As a permanent residence holder, will I still qualify for citizenship by naturalisation if I get divorced?

The long answer

The first important thing to know is that you must have been a permanent resident for at least five years before you can apply for citizenship by naturalisation, with one year immediately preceding your application. This means that within those five years, the most recent year must have been spent as a permanent resident right up to the point you apply for naturalisation. You must have lived in South Africa for a total of five years within the last eight years and not been absent from South Africa for more than 90 days per year in any of the five years as a permanent residence holder.

In terms of the effect divorce might have on a naturalisation application, June Luna Immigration Attorneys explains that a permanent residence permit issues on the basis of a “good faith spousal relationship” will lapse if the relationship ends within two years of issuing. The permit holder and the ex-spouse must report the separation to Home Affairs, and the process of cancelling the permit will begin. 

The article further explains that if you and your spouse are still legally married, you could apply for an alternative visa/permit. 

Section 43(a) of the South African Immigration Act states:

“A foreigner shall abide by the terms and conditions of his or her status, including any terms and conditions attached to the relevant visa or permanent residence permit, as the case may be, by the Director-General upon its issuance, extension or renewal, and that status shall expire upon the violation of those terms and conditions.”

So, even if your permanent residence was based on a spousal visa, it would seem that your recent divorce should not affect your application for citizenship by naturalisation, since you have been a permanent resident for more than two years.

 But you need another year as a permanent resident before you can apply for naturalisation. IMCOSA says, “If your original country does not expressly allow you to take up South African citizenship, you will have to renounce your former citizenship before becoming a South African citizen.”

The Western Cape government gives the following information about applying:  

“You can apply for South African citizenship through naturalisation if you have held a permanent residence permit for at least 5 years if you have married a South African, or you are a minor under 21 years with a permanent residence.” 

There are fees that you will need to pay for the naturalisation application and re-issuing of your ID (R300 and R140, respectively, at the time of writing). You also need to provide the following documents (originals and copies) to Home Affairs.

• Forms DHA-63 and DHA-757

• South African non-citizen identity document.

• Marriage certificate (if applicable).

• Divorce decree (if applicable).

• Application form BI-9 for the re-issue of your identity document. It’s probably best to take two ID photographs with you, in case the Home Affairs office you visit does not have its own biometric verification equipment).

• Proof of permanent residence or exemption.

• South African police clearance form SAP-91a with a full set of fingerprints for applicants aged 18 years and over.

The Western Cape webpage on immigration and citizenship states, “An application for Determination of Citizenship must be forwarded to Head Office before any application is submitted. This is to ensure that a correct application is submitted by the applicant.” These are the documents it says you need to submit:

• Forms DHA-175 and DHA-529.

• Proof that you have lived in South Africa continuously for at least 12 months prior to application.

• South African police clearance report, valid for six months from the date of issue.

• Police clearance from country/countries of present nationalities.

• Letter confirming acceptance of dual nationality.

• Proof of payment (R300, at the time of writing) as regulated by the National Treasury.

Wishing you the best,
Athalie