Often people assume that babies born on foreign soil are automatically recognised as citizens. This might be true for some countries, but it’s definitely not the case in South Africa. Here’s what you need to know about the status of babies born to foreign nationals in our country. The status of your child will depend on your status or the type of visa you hold at the time of their birth.
- A child will automatically qualify for citizenship if at least one parent is a citizen of South Africa.
- Citizenship by descent is granted to foreign children adopting a South African parent.
- If both parents are temporary residents in South Africa, your child will be recognised as a temporary resident. To legalise their stay in South Africa, you’ll have to apply for a visa. We advise all our clients to record birth notices and consult with a South African immigration lawyer for the visa application procedure.
- Permanent residents can apply for a relative’s permanent residency permit based on their own status upon the birth of their child. This can only be done once the birth is registered in their home country and they’ve received a passport.
- If you are in South Africa without a valid visa, any child born here won’t qualify for a visa either, and thus won’t be able to go to school. (There is a way to legalise the status of your child in South Africa. To find out more, contact an immigration lawyer as soon as possible)
Children Born Before October 2014
Children born to permanent residents in South Africa before October 2014 automatically qualify for citizenship. While this isn’t the case any longer, foreign children born here before that date are recognised as citizens if the birth was recorded and the child is in possession of a birth certificate, including an ID number.
Can a Foreign Child Born in South Africa Get a Birth Certificate?
The answer is yes if:
- South African citizens adopt a foreign baby, or
- One parent is a citizen of South Africa.
Need help obtaining an abridged or unabridged birth certificate? DocAssist can help. For more information, get in touch with the team today.