Assessing citizenship and identifying a stateless person in practice In this section, we will cover how to assess a person’s citizenship status and how to identify a stateless person in practice. We recommend the following steps in determining whether or not a person is stateless and assessing what solutions are available to resolve a client’s situation (namely, to access citizenship or a path to citizenship): • Step 1: Personal history interviews • Step 2: Analysis of the states to which the client has ties • • • • • • Does an internationally recognised state exist? ¤ What are the laws of relevant state(s)? Has the client acquired citizenship? ¤ Citizenship by birth or descent Does the client qualify to apply for citizenship? ¤ Naturalisation or citizenship by registration • Marriage • Habitual Residence ¤ Other possibilities Has the client lost or been deprived of citizenship? What is the practice in this state towards people like the client? Towards the client himself/herself? Step 3: Make your initial assessment • • • Client is not stateless Client is at risk of statelessness Client is currently stateless • Step 4: Contacting competent authorities for confirmation of citizenship status • Step 5: Apply UNHCR guidelines and make final assessment, allowing you to plan which legal remedies to pursue for the client Assessing citizenship and identifying a stateless person in practice 4 Practice tip: One must be careful not to label a client stateless prematurely. In dealing with other actors, such as foreign missions or government agencies, referring to a client as 'stateless' leads to avoidance of responsibility towards the individual by various states.71 71 UNHCR TPLP Distance Learning Revised Africa Chapter 1 (2011). Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide 41