to the 5 year period specified in the Act‚” the Public Protector said in her report.

She said ten of the complainants had the permanent residence permits and had met the minimum requirement of five years immediately preceding the date of their applications.

“Despite meeting these requirements‚ the (department) disqualified them on the basis that their applications for naturalisation were premature‚” the Public Protector said in her report.

She said the department‚ in adjudicating the applications‚ improperly applied section 5(1)(c) of the Citizenship Act and said the 10-year period prescribed in the regulations was inconsistent with the provisions of the Act.

In her remedial action‚ the public protector said the minister must initiate a review of the regulations‚ specifically the 10-year period to apply for naturalisation‚ as this was inconsistent with the Citizenship Act. She said this must be done within three months.

She also said the director-general of the department must issue letters of apology to the complainants within 30 days after the issuing of the report.

She said the department must also review the naturalisation applications submitted by the complainants.

She said the director-general must‚ within six months of the report‚ publish standard operating procedures with turnaround times on how long it should take to adjudicate upon applications for naturalisation


Thanks Rozay

I read this in the papers last week and i am keeping my fingers crossed, hoping home affairs will do the right thing and accept 5 years of PR as the condition and not 10 years of PR
 

·
Registered
Joined
·
70 Posts
Discussion Starter · #9 ·
I have seen one the news DRC couple has win the case and they have revived a court order. What’s about the people we are now who is been waiting to apply for citizenship and who didn’t meet the 10 years requirements?
 

·
Registered
Joined
·
280 Posts
congrats. How long did it take from day of application to date of collection. And how many years did you have on PR and in total in SA?
 

·
Registered
Joined
·
83 Posts
congrats. How long did it take from day of application to date of collection. And how many years did you have on PR and in total in SA?
Hi jollem, I haven't been naturalised yet. But there are people that deserved to be conglatulated for their ''long wait to freedom"
 

·
Registered
Joined
·
70 Posts
Discussion Starter · #14 ·
Update: I have been to barrack street, Cape Town this morning. The lady told me who ever got the PR for 5 years they can apply for citizenship.
 

·
Registered
Joined
·
83 Posts
Update: I have been to barrack street, Cape Town this morning. The lady told me who ever got the PR for 5 years they can apply for citizenship.
Forget what the lady told you.Be guided accordingly

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 updated requirements in areas of different applications around Citizenship:


NATURALISATION APPLICATIONS

Applications for naturalisation may only be received by the office if the applicant has been on a Permanent Residence Permit for a period of ten (10) years from the date of obtaining Permanent Residence (PR) in the Republic of South Africa. No application may be received by the office if the applicant has less than the prescribed ten (10) year period.
 

·
Registered
Joined
·
70 Posts
Discussion Starter · #16 ·
Huh!!!
I’m confused now. I asked her what about 10 years in the website. She said forget about 10 years. Asked me to bring PR, my ID and passport.
 

·
Registered
Joined
·
280 Posts
I recommend you go and apply and we all can learn from your experience. If she says you can apply then you should apply.
 

·
Registered
Joined
·
83 Posts
Huh!!!
I’m confused now. I asked her what about 10 years in the website. She said forget about 10 years. Asked me to bring PR, my ID and passport.
Hi rubelbgdsa0

That's great news. Some questions i have though: shouldn't we apply for naturalisation through the VFS, because i think Barack street office is DHA office.

Second, did you mean people who had already waited for 5 years before applying for PR OR people who have been on PR for 5 years (no matter for how long they held the TRP)?

Lastly, please go and apply so that we can get an update b'se clearly the 10 years for PR was unconstitutional.
 

·
Registered
Joined
·
70 Posts
Discussion Starter · #19 ·
10 years PR story was unconstitutional according to the Dha official.
U have to have 5 years of PR.

No vfs. U apply at barrack street home affairs.
 
1 - 19 of 19 Posts
Top