PRACTICAL GUIDE ON NATIONALITY
previously held, with or without acquisition of a new one. Conversely, it can also lead
to widespread statelessness where action on the part of individuals is required to
confirm or acquire the new nationality and this action has not taken place (e.g.
deadlines are missed, marginalised or vulnerable individuals are unaware that they
need to take action or are excluded from this process, including due to discrimination).
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Some states have rules in relation to automatic revocation of nationality. For example,
nationals who have left their country or reside abroad may lose their nationality
automatically after a certain period of time or may lose it if they have not taken certain
administrative steps to register abroad with their national authorities.
You will find further information on how these elements affect the determination of the country
of reference and the examination of the need for international protection in Sections 4. Special
situations in acquiring or losing nationality and 7. Nationality and acts of persecution or serious
harm.
If none of the means to acquire a nationality are fulfilled in the individual case of the
applicant, or if it appears that the applicant has lost the only nationality that they
held, this is an indication that the applicant is stateless.
Indicators of nationality and how to use them
The indicators, which are described below, should be considered in conjunction with
available country of origin information (COI) regarding the law and practice of the potential
country(ies) of nationality at the time of the (possible) acquisition or loss and with reference
to the applicant’s statements and documents. On the importance of COI and how COI
should be used in determining nationality, see Section 5.3. Country of origin information.
This list of potentially relevant indicators is not exhaustive as the assessment must be
adapted to the circumstances of the individual case.
(a)
Birth in a country
The nationality law of some countries provides for the acquisition of nationality on the basis of
birth on their territory (jus soli). Therefore, an applicant who was born in a country where jus
soli applies could be considered as a national of that country. However, additional conditions,
such as the parent’s legal residence, may apply (see also Section 2.1. Modes of acquisition of
nationality).
When an applicant was born in a country other than that of which they claim to be a
national, and where jus soli applies, this could mean that the applicant has either more
than one nationality or only the nationality of the country where they were born. You should
explore this possibility further with the applicant.
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