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Refusal To Renew Passport

Talk about immigration laws here

Refusal To Renew Passport

Postby Kathlynn » Wed Nov 23, 2016 10:23 am

Good day Andreas,

I can't believe I managed to ask a question before someone else. I have had my German passport since 1970's.  My father obtained my passport in Germany when we were there.  I have subsequently had numerous passports, when my daughter was born in 1992 I got her a German passport, and was advised it was not necessary for me to apply for a German Birth Certificate and so on, that the passport gives us citizenship.  

They(South African German Consulate in Pretoria) have now refused to supply new passports(old expired), I apparently need to show that my father kept his German Citizenship.  He passed away in 1981, my mother in 1994. I know for a fact my father kept his German Citizenship.  We were only in SA a very short time then he passed on.

I do not understand why I need to show my father never took on another citizenship, why can I not demand they show me otherwise.  Also why am I being asked this now, and not before.  All documents were kept and supplied previously at the old German Consulate building, which has closed and been moved.  

I was born in South Africa, my mother was South African, my father was German.   My father was born 7 - 12 - 1944, his mother could not afford to keep him so he was given to a lady(in Kirn Nahe) who brought him up.  So I know he grew up in Kirn, but I don't think he was born there, therefore I don't know where to apply to get a copy of his birth certificate.  

Thanks, Have a Great Day

*please note I did email you personally on another email address.
Kathlynn
 
Posts: 52
Joined: Sun Feb 02, 2014 1:02 am

Refusal To Renew Passport

Postby Dayne » Thu Nov 24, 2016 4:03 pm

Good day Andreas,

I can't believe I managed to ask a question before someone else. I have had my German passport since 1970's.  My father obtained my passport in Germany when we were there.  I have subsequently had numerous passports, when my daughter was born in 1992 I got her a German passport, and was advised it was not necessary for me to apply for a German Birth Certificate and so on, that the passport gives us citizenship.  

They(South African German Consulate in Pretoria) have now refused to supply new passports(old expired), I apparently need to show that my father kept his German Citizenship.  He passed away in 1981, my mother in 1994. I know for a fact my father kept his German Citizenship.  We were only in SA a very short time then he passed on.

I do not understand why I need to show my father never took on another citizenship, why can I not demand they show me otherwise.  Also why am I being asked this now, and not before.  All documents were kept and supplied previously at the old German Consulate building, which has closed and been moved.  

I was born in South Africa, my mother was South African, my father was German.   My father was born 7 - 12 - 1944, his mother could not afford to keep him so he was given to a lady(in Kirn Nahe) who brought him up.  So I know he grew up in Kirn, but I don't think he was born there, therefore I don't know where to apply to get a copy of his birth certificate.  

Thanks, Have a Great Day

*please note I did email you personally on another email address.
Dayne
 
Posts: 47
Joined: Thu Mar 20, 2014 11:56 pm

Refusal To Renew Passport

Postby Bonifacio » Sat Nov 26, 2016 11:33 pm

Hello Cindy,

I can only be of limited help in this case because I don't understand what the German Consulate was thinking either. I am a German citizen living abroad myself and just had a new passport issued by a German Consulate and nobody asked me to prove that I have not taken on any other citizenship(although they did request my birth certificate).

Of course it is impossible for you to fulfil the requirement of showing that your father did not acquire any other citizenship, as there are around 190 countries in the world the citizenship of which he could theoretically have obtained. It's rather silly to ask you to prove a negative.

But maybe there is a way around if we can at least prove that your father never obtained South African citizenship because this is probably the concern of the German Consulate(which still cannot explain why they didn't have this concern in previous years).

Could you obtain a statement from the South African citizenship or registry authorities stating that your father never applied for or received South African citizenship?

If the South African authorities are not helpful in this regard, I would have a look at South African citizenship law to see if your father's time of residence in South Africa was even long enough for him to qualify for South African citizenship. If he only lived in South Africa for such a short time that he possibly could not have acquired South African citizenship, this should at least be enough to shift the burden of proof.

I understand the problem in locating your father's birth certificate not only because of the unknown place of birth, but also because the birth of a baby during the last days of World War II may well have gone unregistered(or the register might have gotten destroyed), depending on whether the part of Germany where your father was born was close to the front or not.

Where did your parents get married? Does the marriage certificate indicate the citizenship? Please feel free to contact me again on my direct e-mail [email protected] and please include a link to this thread.

Andreas Moser

www.moser-law.com

www.andreasmoser.wordpress.com
Bonifacio
 
Posts: 40
Joined: Sun Feb 02, 2014 11:22 am


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