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Freddie Lombard
Freddie Lombard, Attorney
Category: South Africa Law
Satisfied Customers: 2507
Experience:  Practicing attorney and conveyancer with 16 years post article experience.
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JP.Both of my sons were born in South Africa in year 2010 and 2012 respectively. They w

Customer Question

Hi JP.Both of my sons were born in South Africa in year 2010 and 2012 respectively. They were given SA citizenship automaticaly due to my PR status. I then had to apply for renunciation of their SA citizenship before I could apply for Chinese citizenship for them. I went all these steps successfully and they have applied their Chiense passports and became Chinese citizen. However, when I took my big son back to China last year, the immigration desk in the airport questioned us about his PR status. He was given a non-citizenship ID and awarded PR automatically by renunciation his SA citizenship. it was stated clearly on his renunciation letter. However, the guys in the airport never saw this before. They insisted that he must have an ID. They finally let us go through as a complementary but told us that next time he must have an ID. And I was told by the immigration ofice at Randburg that ID is only for people who is older than 18. it is impossible for him to have one now.
Submitted: 1 year ago.
Category: South Africa Law
Expert:  Freddie Lombard replied 1 year ago.
Thank you for the question. The people at the immigration office in Randburg gave you incorrect information. Identity documents may be issued to any person that qualifies and is older than 16. You can read all about it here. I hope this answered your question. If you are satisfied, kindly rate the service positvely as I do not get paid unless you rate the answer positively. Regards
Customer: replied 1 year ago.
Hi Freddie, many thanks fo the answer. But my problem has not yet been solved. My sisutation is that both of my sons are only todllers (4 and 2 years old respectively) . So it does not really matter if it is 16 years or 18 years. I need to know how I can get any futher documents as required by the immigration desk at the airport.
Expert:  Freddie Lombard replied 1 year ago.
The immigration authorities seems to have it wrong and accordingly, it is something that you will have to resolve with them. You may be able to refer them to the website or get a letter from Home Affairs office. Their unabridged birth certificates should be sufficient for traveling purposes and immigration should accept those. Please do not forget to rate my service. Kind regards
Customer: replied 1 year ago.
the website you refer to me does not help at all against my specific situation. the key point of my problem is that the immigration officer at the airport does not recognise the renunciation letter issued by Immigration head office. Can't you find me the relative law terms which illustrate that a SA citizen will be awarded a PR after he or she renunciates the citizenship? This might help.
Expert:  Freddie Lombard replied 1 year ago.
Thank you, ***** ***** feel that the goal posts keep being shifted. Your initial question was simply " it is impossible for him to have one now" to which I answered that the immigration office in Randburg was wrong and that a person need not be 18, but 16 in order to apply for an ID Book. So, the short answer is that no, you cannot obtain an ID book for your children until they reach the age of 16. You then changed the question to ask "how I can get any further documents as required by the immigration desk at the airport." To this I explained that you must obtain unabridged birth certificates from Home Affairs. Now, you say that the key point to your question is that the "immigration officer at the airport does not recognise the renunciation letter issued by Immigration head office."This is the first time you raised this question. The thing is, that when your children renounced the SA citizenship, they also renounced their right to permanent residence BUT, they may be granted immediate permanent residence - it is not something that happens automatically, you will still have to apply for permanent residence status for your children, and as with any other non-citizen their permanent residence will have to be indicated in their passport and they must be given a permanent residence permit. You can also read here and here.
If you need more information on this topic please feel free to ask more at no extra cost.If you are satisfied that I answered your question correctly, please give this service a positive rating. Regards
Customer: replied 1 year ago.
Hi Freddie, let me quote the first two paragraph from the renunciation letter for you so that you understand it better.
"I encose the cedlaration of renunciation of Souh African citizenship (BI-246E) duly certified to the effect that the declaration of renunciation of South African citizenship in terms of section 7(1) of the South African Citizenship Act, 1995 (Act 88 of 1995), has been registered in the Department under reference no. 15044 on 17 July 2013.
As a former South African citizen by birth you automatically retain your right to permanent residence in South Africa"
Expert:  Freddie Lombard replied 1 year ago.
That is correct. I understand completely. You will note that the letter states that you "retain your right to permanent residence". You still have to apply for and obtain the permanent residence permit. You have the right to permanent residence, but you have to get a permit to show the right. In short, you have to apply for a permanent residence permit and on your application show the reason being that you were a former citizen (and you can enclose a copy of the renunciation letter). What this basically means is that (barring a few reasons - like being declared an undesirable person) your application for a permit cannot be denied. Please do not forget to rate the service. Regards