Does client qualify for naturalisation? Naturalisation or citizenship by registration, as it is called in some countries, offers a discretionary path to citizenship for some foreigners who do not qualify for citizenship on any other grounds.74 • Naturalisation through marriage Naturalisation through marriage may grant a person a valid claim to the nationality of their spouse. For this reason, if your client is married, it is important to establish the nationality of the spouse and the law relating to the grant of nationality through marriage in his or her country. In some countries, citizenship is (or was under previous law) granted automatically by operation of law upon marriage to a citizen (i.e. former Rhodesia). Generally, the marriage will need to be registered civilly in order to be recognised for citizenship purposes. Important qualifying elements in this area of law may be requirements that a foreign spouse has been resident on the territory for a specific length of time and that the marriage itself has subsisted for a certain length of time. For example, a person will qualify for permanent residence in South Africa under the Immigration Act75 if such person has been the spouse of a South African citizen or permanent resident for a period of five years and the Director-General of Home Affairs is satisfied that a good faith spousal relationship exists. The spouse will qualify for South African nationality once having held such permanent residence for a continuous period of two years.76 Assessing citizenship and identifying a stateless person in practice It is also possible that the client will qualify for neither. This can occur, for example, when a child is outside his parents' country, which only allows citizenship to children born on the territory, in a country that only grants citizenship to children of citizen parents. Another important element to be mindful of is the possible lapse of this grant of permanent residence and/or citizenship through a spouse should the marriage dissolve. For example, permanent residence is granted to the spouse of a South African citizen on the above grounds with the condition that such permanent residence permit ‘shall lapse if at any time within two years from the issuing 74 75 76 Manby (n 4 above) 6. Section 26 of the Act, as amended by the South African Immigration Amendment Act No. 13 of 2011. Section (5)(a) of the South African Citizenship Act. Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide 45