SA Expats Alert: Citizenship Ruling May Cause Border Issues When Travelling Home

By Heather – The Travelling Agent

Turning dreams into a reality, one booking at a time.

South African expats planning trips home may face unexpected complications at the border following a Constitutional Court ruling in May 2025 that changed how South African citizenship is recognised.

While this ruling corrected an unconstitutional section of the law, it has created real-world travel challenges for many South Africans living abroad, especially those who believed they had lost their South African citizenship years ago.

Here’s what you need to know before you travel.

What Changed?

Since 1995, South African law stated that citizens who voluntarily acquired another country’s citizenship automatically lost their South African citizenship, unless they had applied for permission to retain it.

However, in May 2025, the Constitutional Court ruled that this section of the law was unconstitutional.

As a result, many South Africans who believed they had lost their SA citizenship were suddenly reinstated as South African citizens, automatically and retrospectively.

Why This Matters for Travel?

South African law requires that South African citizens must enter and exit the country using a South African passport, even if they hold dual citizenship.

This means:

• Entering or leaving South Africa on a foreign passport is technically an offence
• Penalties can include fines or imprisonment of up to 12 months

For expats who no longer hold a valid South African passport, this creates serious uncertainty.

Real-Life Impact

One reported case involved a South African woman living in Australia who had to cancel a Christmas trip home after learning that her citizenship had been reinstated.

She confirmed her status through a new Home Affairs online portal, launched in November 2025, and was advised by the South African Consulate that travelling on her Australian passport would be unlawful.

Her situation highlighted a growing issue affecting many expats worldwide.

What Are Your Options If You’re Affected?

If your South African citizenship has been reinstated, you may need to consider one of the following:

1. Apply for a South African Passport

• Current turnaround time: approximately 5 weeks
• Available via new Home Affairs centres

2. Apply for an Emergency Travel Certificate

• Usually accepted one-way only
• Often used for compassionate or urgent travel
• You may still need to apply for a SA passport before returning abroad

3. Renounce South African Citizenship

• Processing time: 6–12 months
• May soon be selectable via the Home Affairs online portal (expected rollout)

Are Border Officials Being Lenient?

According to DA Abroad, border authorities are aware of the situation and have been reasonably lenient, recognising that many expats are still in the process of sorting out documentation.

However, leniency is not guaranteed, and enforcement may vary by port of entry. 

What You Should Do Before Travelling

✔️ Check your citizenship status via Home Affairs
✔️ Confirm which passport you are legally required to use
✔️ Do not assume previous rules still apply
✔️ Allow extra time to resolve documentation
✔️ Speak to a professional before booking flights

Final Thoughts

This ruling has restored citizenship rights, but it has also introduced complexity for travellers caught off guard.

If you’re a South African living abroad and planning to travel home, don’t leave this to chance. A simple assumption could result in denied boarding, fines, or cancelled trips.

If you’re unsure how this affects you, I’m here to help guide you through your options before you travel.

📧 Email: heather@thetravellingagent.co.za
📱 WhatsApp: +27 84 225 9330