How To Keep Your South African Citizenship When Getting Another
You live abroad. You are in the process of acquiring citizenship of another country. And you want to keep your South African citizenship at the same time.
That is dual citizenship — and South African law allows it. But there is one rule that catches thousands of South Africans off guard every year:
You must apply for and receive permission to retain your SA citizenship BEFORE you acquire the foreign one.
Not after. Not simultaneously. Before. The moment you acquire foreign citizenship without prior retention permission, SA law treats your SA citizenship as automatically lost — and you cannot undo it by applying retroactively.
This page explains who needs to apply, what documents to submit, and the exact process — including the important update from the May 2025 Constitutional Court ruling.
The May 2025 ConCourt Ruling — What Changed and What Didn’t
In May 2025, the Constitutional Court declared Section 6(1)(a) of the South African Citizenship Act, 1995 unconstitutional. This provision was the one that caused automatic citizenship loss for South Africans who acquired foreign citizenship without retention permission.
What the ruling means for past losses: South Africans who already lost their citizenship under Section 6(1)(a) since 6 October 1995 are now deemed never to have lost it. Their citizenship is legally restored. See the Citizenship Reinstatement guide for how to update your records.
What the ruling means going forward: The retention process remains the practical standard. DHA systems, overseas missions, and foreign embassies are still operating within the existing framework. A South African who acquires foreign citizenship today without a retention letter may still find their population register record updated to show citizenship as lost — creating real-world problems with passports, Smart IDs, banking, and other institutions.
Bottom line: If you are planning to acquire foreign citizenship and want to keep your SA citizenship without complications, apply for a retention letter first. It remains the cleanest and most reliable route.
Who Needs to Apply
Must apply:
- Any South African citizen aged 18 or older who intends to voluntarily acquire citizenship of another country by a formal act (other than by marriage)
Exempt — no retention application needed:
- South African citizens under 18 who acquire foreign citizenship before their 18th birthday — they automatically retain SA citizenship. Once they turn 18 and wish to acquire any further foreign citizenship, a retention application is then required.
- South Africans acquiring citizenship through marriage — marriage to a foreign national does not trigger the retention requirement
Special note on serving in foreign armed forces: A South African citizen who serves in the armed forces of another country (where they are also a citizen) and that country is at war with South Africa, loses SA citizenship automatically regardless of retention. This is a separate provision unaffected by the ConCourt ruling.
The Critical Timing Rule
The retention application must be submitted and approved before you acquire foreign citizenship. There is no grace period. The sequence is:
- Apply for retention
- Receive your Letter of Retention
- Then proceed with your foreign citizenship application
You cannot apply for retention after you have already acquired foreign citizenship. The application window closes the moment foreign citizenship is granted.
Start early. Processing takes a minimum of 30 business days in South Africa and up to 12 months through an overseas mission.
Documents Required
| Document | Notes |
|---|---|
| Form BI-1664 (Application for Retention of SA Citizenship) | Complete in black ink and block letters. Signed by the applicant. Provide reasons for wanting to retain SA citizenship. |
| Form DHA-529 (Determination of Citizenship Status) | Must be completed alongside BI-1664. Note: disregard question 8 on form DHA-1664 — DHA-529 replaces it. Complete DHA-529 in full per the Determination of Citizenship guide. |
| Original SA passport + photocopy | Current or most recent — original returned after office certifies copy |
| Original SA identity document + photocopy | Green ID book or Smart ID — original returned |
| SA unabridged birth certificate + photocopy | Original returned |
| Proof of permanent residence in the foreign country | Residence permit, residence card, or equivalent |
| Written confirmation of non-acquisition from foreign authorities | Official letter from the foreign country’s immigration or home affairs authority confirming you have not yet acquired their citizenship. Must be original. If not in English, submit with a certified sworn translation. |
| Processing fee | Fee varies by mission — confirm with your nearest DHA office or SA mission. The SA Embassy in the US charges USD $25. The UK High Commission charges GBP £25. Confirm the current fee for your country before applying. |
| Pre-paid self-addressed special delivery envelope | Required for applications submitted through SA missions abroad — for the letter to be mailed back to you |
Where to Apply
In South Africa: Submit in person at any DHA live capture office. Book an appointment at services.dha.gov.za.
Abroad: Submit in person at your nearest South African embassy, high commission, or consulate. Appointments are usually required — contact the mission directly to confirm their specific requirements and current processing fee, as these vary by country.
Processing Times
| Route | Processing time |
|---|---|
| In South Africa | Minimum 30 business days |
| Via SA mission abroad | 6 to 12 months |
The processing fee is non-refundable. Applications returned due to incomplete forms or missing documents will need to be resubmitted with the fee paid again.
What You Receive
Once approved, you receive a Letter of Retention of South African Citizenship. This letter:
- Confirms you have been granted permission to retain SA citizenship upon acquiring foreign citizenship
- Must be preserved carefully — it is a permanent record
- May be required in future when applying for SA passports, Smart IDs, or when dealing with foreign governments or financial institutions
Once you hold the letter, you can proceed with your foreign citizenship application. When you eventually acquire foreign citizenship, your SA citizenship remains intact.
After You Have Dual Citizenship
Entering and leaving South Africa: You must use your South African passport when entering and leaving South Africa. Using a foreign passport to enter SA as a citizen is a breach of SA immigration law, regardless of which passport the other country issued you.
Using your foreign passport abroad: You are free to use your foreign passport when travelling outside South Africa. SA law does not restrict how you use your foreign passport in other countries.
Your SA passport and Smart ID remain valid: Dual citizenship does not affect the validity of your existing SA travel documents. Renew them as normal when they expire.
Common Problems — and How to Avoid Them
Applying too late The most common and most damaging mistake. Some South Africans begin the foreign naturalisation process and only discover the retention requirement when it is too late. The moment foreign citizenship is granted, the window closes. Apply for retention as the very first step, before the foreign citizenship process begins.
Non-acquisition letter in the wrong format The confirmation from foreign authorities that you have not yet acquired their citizenship must be an original official letter — not a printout from a website, not an email, not a summary. Each country has its own document for this. In the UK, it is a specific letter from the Home Office. Contact the relevant foreign immigration authority to obtain the correct document.
Incomplete DHA-529 The DHA-529 accompanies every citizenship application. Complete it in full — see the Determination of Citizenship guide for the common mistakes. Note that question 8 on form DHA-1664 should be disregarded — the DHA-529 covers that information.
Applying from the wrong mission Some SA missions serve specific geographic regions. If there is more than one SA mission in your country, confirm which one covers your area before submitting.
Frequently Asked Questions
I already acquired foreign citizenship without a retention letter years ago. Is my SA citizenship gone? As of the May 2025 Constitutional Court ruling, you are deemed never to have lost your SA citizenship. However, your population register record may still show it as lost. Use the Citizenship Reinstatement Portal at myhomeaffairsonline.dha.gov.za to correct your record.
Do I need a new retention letter every time I acquire a new foreign citizenship? Yes. Each acquisition of a new foreign citizenship as an adult requires a fresh retention application. The original letter covers only the specific foreign citizenship application it was granted for.
My retention letter was approved but I changed my mind and did not acquire foreign citizenship. Is the letter still valid for a future application? A retention letter is granted for a specific application. If you did not proceed, confirm with the DHA whether the letter remains valid or whether you need to reapply. Do not assume it carries over indefinitely.
Does getting a permanent residence permit in another country trigger the retention requirement? No. Permanent residence in a foreign country is not the same as citizenship. The retention requirement only applies when you are about to formally acquire citizenship — not residency. You only need a retention letter immediately before acquiring foreign citizenship.
My SA passport has expired and I have only a foreign passport. Can I still apply for retention? Bring whatever SA documents you have — an expired SA passport is still accepted. Contact the nearest DHA office or SA mission for guidance if your documentation is limited.
Contact Details
| DHA Contact Centre | 0800 60 11 90 |
| DHA email | hacc@dha.gov.za |
| DHA Application Portal | services.dha.gov.za |
| SA Missions abroad | dirco.gov.za |
Related Guides
- Citizenship Reinstatement — Section 6(1)(a)
- Dual Citizenship in South Africa
- Determination of Citizenship Status
- Renunciation of SA Citizenship
- How to Apply for a South African Passport
- How to Apply for a Smart ID