Chapter 1 LEGAL CONCEPTS CITIZENSHIP This guide uses the terms “citizenship” and “nationality” interchangeably to refer to the legal link between a person and the state. This legal link provides the person certain rights and benefits: the right to enter and leave the country, the right to reside in the country, the right to vote or to be elected to public office, access to diplomatic protection, etc. CITIZEN AND NON-CITIZEN This guide uses the term “citizen” to refer to a person who is a South African citizen, and the term “non-citizen” to refer to a person who is not a South African citizen (also see Migrant). 3. the relevant authorities refuse to issue documents to you. MIGRANT This guide uses this term to refer to a person who moves to South Africa away from their country of origin or citizenship, temporarily or permanently. Migrants move for a variety of reasons; to join family, to look for a job, to study, or to seek protection as refugees (also see Asylum Seeker and Refugee). IRREGULAR MIGRANT In this guide this term refers to a migrant who does not have lawful immigration status in South Africa or who entered the country without following proper immigration procedures. This term should not be confused with “undocumented person” and is preferred to the colloquial term “illegal immigrant”. STATELESSNESS The internationally accepted definition of statelessness is found in Article 1 of the UN Convention on the Status of Stateless Persons, LEGAL STATUS 1954, which states that a stateless person is a In this guide, legal status refers to citizenship status, person who is not recognised as a national by any status, or immigration status. state under the operation of its laws. Statelessness6102 tropeR laurefugee nnA nerdlihC eht evaS 23 is the opposite of citizenship. CITIZENSHIP STATUS See “Citizen” AT RISK OF STATELESSNESS This term describes a person who is not stateless REFUGEE STATUS but may become so or whose statelessness may This term refers to the protection afforded to become evident over time due to certain risk migrants recognised as refugees in South Africa. factors, e.g., lack of birth registration/identity documentation, lack of birth records, irregular ASYLUM SEEKER migration, children who have been abandoned or This term describes a migrant who has fled orphaned, or links to more than one country. persecution, violence, war or conflict in their country of origin or citizenship and has crossed an STATELESSNESS DETERMINATION international border to seek protection in another PROCEDURE country. This refers to a mechanism to identify stateless people so as to provide them with the appropriate ASYLUM SEEKER VISA protection, e.g., documentation and rights. South This is a visa issued to an asylum seeker who has Africa is yet to establish such a procedure (also submitted an application for refugee status in South see Refugee Status Determination procedure). Africa. This visa allows the holder to live, work or study in South Africa while the application is being UNDOCUMENTED processed. It is subject to renewal. This term refers to both citizens and non-citizens. It means that you do not have any governmentREFUGEE STATUS DETERMINATION issued proof of identity (e.g., birth certificate, ID, This refers to the procedure to process an passport, refugee status certificate, asylum seeker application for refugee status. visa, or immigration permit). This can be for various reasons, e.g., 1. 2. 8| the documents are lost or destroyed; the documents are expired; or REFUGEE If the application for refugee status is successfully