STUDENT NO : 68553994

ASSIGNMENT 2

CPD1501

SEMESTER 1

QUESTION 1

1.1 You have overheard a conversation about different forms of acquiring citizenship in South Africa.
One member of your community argues that there is no distinction between the acquisition of
citizenship by birth versus acquisition of citizenship by naturalisation. By way of examples and
references to the appropriate law authorities, briefly express your position regarding the
conversation.

In South Africa, there is a different between acquiring citizenship by birth and naturalization.

Acquisition of citizenship by birth

- Any person qualifies for the acquisition of South African citizenship by birth if he/she was a
South African citizen by birth immediately prior to the date of commencement of the
citizenship amendment Act 210) E,g Mpho was born in the Republic of South Africa on the 1
June 2014 of two Zambians who have permanent resident status. He has lived in SA since his
birth so automatically he qualifies since his parents are admitted permanent residents.
- Any person born in the Republic and who is not a South African citizen by virtue of the
provisions of subsection(2), shall be a South African citizen by birth , if he/she is adopted by
a South African citizen in accordance with the child care Act, 1983 (Act no 74 of 1983).
- This process is governed by the South African citizenship Act of 1995.

Acquisition of citizenship by naturalisation

- Citizenship by naturalisation is acquired when a foreigner receives a certificate of

naturalisation that gives him/her rights and privileges of a citizen.
- Who, on or after the date of commencement of this Act, is granted a certificate of
naturalisation as a South African citizen in terms of section 5, shall be a South African citizen
by naturalisation
- Any person referred to in subsection (1)(b) shall with effect from the date of the issue of the
certificate, be a South African citizen by naturalisation.

The different between the two is, acquiring citizenship by birth is an automatic and granted on
the basis of the place of birth for individual and parents. Acquiring citizenship by naturalisation
needs an application and meets required criteria.

References

South African citizenship Act of 1995

Department of home affairs

 Child care Act, 1983(Act no 74 of 1983)

1.2 List the documents to be submitted with an application for citizenship by naturalisation
- Forms DHA-63 and DHA-757
- Original South African non-citizen identity document
- Marriage certificate
- Divorce decree
- An application for re-issue of your identity document, including two ID photographs
- The fee for the re-issue of your identity
- Proof of permanent residence or exemption
- Form SAP19 with full set of fingerprints( needed for a police clearance report for
applications aged 18 years and over
- If your under 18 years old, your parents or legal guardian must sign the application form (B1-
63)

QUESTION 2

2.1 Mr lost, a lay person, requests your information concerning the difference between refugee
status and a permanent residence permit. Assist him accordingly with the required information.

Refugee status is given to an individual who has been granted asylum status and protection in
terms of the section 24 of refugee Act no 130 of 1998. A permanent residence permit is a legal
permission granted to a foreign national to reside in a country on a long-term or permanent
basis.

Refugee status

- Under the 1951 United Nations Convention, a refugee can be a “convention refugee” who
has left his/her home country and has a well-founded fear of persecution for reasons of
race, religion or political opinion.
- There is no fee payable for eligibility and status determination interviews as well as issuance
or renewal of section 22, section 24 of the immigrant Act.
- Refugees end up no longer want to return back to their countries.

Permanent residence permit

- It is granted to a person who met requirements to reside in the country.

- Permanent residents appreciate all the benefits like any other people.
- When a foreigner envisaged in section 27(g) of the Act is the parent or minor citer or
resident, a permanent residence permit may be issued.

The different between the two is, refugee status is awarded to individuals fleeing persecution.
Permanent resident permit is granted to individuals who meet the requirements to reside in the
country.
References

- Refugee Act no 130 of 1995

- United Nations Convention under 1951
- Immigration Act section 27(g), section 22 and section 24
- Department of home affairs

2.2 List the visas that are available for temporary sojourn in South Africa.

- Corporate visa

- Person visa

- General work visa

- Medicine visa

- Spousal visa

- Study visa

- Exchange visa

- Tourist visa

- Crew visa