EUROPEAN UNION AGENCY FOR ASYLUM a specific country. It ‘is not a physical or biological, but a legal fact’ ( 45). In the context of international protection, nationality refers to the current nationality, that is the nationality the individual holds at the time of the assessment. For exceptions to this principle, see Section 4.2.2. Nationality not currently held. Nationality as legal status compared to nationality as a reason for persecution Nationality as a legal status for the purpose of determining an applicant’s country of reference is not to be confused with the much wider concept of nationality as a reason for persecution (for the latter, see Section 8. Nationality as a reason for persecution 2.1. Modes of acquisition of nationality Every country has its own set of rules regulating how it grants nationality. There are various ways in which a person can come to possess a nationality. Depending on national rules, a person may acquire nationality at birth through their parents (jus sanguinis) and/or by being born on the national territory of a country (jus soli). Most often, when nationality may be acquired for being born on the national territory of a country, the fulfilment of further conditions is needed such as the legal residency of the parents in the country, the duration of stay and the uninterruptedness of the stay. Another, less frequent, way of acquiring nationality based on the place of birth, can follow from state succession, for instance when a region secedes from a state to form a new state and its population acquires a new nationality (see further on the indicators of nationality in Section 3.1. Indicators of nationality (or lack thereof)). Nationality can also be acquired independently of one’s place of birth or of the parents’ nationality(ies) or state succession. This is commonly referred to as ‘naturalisation’ and includes, for example, acquiring nationality by adoption or acquiring nationality based on ‘socialisation’ criteria (e.g. marriage, long-term residency) or owing to extraordinary achievements (e.g. in the fields of science or sports). Countries can naturalise a citizen in several ways. Often this consists out of a combination of several criteria such as duration of legal residency, linguistic criteria and socio-economic requirements. In addition, some countries offer other possibilities to acquire their nationality, for example based on economic investments. (45) H. Storey, Nationality as an Element of the Refugee Definition and the Unsettled Issues of ‘Inchoate Nationality’ and ‘Effective Nationality’, Part 1, Ref Law, 11 June 2017. 16

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