PRACTICAL GUIDE ON NATIONALITY
certificate (with mention of the place of birth) combined with COI confirming that the country
applies unrestricted jus soli.
In most cases, birth certificates alone are not sufficient to establish nationality and need to be
combined with other elements. For example, when domestic law sets out that nationality is
transferred through the father, the applicant’s birth certificate bearing information on the
identity of the father, along with the father’s proof of nationality (e.g. passport or consular
certificate), may suffice to substantiate the applicant’s nationality.
Citizenship or nationality certificates
Citizenship or nationality certificates are documents issued by the state to certify that the
person who is identified in the certificate holds the nationality of that state. Such certificates
include the name and surname of the person, their date and place of birth. They may include
other identification elements, such as a photograph of the person, the name of their parents
(and their own identification data) and the way nationality was acquired. The presence of a
picture of the applicant on the certificate will strengthen its probative value as you will be able
to make a clear connection between the document and the applicant.
The date of issue is also included. The validity of nationality certificates may be limited in time
(e.g. 6 months). Indeed, unlike a birth certificate, which certifies an immutable one-off event, a
certificate of nationality can only certify a factual state at the time when it was established.
However, even an ‘expired’ nationality certificate may give you a strong indication as to the
(previous) nationality of the applicant.
As for all documents, keep in mind the circumstances and conditions under which nationality
certificates may be issued by national authorities. There may be some limitations, for example,
some countries only issue such certificates for nationals who were born abroad.
Residency cards and permits
Residency cards and permits are issued by the state to help identify that a person is legally
staying on its national territory, often for a longer period of time.
Residency does not equal nationality. It is not the case that because someone has legally
resided in a particular country for a prolonged period, or even their whole life, that it can be
presumed that they have acquired the nationality of that country. Residency cards often
mention the nationality of the holder, which is an indication of the applicant’s nationality but
not evidence of the fact.
However, legal residency in a country is an important element to consider in the case of
stateless applicants to determine the country of habitual residence or in the context of a safe
third country assessment.
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