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| info@breytenbachs.com | ||
| Wed, 10/3/2010 | ||
Question:
I obtained my UK Citizenship through naturalization, and now it seems as if I have lost my South African Citizenship. I was never aware that I had to apply for permission from the South African authorities before taking up my second nationality, and when I now wanted to apply for another South African passport, I was made aware of this fact. What do I do now?
Answer:
If a South African Citizen takes up a second nationality through naturalization, it is seen by the South African authorities as a voluntary act, and as such, if one do not apply for permission from the South African authorities before the second nationality is obtained, South African Citizenship is automatically lost. There are two sub categories which are divided by a date line:
In this category the applicant would potentially have automatically lost his/her South African Citizenship on the date of acquisition of the citizenship of another country. However, Section 26(4) of the 1998 amendments to the South African Citizenship Act determines that the Minister may exempt a person who have ceased to be a South African Citizen from having lost his/her citizenship. The administrative process which would need to be followed would be that the applicant is required to file an application for Exemption in regard to the loss of South African Citizenship. This application must be accompanied by an application for Determination of status, unless the applicant is already in possession of a South African Identity document and/or valid South African passport. The application can be lodged at any South African representative offices abroad or any Regional Office of the Department of Home Affairs in South Africa. Once this exemption certificate has been issued, the applicant would have regularized his/her status and would not be required to take any further steps other than to ensure that he/she possesses a current South African passport and ensure that they enter and leave South African borders utilizing this passport.
The situation under this sub category is very different as any South African Citizen who obtains the citizenship of another country by way of a formal administrative act such as an application for naturalization, after 6 October 1995 is deemed in terms of Section 6(1)(a) of the Citizenship Act to have automatically lost their South African Citizenship status upon acquiring the citizenship or nationality of another country. The loss of citizenship is automatic, as stated before, and the applicant may not even be aware of the fact that he/she may have lost their South African Citizenship status and may even travel in and out of South Africa without realizing this fact. Generally the matter would only become apparent when such a person applies for a new South African passport / renewal of an existing passport. The only way for such an applicant to restore his/her Citizenship status would be to apply for resumption thereof, but unfortunately these applications can only be done once the applicant has returned permanently to South Africa, and can be lodged via any local Regional Office of the South African Department of Home Affairs.
The best option would be to lodge a determination of South African Citizenship application, where-after the above will be confirmed by an official letter issued by the Embassy in the applicant’s country of residence / local Home Affairs offices. This letter will then enable the applicant to travel to and from South Africa whilst utilizing a foreign passport and not a South African one. In accordance with Section 9 of the previous South African Citizenship Act, applicants could obtain a letter permitting them to make use of both passports. In accordance with the new South African Citizenship Act, specifically Section 26(b) any person who has the right to a South African passport must enter and leave South African borders on his/her South African passport and not a foreign one, in order to avoid a penalty payable or even worse imprisonment of a period not more than 12 months.
Once such a person then PERMANENTLY returns to South Africa, he/she can apply to have his/her South African Citizenship re-instated again, after which he/she will be allowed to hold dual nationality status.
As can be seen from the above it is of extreme importance to firstly apply for permission from the South African authorities before a second nationality is applied for through naturalization. We will gladly assist with this process, and applicants are welcome to contact Mr. Geoffrey Yeung in this regard (Geoffrey@breytenbachs.com)
Applicants who obtained dual passport permission letters in accordance with Section 9 of the amended South African Citizenship Act are urged to always provide a certified copy of such a letter when a new South African passport is applied for.
Question:
My brother is thinking about applying for the new Tier 1 visa for highly skilled workers. Will his wife be able to accompany him to the UK, or does she need a visa in her own right?
Answer:
Successful applicants who obtained visas to enter the United Kingdom under categories leading to permanent residence, such as the Tier 1 visa, are entitled to bring their spouses and children under the age of 18 years with them to the UK.
Your sister-in-law would need to apply for a visa as his dependant, before travelling to the UK. The visa will be granted for the same period as the main applicant and she will be able to work in the UK without any restrictions.
Please feel free to contact our offices for more information.
Question:
My UK employer is looking to apply for a Tier 2 permit for myself, in order to employ me on a permanent basis. According to our HR department my job title is no longer on the shortage occupation list, which should make the application a bit more difficult. Can you please tell me more about this shortage occupation list and how an application for a work permit that is not on this list, differs from one that is?
Answer:
The UK Home Office are advised by the Migration Advisory Committee (MAC), in which areas of the UK labour market shortages are experienced. The list of these occupations is called the shortage occupation list.
The implication of an occupation being removed from this list is that a Tier 2 permit for a skilled worker can still be issued for these occupations, but employers are then required to advertise the position. Where the employer can demonstrate, after advertising, that there is no suitably qualified resident or EU citizen candidate available to fill the vacancy, a sponsorship certificate can be issued to the non-EU citizen.
Please contact our offices for more information.
Question:
I am currently in the UK as a visitor and looking at the possibility of opening my own business. I also have a partner back home, who is willing to invest in such a new business. Does the UK have some kind of visa for persons looking to invest in a business in the UK?
Answer:
Yes, there is indeed a Tier 1 Entrepreneur category of the Points-based system that was introduced on 30 June 2008. The category is for those persons investing in the United Kingdom by setting up or taking over, and being actively involved in the running of one or more businesses in the UK. You will need to return to South Africa to apply for this visa.
In order to qualify for this permit, you must score at least 75 points for attributes. Applicants will also need to meet the English language requirement (10 points) and the separate requirement for maintenance (10 points).
In order to get the 75 points for attributes you have to prove the following;
You have £200,000 of your own money available to make a fresh investment in a business in the UK. Money may be included that are made available by a third party, that is available to you or the business you are running.
The money is held in one or more regulated financial institutions. This financial institution must be regulated by the home regulator, where the financial institution operates and the money is located.
The money must be disposable in the United Kingdom.
After five years on this permit, you will qualify to apply for permanent residence in the UK.
Please contact our offices for more information on the issue.
Question:
I am an Australian citizen, currently on a student visa in the UK, doing a degree course at a British university. I have been informed by fellow students that the UK Home Office has now introduced a Post-study category for students, which will enable me to work in the UK after completion of my studies. Can you please tell me more about this scheme?
Answer:
The UK Home Office has introduced the Tier 1 (Post-Study Work) category in order to retain the most able international graduates who have studied in the United Kingdom. This new category is part of the new points based immigration system which is currently being introduced. The category has been operational since 30 June 2008 and replaced the schemes; International Graduate Scheme and Fresh Talent: Work in Scotland Scheme.
The Tier 1 Post-Study Work category will allow successful applicants to stay in the UK for a period of two years after completing a degree or post-graduate course in the UK. During this time they will be free to seek employment in the UK, without the need of a sponsor. It is however possible for them to switch into another part of the points based system, for highly skilled or skilled workers, as soon as they are able to.
Time spent on this category does not count towards the qualifying period for permanent residence in the UK.
Please contact our offices for more information.
| Ask the Expert |
| 'I am a visitor in the UK and looking
at opening my own business. Does the UK have some kind
of visa that will enable me to realise my dream?' Read all the answers on the latest questions asked by our clients. |
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