# Permanent resident by birth



## alex713 (Jan 6, 2014)

Hello there,
I am new to this forum. I would like to introduce myself - I am Alex and have been reading here for quite a while and decided to join as I have some questions and I may help others as well.

My husband and I have been living in The Netherlands for 6 years and are slowly but surely planning on making our way back to South Africa. We have 2 children, both born in South Africa as well. My children and I have taken on Dutch citizenship, whereas my husband has retained his South African citizenship. By Dutch law, unfortunately I am obliged to give up my South African citizenship. I had to sign a declaration stating that I would not ask the SA authorities to retain mine and my children's citizenship. From what I understand, my children cannot lose their citizenship as they are both under 18 years old. Can anyone verify this for me? Thanks.

Secondly I needed to find out about my right to permanent residency due to being born in South Africa. I will have a Dutch passport but have the right to legally reside and work in South Africa. My question is - do I get a sticker in my Dutch passport from the South African embassy stating that I am a South AFrican permanent resident, or how do I go about doing this? When I arrive at customs in Johannesburg, what docs do I need to show them and would I have to go through the foreign queue in customs, or through the SA queue.

Thanks so much to anyone who could give me some advice - I so appreciate it. I am so excited to finally be heading home in the next few months - I have missed home so so much.


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## shumifan49 (Sep 18, 2013)

You should be able to go through "Resumption of citizenship" in RSA(look on DHA website), BUT as your Dutch citizenship does not allow dual nationality, you would then lose your Dutch citizenship. If you do not wish to get your SA citizenship back (retain your Dutch passport) then you have to do as any other foreign national would do and get a spousal visa and if you have a job offer apply for work endorsement.

The route to take will depend entirely on how long you intend to stay. If the move back is permanent then resumption of citizenship is the way to go otherwise, keep your Dutch passport and go through the visa pains - there are lots of posts on here on the process.

LegalMan will be able to advise more completely, but that is my take on your situation.


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## MissGlobal (Aug 4, 2012)

Welcome Alex! I don't envy your situation. I do feel blessed that I've been able to straddle dual citizenship without having to choose!


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## LegalMan (Dec 26, 2012)

No need to apply for SA citizenship, unless you are desperate to vote. Simply get your Permanent Residency which as you state is easy.


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## alex713 (Jan 6, 2014)

@ Miss Global - Having to choose is a tough decision and not one that I am happy about - crazy since so many of the European nations are now allowing dual citizenships, yet the Dutch only allow Dual for some citizens, and not for others, which is very wrong in my opinion  I have two children that I must think about and this opens a whole new world to them and gives them more choices in their adult life, which I think is important.

@ Legal Man - thanks for your reply. Do you you by any chance know the procedure for coming back into the country - do I need a letter from SA Consulate / or must I bring an old SA passport and ID book to present at customs? Thanks.


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## LegalMan (Dec 26, 2012)

> @ Legal Man - thanks for your reply. Do you you by any chance know the procedure for coming back into the country - do I need a letter from SA Consulate / or must I bring an old SA passport and ID book to present at customs? Thanks.


By any chance I do!  First of all, you'll need to find out if you are still "on SA's system".

To move forward on your own, read this webpage: Getting an Identity Document | Western Cape Government

Good luck!


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## alex713 (Jan 6, 2014)

@ LegalMan - I think you may have misunderstood my question. I know that as a permanent resident, I am entitled to an ID book and I know the procedures for getting one. What I am asking to someone/ anyone whether they know the procedures for actually entering the country as an EX South African from birth on a foreign passport. Even if the SA authorities have not cancelled my SA citizenship due to incompetence, I will still be entering the country through the foreign queue at OR Tambo airport. I do not want to do anything to jeopardise my Dutch Citizenship as it has been a long and painful journey to get there. When I hand over my Dutch passport to the customs official, surely they will want further documentation to prove that I am indeed an EX South African - I will be entering on a one way ticket and this will obviously raise questions - therefore I need to know, do I need a letter from the SA consulate here in Holland stating that I am a SA permanent resident from birth or any other type of documentation. If anyone does know the answer, I would be most grateful - thanks


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## LegalMan (Dec 26, 2012)

If you don't have a South African passport, you may encounter issues with a one-way ticket. So, I'd buy a two-way ticket (not much more expensive anyway, usually, and you can pay for a flexible return date).

There is no such documentation that I have ever heard of or organised for any client of ours that proves what you want, other than a passport. You cannot enter SA on an ID document.

Simply buy a two-way ticket and get your usual 90 days visa. Don't make complications for Home Affairs where there are none - they will mess up your situation royally.

Trust me, I have seen it.


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## alex713 (Jan 6, 2014)

@ LegalMAn - thanks so much. So I will then buy a two way ticket (good excuse to come back and visit my friends anyway) and enter on a 90 day tourist visa. Once in the country, I will then apply for permanent residency. 

Appreciate your help


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## MissGlobal (Aug 4, 2012)

Does anyone know how the 2-way ticket thing works? Since American's don't need to apply for a visa to enter SA, my husband would always come in and just show his passport. The agents never asked to see a return ticket. Do the immigration staff know who has a one way vs return?


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## shumifan49 (Sep 18, 2013)

AFAIK the check is done at ticket checking on departure. If it is a one-way ticket they expect to find an extended stay visa/permanent residence stamp in the passport. This is done as otherwise the airline is responsible for returning the person to the point of departure if the required visa has not been obtained.


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## MissGlobal (Aug 4, 2012)

Ahhhh!


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## LegalMan (Dec 26, 2012)

It differs between immigration officer, the time of day, when they last had a beer and how you dress. In other words, anything can happen.

However, entering SA as a foreigner means that our immigration officials will want to know that you are going to leave again sometime. So they should actually check your husband's airplane ticket if he is only coming over on a visitor's visa.


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## MissGlobal (Aug 4, 2012)

Interesting - well mine must have been lazy because neither my husband or daughter were ever hit up for return tickets at point of entry. Of course now it doesn't matter as she got her citizenship sorted and he's got PR....


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## Saartjie (Mar 1, 2010)

MissGlobal said:


> Interesting - well mine must have been lazy because neither my husband or daughter were ever hit up for return tickets at point of entry. Of course now it doesn't matter as she got her citizenship sorted and he's got PR....


Interesting indeed as I have never had to show my ticket when I entered on a visitors permit (about 5 or 6 different times).


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## shumifan49 (Sep 18, 2013)

> Interesting indeed as I have never had to show my ticket when I entered on a visitors permit (about 5 or 6 different times).


When you try to buy a one way ticket the airlines will insist on seeing a correct visa in your passport. They might waive this inspection on a return ticket as they are covered for the return flight.
Having said that; The immigration officals can check your ticket at their whim. If you are on a visitors visa, I seem to remember reading on the DHA website, they can, if you have a one way ticket, require you to deposit the amount required to cover a return ticket, or refuse entry. If they refuse entry, the airline might become liable to return you to your original destination, which is why they are quite strict on non-return tickets.

Note that return ticket does not have to be a return ticket, it might be a ticket for onward travel.


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