Accessing immigration status and a path to citizenship Placing your client in one of the following categories can help you identify the possible solutions People with unrecognised claims to South African citizenship • people born in or outside South Africa to citizens • people born in SA to permanent residents • stateless persons born in South Africa • children born in SA to noncitizens who were not admitted to permanent residence TOOLS: • South African Citizenship Act • citizenship by birth • naturalisation • citizenship in cases of doubt • Exemption under Immigration Act • Judicial review • Resettlement People with no claim to South African citizenship • people born outside South Africa to foreign parents • stateless refugees • vulnerable foreign children (unaccompanied minors, orphans • foundlings TOOLS: • Foreign citizenship and immigration law • can client qualify for citizenship or lawful status in a country that might lead to citizenship? • Immigration Act and/or Refugees Act • Citizenship Act (adoption of foreign children by a citizen) • Exemption under Immigration Act • Judicial review • Resettlement Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide Finding a solution for clients: immigration status and citizenship Planning a way forward for your client: 57

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