naturalized persons for the application of Article 7(4). The same applies for all persons
who acquired nationality by operation of law or upon submission of an application which
the authorities had no discretion to refuse.
48. There was a consensus that loss of nationality under Article 7(3) will generally not be
permissible if the individual concerned is left stateless. Increasing international migration
means that the character of the bond between the individual and the State has
considerably evolved and often involves only sporadic contact with the authorities and
visits to the country of nationality. As a result, the objective of ensuring strong links
between the individual and the State is less relevant than at the time of drafting of the
1961 Convention. Consequently, such provisions have become increasingly rare in
nationality laws. In most cases, loss of nationality resulting in statelessness will not meet
the proportionality test because the impact on the individual far outweighs the objective
sought by the State. States can achieve their policy objective of preserving strong links to
their nationals by providing for loss of nationality in such situations only where the
individuals concerned would not be left stateless.
49. Participants noted the difficulties faced by individuals in complying with the type of
requirements for retention set out in paragraphs (4) and (5) of Article 7 (declaration,
registration or residence). They noted that if States retain such provisions, they need to
take all possible steps to ensure that the persons concerned are informed individually and
in a timely manner of the formalities and time limits to be observed to retain their
nationality, as recommended under the Final Act of the 1961 Convention.
50. If States retain provisions whereby nationality is lost by naturalized citizens on the basis
of continuous residence abroad without registration with the authorities, renewal of a
passport is to be considered as registration. It is desirable to impose a time limit for loss
which is considerably longer than the validity of national passports. With the increasing
use of machine readable passports, this will often be ten years.
51. Given the consequences for the individual, it was recommended that any State that seeks
to retain this exception not provide for automatic loss of nationality in these cases, but for
the possibility of deprivation of nationality. This would enable the authorities to take all
relevant circumstances into account when making the deprivation decision, such as the
strength of ties between the person and the State concerned.
Deprivation of Nationality: Analysis of Articles 8 and 9 of the 1961 Convention
Article 8: deprivation of nationality
Basic rule: Article 8(1) – No deprivation of nationality if it results in statelessness
52. Article 8(1) of the 1961 Convention sets out the basic rule that a Contracting State shall
not deprive a person of his or her nationality if such deprivation renders him or her
stateless.
53. Paragraphs (2) and (3) of Article 8 set out an exhaustive list of exceptions to this basic
rule. While States may provide for deprivation of nationality on grounds other than those
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