In regard to the practice of registering a child as having “unknown” nationality, UNHCR would like to note
that its Guidelines recommend that when a State finds a child to be of undetermined nationality, the State
should seek to determine whether the child is otherwise stateless as soon as possible so as not to prolong
the child’s status of undetermined nationality.126
Establishing statelessness of a child for the purpose of acquiring Swedish citizenship by notification
In cases where a notification is made to the SMA on acquisition of Swedish nationality for a stateless child
born in Sweden pursuant to Section 6 of the Act on Swedish Citizenship, or in respect of a stateless child
who has been lawfully and habitually residing in Sweden for the past two years, in accordance with Section
7 of the Act (see further below in Section 4.3.1.1), an assessment of the child’s statelessness is conducted by
the Citizenship Unit of the SMA, independently from previous assessments undertaken by the other units of
the SMA and the Swedish Tax Agency. The Citizenship Unit may however occasionally consult the Swedish
Tax Agency regarding the grounds of their determination.127
The Government Bill on the Act on Swedish Citizenship128 states that it is not required that the child’s
identity has been fully established in order to consider a child as stateless and therefore entitled to acquire
Swedish citizenship through notification pursuant to Sections 6 or 7 of the Act; this is different from the
strict requirement to establish identity in naturalization proceedings. As long as the information about the
child’s identity is sufficiently clear and it can be established that the child is stateless, the child should be
able acquire Swedish nationality, even if the identity of the parents remains unclear to a certain extent.
Furthermore, it is stated that even though registering the child with incorrect information may have a
negative impact from the point of view of private and family law, the benefit of being able to acquire Swedish
nationality and not remaining stateless would outweigh these potential difficulties.129 Nonetheless, the
Government Bill specified that the provisions concerning stateless children should only be applicable if it
has been confirmed that the child is stateless. The provisions concerning stateless children should not cover
children whose nationality has not been established.130
In practice, the Citizenship Unit determines the nationality, or the lack thereof, of a child based solely on
whether the child automatically, acquires a nationality at birth by operation of law. If the nationality laws
of the parents’ country(ies) of nationality require the parents to take any action, by way of an application or
a simple measure such as registering the child with the authorities of the country for the child to acquire a
nationality, and the parents have not done so, the child is not considered to have acquired any nationality.
Such a child is thereby considered stateless and, if meeting the other criteria, acquires Swedish nationality.
It is not taken into account that the child may have a right to acquire another nationality, as the determining
factor is the lack of automatic acquisition of nationality at birth.131 This practice of considering as nationals of
another country only those children who acquired nationality ex lege at birth has its basis in the Government
Bill on the Act on Swedish Citizenship, which states that the more beneficial provisions for the naturalization
of stateless persons are reserved only for those who have not themselves taken any measures to become
stateless.132
Nonetheless, the standard of proof is high in order for Sections 6 and 7 of the Act on Swedish Citizenship
on the acquisition of Swedish nationality through notification for stateless children to be applicable. This is
because in both cases it has to be clear that the child is stateless. If the matter remains unclear to any extent,
126
UNHCR, Guidelines, para. 22.
127
Telephone conversation with the SMA, 21 September 2012.
128
Regeringens proposition (1999/2000: 147) Lag om svenskt medborgarskap, available at: http://goo.gl/gqXQwE.
129
Ibid., pp. 38-39.
130
Ibid., p. 39.
131
Ibid., pp. 38-39 and email from SMA, 12 October 2016.
132
Ibid., p. 46, and confirmed by the SMA in email, 12 October 2016.
UNHCR STOCKHOLM, 2016
39