If you’re a South African living abroad (especially here in Australia), dual citizenship has probably felt confusing, stressful, and—at times—downright risky.
For years – since 6 October 1995 to be precise – many South Africans automatically lose their citizenship if they became a citizen of another country without applying for permission first. And for a lot of people, that’s exactly what they thought had happened. It’s what happened to me when I acquired British citizenship back in the late 2000s.
But things have changed. In a big way.
Thanks to a landmark Constitutional Court ruling in 2025, the rules around dual citizenship have been completely reshaped—and if you’re a South African abroad, it’s something you really need to understand and be confident in how the change now applies to your circumstances.
Here’s a basic break down in simple terms.
Please note this does not constitute formal or legal advice. For personalised advice based on your own circumstances, please contact your local High Commission or SA Home Affairs directly. The information in this post is of a general nature only and can be found on the SA Home Affairs websites related to citizenship for South Africans who relocate overseas.
The Big Change: You Didn’t Automatically Lose Your Citizenship
From October 1995 to May 2025, South African law said that if you voluntarily took on another citizenship (like Australian or British) without first applying for “retention of citizenship”, you would automatically lose your South African citizenship.
But in May 2025, the South African Constitutional Court ruled that this law was unconstitutional.
What does that mean in real life?
- The rule that caused automatic loss of citizenship has been scrapped
- If you lost your citizenship this way, you’re now considered to have never lost it at all
- You no longer need to apply for retention before getting another citizenship
This ruling applies retrospectively all the way back to 6 October 1995, which is huge.
So, as an example, if you became an Australian citizen in, say, 1998 and didn’t apply for retention and did nothing else about it since… there’s a very good chance you’re still a South African citizen today.
But It’s Not Automatic for Everyone
Here’s where things get a bit more nuanced.
The ruling only applies to people who:
- Lost citizenship automatically under the old law (from 6 October 1995), and
- Did not formally renounce their citizenship
If you formally renounced your South African citizenship (for example, because another country required it), this ruling doesn’t undo that.
In that case, you are no longer a South African citizen, and you’d need to apply to regain it through a separate process.
That leaves us now with two very different groups:
1. You never actually lost your citizenship (even if you thought you did)
You’re still legally South African and you can confirm your status through Home Affairs
2. You renounced your citizenship and hold another citizenship instead
You are still no longer South African and you must apply to regain it if you want it back
Do You Still Need “Retention of Citizenship”?
Short answer: No.
The old system—where you had to apply for a “Certificate of Retention” before getting another passport—is effectively gone. The Australian SAHC website says as much here.
You can now:
- Become an Australian (or any other) citizen
- Keep your South African citizenship
- Not worry about applying to retain SA citizenship beforehand
This is one of the biggest practical changes, especially for expats planning to acquire a new citizenship in their new home country.
What About People Who Thought They Lost South African Citizenship?
If you were one of the many South Africans who believed you lost your citizenship, and were not happy about it, there’s good news.
The government has introduced a process to:
- Verify your current South African citizenship status on the new Home Affairs portal
- Confirm if you’re still a citizen of South Africa
- Help you apply for a new South African passport
Travelling to South Africa: This Is Where People Get Caught Out
This is probably the most important part of this entire blog—because getting it wrong can cause serious issues at the airport – whether you are arriving or departing. Whether you hear a million stories about other people getting in and out of SA on other passports with no issues, it is not an excuse to flout the law and you run the risk of getting caught out – and nobody really wants that.
If You Are a South African Citizen (Including Dual Citizens)
By law, you must:
✔ Enter South Africa on your South African passport
✔ Leave South Africa on your South African passport
Even if you also have:
- An Australian passport
- A British passport
- Or any other citizenship
This rule has been in place since 2004 and has not changed.
In fact, entering or leaving South Africa on a foreign passport as a South African citizen is an offence and can lead to fines or penalties. Other countries have this law in place as well, and the UK has recently started to enforce this too – so if you have UK citizenship, this applies when travelling to the UK as well.
What if your SA passport is expired?
You cannot just “wing it” and use your Australian passport.
Instead, you’ll need to:
- Apply for a new South African passport, or
- Get an Emergency Travel Certificate from a South African mission abroad – and then have to apply for a new South African passport while in South Africa, in order to depart again
If You’ve Renounced Your South African Citizenship
This is where things are different.
If you’ve officially renounced:
- You are no longer a South African citizen
- You must travel to South Africa on your foreign passport as you cannot hold a South African passport
Depending on your new nationality, you may:
- Enter visa-free (e.g. Australians)
- Or need a visa to enter South Africa
Importantly:
- You cannot use a South African passport anymore
- Your old SA ID and passport are no longer valid
What If You Have a Determination of Citizenship Letter?
If you had under the old rules, acquired a new citizenship, and lost your SA citizenship, and wanted to travel back to South Africa on your foreign passport, you could apply for a determination of citizenship letter. This would show that you had officially lost your citizenship and were therefore able to enter SA on a foreign passport, along with this letter to confirm your citizenship status as no longer South African.
I duly applied for mine, and received it after about 9 months.
I have kept it, and was informed initially I would be able to travel to SA on my Australian passport along with this letter.
Being unsure of this, I emailed the SAHC in Canberra to check. They have advised me that the determination of citizenship letter is now invalid.
My only option then was to go through the new Home Affairs portal to check my status. Which I did – it was a complete pain but I got through all the biometrics in the end (tip – its really slow to load so bear with it and wait, don’t keep reloading and starting over – it doesn’t help at all). And you know what it said?
‘Citizenship possibly revoked’
What does that even mean?! On emailing Canberra again, they have advised me my citizenship has been reinstated. Even though this check on the website suggests I may be noted as a non-citizen already.
If you’re in the same boat, looks like we may have to do some more digging and have some admin ahead of us!
Dual Citizenship Comes With Responsibility
While the new ruling has made things easier, it hasn’t removed the responsibilities that come with being a South African citizen.
If you hold dual citizenship or choose to reinstate it:
- You must comply with South African passport laws
- You should keep your SA documents up to date
- You may still have ties to South Africa in terms of legal or administrative matters
Think of it like this:
You can now easily have two passports—but you still have to follow the rules of both countries.
Common Scenarios (Explained Simply)
“I became an Australian citizen after 6 October 1995 and didn’t apply for retention”
You’re likely still a South African citizen.
“I was told I lost my citizenship years ago”
You may not have—worth checking and confirming.
“I renounced my citizenship”
You’re no longer South African and must travel to South Africa on your foreign passport.
“I have dual citizenship—can I use either passport to enter SA?”
No. You must use your South African passport.
Why This Matters for South Africans in Australia
Australia has one of the largest South African expat communities in the world, and thousands of people were affected by the old law.
This ruling means:
- Less fear and admin around taking up Australian citizenship
- More flexibility for families
- A chance to reclaim South African identity (for those who thought they lost it)
But it also means:
- You need to double-check your status
- You need to get your documents in order
- You need to understand the travel rules
- You need to get a South African passport to travel back to SA if you are found to still be a citizen
For years, dual citizenship felt like a gamble for South Africans abroad. One wrong step and you could lose your citizenship without even realising it.
That’s no longer the case.
The 2025 Constitutional Court ruling has made things fairer, clearer, and far more practical for expats. You can now build a life overseas without worrying that you’ve accidentally cut ties with South Africa.
But with that freedom comes responsibility—especially when it comes to travel and documentation.
If you take one thing away from this, let it be this:
If you’re still a South African citizen, always travel on your South African passport.
It’s the one rule that hasn’t changed—and the one that trips people up the most.
Reminder: Please note this does not constitute formal or legal advice. For personalised advice based on your own circumstances, please contact your local High Commission or SA Home Affairs directly. The information in this post is of a general nature only and can be found on the SA Home Affairs websites related to citizenship for South Africans who relocate overseas.
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