Is a child born in South Africa automatically a citizen? Pretoria – A court has found that children born in South Africa to foreign national parents do not automatically entitle them to South African citizenship. The court then turned down an application by Zimbabwean parents for their children to be issued with SA birth certificates. The parents had turned to the Polokwane High Court to review and set aside a decision by the department of home affairs, which refused to issue the three children with birth certificates. The argument by the parents was that the department’s refusal was unlawful, unconstitutional and invalid. The parents are Zimbabwean citizens currently staying in South Africa. They have three children who were born between 2010 and 2016. All their children were given unabridged certificates for non-Citizens. The father said he was in South Africa on a work permit and the children’s mother was his partner. The parents had approached the department to apply for a South African birth certificate for each of the children. Their application was prompted by the fact the children were all born in South Africa and didn’t have Zimbabwean citizenship or nationality. They were told the only assistance they could get from the department was to be issued with unabridged birth certificates for non-South African citizens for their children in order for them to go to Zimbabwe so that the authorities there could issue them with Zimbabwean birth certificates. Children born in South Africa where at least one parent is a citizen If you or your partner is a South African citizen, your child will automatically get South African citizenship. Foreign child adopted by South African citizens Foreign children adopted by South African citizens also becomes a South African citizen by descent. Children born in South Africa to temporary residents Where both you and your partner are temporary South African residents, your child will also be recognised as a temporary resident. This means you’ll have to apply for a visa for your child to legalise their stay in South Africa. Our advice? Record notice of the birth as soon as possible and consult with a South African immigration specialist to seek advice on the appropriate visa for your child. Children born in South Africa to permanent residents Children born to permanent resident parents are eligible to apply for relatives temporary and permanent residency based on their parents’ status. This should be done once your child’s birth has been registered and their passport have been obtained from your home country. It is advisable to do all applications as soon as possible after the birth. My child does not have a visa. What happens now? Children born to foreign parents in South Africa without a valid visa are not legally in SA and will not be able to go to school. This is true whether or not it’s because you’ve mistakenly assumed they automatically get citizenship. The good news is that you can legalise your child’s stay in South Africa – but you must not delay any longer than necessary to do this. Contact an immigration lawyer or attorney as soon as possible. What if my child was born before October 2014? Up to October 2014 foreign children born in South Africa to permanent residents did automatically get citizenship. This means these foreign children born prior to October 2014 are recognised as citizens provided: The birth was registered, and The child has a birth certificate with an ID number on it. Get in touch if you need expert help with a visa application for your child We invite you to contact us for a free consultation to determine the correct visa for your child. Our immigration consultants all have many years of experience and are up to date on all the latest visa regulations. You can make contact either via email or phone: +27 (0) 21 424 2460 You can also send us a call-back request for one of our consultants to contact you instead. Whichever way you choose to contact us though you can rest assured that you’ll get the right advice the first time.