4.5 Step Five: Apply the UNHCR guidelines and confirm client's citizenship or stateless status Be sure to carefully read the UNHCR Guidelines before you move forward in identifying your client's citizenship or stateless status and creating a plan of action to assist your client. There are four sets of UHCR guidelines95 on statelessness, all issued in 2012: • • • • No. 1: The definition of ‘Stateless Person’ in Article 1(1) of the 1954 Convention relating to the Status of Stateless Persons96 (UNHCR Definition Guidelines); No. 2: Procedures for Determining Whether an Individual is a Stateless Person (UNHCR Procedures Guidelines);97 No. 3: The Status of Stateless Persons at the National Level (UNCHR Status Guidelines);98 and No. 4: Ensuring Every Child's Right to Acquire a Nationality through Articles 1-4 of the 1961 Convention on the Reduction of Statelessness (UNHCR Child's Rights Guidelines).99 After considering all of the above, you will be able to confirm your assessment of the client's citizenship or stateless status. The reason for this exercise is to evaluate what options are available to resolve the client's problem. If a client is stateless and has no potential to acquire citizenship, you can advise her of the option for an exemption for permanent residence through section 31(2)(b) of the Immigration Act. On the other hand, if you find during your research that the client is either a citizen under the law of a country or has an opportunity under the law to obtain citizenship upon application, you will need to advise your client and take instructions from your client as to whether to pursue these options or not. If the client is not currently recognised as a national of any country, he or she can make an application for stateless status and protection, according to the UN conventions, even if he or she has the possibility to acquire citizenship in a country by application. The convention focuses on the person's current status in order to guard against putting stateless persons in an indefinite limbo by 95 96 97 98 99 54 All of the guidelines are available on www.refworld.org. Available at http://www.refworld.org/cgi-bin/texis/vtx/rwmain?page=search& docid=4f4371b82&skip=0&query=unhcr%20guidelines%20statelessness (accessed 30 September 2013). Available at http://www.refworld.org/cgi-bin/texis/vtx/rwmain?page=search& docid=4f7dafb52&skip=0&query=unhcr%20guidelines%20statelessness (accessed 30 September 2013). Available at http://www.refworld.org/cgi-bin/texis/vtx/rwmain?page=search& docid=5005520f2&skip=0&query=unhcr%20guidelines%20statelessness (accessed 30 September 2013). Available at http://www.refworld.org/cgi-bin/texis/vtx/rwmain?page=search& docid=50d460c72&skip=0&query=unhcr%20guidelines%20statelessness (accessed 30 September 2013). Promoting citizenship and preventing statelessness in South Africa: A practitioner’s guide