As for all clients who are stateless or at risk of statelessness, the 'first prize' will always be access to nationality. This must always be the first port of call as an attorney or social worker. In practice this will usually involve liaising between the client and consular authorities in an attempt to pave the way towards recognition of your client. If, however, your status determination reveals that your client does not qualify under the law of any state, or no consular authority will extend protection to your client at your request, your client is stateless and can be assisted in accessing nationality through a period of permanent residence in South Africa. 5.2.1 Permanent residence exemption: a path to nationality in South Africa Immigration Act 13 of 2002 31(2). Upon application, the Minister, as he or she deems fit, after consultation with the Board, may under terms and conditions determined by him or her – (b) grant a foreigner or a category of foreigners the rights of permanent residence for a specified or unspecified period when special circumstances exist which justify such a decision; provided that the Minister may – (i) exclude one or more identified foreigners from such categories; and (ii) for good cause, withdraw such right from a foreigner or a category of foreigners; ... The only means which currently exists to protect such stateless persons who were not born in South Africa is section 31(2)(b) of the Immigration Act, which allows for a special application to the Minister for permanent residence for an individual or category of foreigners (such as stateless persons) for an indefinite or definite period. The application must show that ‘special circumstances exist which justify such a decision.’ In other words, this is a catch-all provision that can provide protection to persons who can show good cause why they ought to be granted permission to remain on the territory, despite the fact that they do not meet the ordinary requirements for permanent residence in South Africa. If permanent residence is granted, the client can then work his or her way to naturalisation after 5 years of residence. Section 10.1.2 has an example of an exemption for permanent residence application drafted by LHR. The regulation to the Immigration Act’s section 31(2)(b) now contains a direction which stipulates that the aim of this provision is ‘... to promote economic growth through the employment of foreign labour ...’. One could 96 Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide