Naturalization on the basis of marriage Provision 1. The foreign spouse of a national of State X may apply for citizenship of State X. 2. change in marital status will not automatically change the nationality of a national of State X, result in the loss of their nationality or force upon them the nationality of their spouse. Comments It is common practice for States to permit their nationals to convey citizenship by marriage to foreign spouses upon proving the existence of a bona fide marriage. In most instances, citizenship by marriage applies to people who already hold a nationality, and therefore the risk that an individual will be left without nationality due to narrowly constructed laws is minimal, providing that renunciation of one’s nationality is made conditional on the successful acquisition of the spouse’s nationality through marriage. As such, it is at the discretion of a State whether the acquisition of nationality by marriage is contingent on residency within the country, and if so, the length of the residency required before nationality may be conferred. Additionally, States may decide that an individual who applies for citizenship though marriage must renounce prior citizenship before being naturalised. If they do so, States must ensure that the individual in question would not be left stateless as a result of the renunciation. An effective measure to avoid statelessness in this context is to ensure that the renunciation of nationality does not take legal effect until and unless the acquisition of the second nationality is effective. This safeguard is particularly important in avoiding statelessness in cases where an individual’s marriage is terminated before the application to acquire nationality by marriage is approved, or where the application to acquire nationality is rejected for other reasons, or where it remains pending indefinitely. Though States possess a broad discretion in the area of conferral of nationality through marriage, they must ensure that their laws allow equal conferral between men and women, as stipulated in international law. Article 9(1) of 28