# Resumption of citizenship?



## shumifan49 (Sep 18, 2013)

I want to return to South Africa and have the follwoing questions:
I left South Africa in 1990 and got naturalised in 1997. Looking at the DHA website it seems I have lost my SA citizenship as the naturalisation was after October 1995. However, when I check my ID number on the DHA website it show 'alive' and replaces the number I entered with a new number(007 at end changed to 080). Does it mean it is active and valid and I can apply for an ID card here in the UK? Note that I cannot find my old ID Book.

If it is no longer active or I need the old ID book, which visa is the best to enter on before applying for citizen resumption? I could enter on a retirement visa, but would be light on R40k per month required from external income, although I would bring R5m (could be more, but I want to leave some in UK) and would have about R15k pm from UK pension. It would be me and my spouse, she is on a Slovak passport(EU).
I guess my wife would have to be on a temporary visa until I have my ID back and she can apply for permanent residency based on the marriage.


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## shumifan49 (Sep 18, 2013)

Sorry to nudge this.
Note I am 65 and could also enter on a retirement visa - hence the R40k monthly income requirement(R20k per person for me and my wife).
I would most likely buy a second property to let in RSA and supplement my local income. I would also rent out a UK property generating another R15k, but this is not pension and I it is not clear from the DHA website whether such income would qualify towards the R40k.
Any advice from anybody, please!


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## MissGlobal (Aug 4, 2012)

Just nudging again for you


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## Jem62 (Jul 25, 2012)

I returned to SA with a UK passport and went to HA and applied for a new ID Book and passport, within two months I had both. They were completely unconcerned at the CT HA about resumption of citizenship though I'd been away for a long time. I would try it this way, it is HA business to interpret how the law applies to your application.


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## shumifan49 (Sep 18, 2013)

Jem62 said:


> I returned to SA with a UK passport and went to HA and applied for a new ID Book and passport, within two months I had both. They were completely unconcerned at the CT HA about resumption of citizenship though I'd been away for a long time. I would try it this way, it is HA business to interpret how the law applies to your application.


Did you get your UK naturalisation before October 1995; that is a different case.


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## LegalMan (Dec 26, 2012)

Were you a South African citizen before you left? What you did in the UK doesn't affect anything, but how long you stayed away may affect things if you weren't a citizen.

If your number is "alive" on the database, you'll probably get your ID book quickly. But I'd do a check on your citizenship. I'm quite sure you can do all this in the UK. Your wife can simply apply for a Spousal Permit - is she married to you for more than 5 years? If yes, she can apply for Temporary and Permanent Residency together.

Good luck on returning!!

PS: One can apply for a Retired Person's Permit from the ripe age of 18. And you are actually allowed to work on such a permit, too. Strange, but true.


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## shumifan49 (Sep 18, 2013)

@LegalMan-thanks for your response.

I was born in South Africa and lived there until I was 40(1990) at which time I moved to the UK and got naturalised in 1997, without prior permission for dual citizenship. I have lived with my partner for 9 years, but we are getting married in December, hoping it will ease her entry(she is not RSA or UK citizen) to RSA. I also did complete the financial emmigration procedure with the RSA Reserve Bank when leaving-I am not sure whether this affects citizenship records or just tax status. My ID shows 'Live', but again I am not sure whether it means 'active' or just 'not dead'.
I will apply for my id card and see what happens, but I am wary that later it might backfire causing problems. This is my problem, I always try to be on the right side of the law.

@jem62: See my response to your post. Thanks for taking the trouble to answer.


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## LegalMan (Dec 26, 2012)

In that case, you should definitely apply for a temporary residency permit once you enter into SA and apply for Determination of Citizenship, as you have a *high* chance of your citizenship being reinstated as you were born in SA.

As a side note:
You mentioned staying on the right side of the law, and while I do not condone the following, some people would use this to get a result quickly:
You could apply for a South African passport and ID with a copy of your birth certificate, along with a police affidavit that your previous documents were stolen.


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## shumifan49 (Sep 18, 2013)

@LegalMan:
Thanks, but I rather stay out of prison LOL.


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## LegalMan (Dec 26, 2012)

No-one would ever be able to prove you wrong and there is no possible way of going to prison, but it's just immoral, I suppose. I could "lose" my ID book and apply for another tomorrow and there's no way of proving I didn't lose it.

Definitely go ahead with the advice about Determination of Citizenship - all should go quickly since you were born in SA.


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