South African Parents with overseas-born children should take note of the following advice from Breytenbachs. The consultants at the Breytenbachs often have to assist South African citizens with overseas-born children. The issues often arise from the fact that the children do not have South African or dual citizenship. We have thus compiled some advice to make life and a visit to South Africa a little bit easier!
South African Parents with Overseas-Born Children
Breytenbachs recommend that if you are an SA citizen and have children born outside SA, you register the children as South African citizens. You can do this at the nearest SA Embassy or SA High Commission where you reside. The registration is done by using a foreign birth registration application.
This registration will make things much easier for parents planning to travel back to South Africa in future. Children can then travel to South Africa on SA passports. This will prevent any overstaying issues from occurring, and since South Africa does allow dual nationality status, children can then hold dual nationality status.
South African Parents Travelling with Overseas-Born Children
Clients have to keep in mind that all parties (adults and children) have to travel with their SA passports when entering and leaving South Africa and not the foreign passport.
For parents who do not wish to register their children as SA nationals, it remains of utmost importance to investigate Visitor Visa rules before entering South Africa.
In the case of South African parents with British-registered children, it is important to take note of the following;
British Citizens are exempted from South African Visa control. They will receive an automatic 90-day Visitor Visa upon entering South Africa. This is subject to a valid return air ticket. This Visitor Visa can be extended for another 90 days, but the extension application has to be submitted 60 days before the expiry of the original visa, which was granted upon entry. The endorsement of the extended Visitor Visa must be awaited before leaving South Africa.
If a person is banned from returning to South Africa following an overstay, it is possible to appeal such a decision. The Head Office of the SA Department of Home Affairs will make a decision on whether or not to lift the ban and allow the person to return to South Africa in future as a visitor.
Unfortunately, such appeal applications are normally only approved if the applicant can show that he/she has utilised all possible means to remain a legal resident in South Africa. Many people unwittingly overstay their visitor visa and unknowingly make no effort to apply for an extension. It is often difficult to get a successful appeal. You can read more on ban upliftments here.
How Breytenbachs can help you
Breytenbach Immigration Consultants Ltd (BIC) have a dedicated South African Immigration Department. They are available to assist South African parents with overseas-born children and all related issues. They can also assist with any SA immigration queries or applications. Please feel free to contact us for more information.
Please note that the information in this article does not constitute professional advice. It is provided for general information purposes without any warranty of any kind, either expressed or implied.