THEMATIC BRIEFING | JULY 2021 Deprivation of nationality and the prevention of statelessness in Europe 7 there have been instances of ‘quasi-loss’ of nationality whereby the authorities claim an individual has never held Serbian nationality despite being treated as such up to that point. The individuals affected received certificates confirming that their nationality was not registered and that they held the nationality of the former Socialist Federal Republic of Yugoslavia. The competent authority did not examine whether the individual would be rendered stateless as a result of the cancellation of their nationality certificates. Experts report that such cases are becoming increasingly rare. Insecurity in cases of fraud Fraud is the most common ground on which deprivation of nationality is permitted and operates in 19 of the 27 Index countries.19 However, the data is insufficient to establish whether States apply deprivation of nationality on this ground if it would result in statelessness. In France, for example, the courts consistently quash deprivation orders on grounds of fraud if this would leave the individual stateless.20 In other countries, time limits restrict the ability of the State to deprive individuals of their nationality on grounds of fraud, therefore the acquisition of nationality becomes irrevocable if the State does not initiate the relevant procedure within a certain period since nationality was acquired.21 When these time limits are relatively short, such as in Belgium and Germany (five years), they protect legal certainty and foster inclusion. However, when time limits are lengthy, such as in Bulgaria, Latvia, and Hungary (10 years), the Netherlands (12 years), or Spain (15 years), they increase legal instability and leave the individual with insecure nationality. In France, the time limit is two years after the discovery of the fraud, rather than two years after acquisition of nationality, which also creates insecurity. Multiple grounds for deprivation of nationality 10 Index countries allow for statelessness to arise on grounds other than fraud. Cyprus has as many as nine grounds on which Cypriots could be deprived of their nationality, none of which has a safeguard to prevent statelessness. In Cyprus, Malta, and Ireland, naturalised nationals can also be rendered stateless if they reside abroad for seven years without notifying the relevant authorities. Such legal provisions (remnants of the British Empire) do not contravene the 1961 Convention, but they do violate the ECN. In other Index countries, the most common grounds for deprivation of nationality potentially resulting in statelessness include disloyalty and service in a foreign army. For example, Austria, Germany, Ireland, Spain, and Greece allow for statelessness to arise in cases where their nationals serve in foreign armed forces, but it is unclear whether such provisions are still applied in practice.