Accessing immigration status and a path to citizenship
Placing your client in one of the following categories can help you identify
the possible solutions
People with unrecognised claims to
South African citizenship
• people born in or outside South
Africa to citizens
• people born in SA to permanent
residents
• stateless persons born in South
Africa
• children born in SA to noncitizens
who were not admitted to
permanent residence
TOOLS:
• South African Citizenship Act
• citizenship by birth
• naturalisation
• citizenship in cases of doubt
• Exemption under Immigration Act
• Judicial review
• Resettlement
People with no claim to South
African citizenship
• people born outside South Africa
to foreign parents
• stateless refugees
• vulnerable foreign children
(unaccompanied minors, orphans
• foundlings
TOOLS:
• Foreign citizenship and
immigration law
• can client qualify for
citizenship or lawful status in
a country that might lead to
citizenship?
• Immigration Act and/or Refugees
Act
• Citizenship Act (adoption of
foreign children by a citizen)
• Exemption under Immigration Act
• Judicial review
• Resettlement
Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide
Finding a solution for clients: immigration status and citizenship
Planning a way forward for your client:
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