PRACTICAL GUIDE ON NATIONALITY Figure 1. The main modes of acquisition of nationality Jus soli Jus sanguinis (territorial birthright) (birthright based on parent's nationality) Naturalisation The procedural requirements to ‘formalise’ the acquisition of a nationality can vary substantially, often depending on the mode of acquisition. For example, nationality by birth or descent often operates automatically. When nationality is acquired automatically, it is referred to as being acquired ex lege, by operation of the law. In these circumstances an individual does not ‘apply’ for the grant of nationality but rather follows a procedure for the acknowledgement, or confirmation of the nationality or for the acquisition of evidence of the nationality, which they already possess. This procedure is often part of the process of registering the birth of the child with the national authorities shortly after the birth but may also take place at a later stage. There are cases where ex lege nationality is held by an applicant but not yet formally recognised. In this case, a person will automatically become the national of that state, for example at birth, even if their (already existing) nationality has not yet been formally acknowledged. In other words, the fact that the person may have not (yet) taken steps to have their nationality recognised by their national authorities (e.g. by registering themself with their national authorities) does not detract from the fact that there is a legal bond with that country based on which they can be considered to be a national of that country. Where an applicant has a nationality, even if they have no evidence to that effect, they are a national of that country. The non-automatic modes of acquisition based on long-term residency and ‘socialisation’ criteria usually mean that the individual has to explicitly apply for nationality. The power to grant nationality may be discretionary, which means that the authority retains the possibility of assessment and judgement. This may be the case, for example, when it comes to the assessment of what constitutes an ‘extraordinary achievement’. It can also be the case where the nationality may be granted based on purely opportunistic grounds. An application for nationality may be rejected even if it fulfils the required criteria. There are also situations where, though the mode of acquisition is non-automatic, the authority has no discretion and has to grant nationality where the legal conditions of acquisition are met. This may be the case, for example, when the fact of being born of parents who are nationals is sufficient to be granted nationality but that a specific request needs to be made and a formal decision needs to be made by the national authorities. This is common where the child requests the recognition of that nationality once they have become an adult. 17