Statelessness Working Paper Series No. 2017/02 increased to fourteen years and eleven years respectively by the 2003 Act39 thereby leaving many stateless persons in a legal limbo. The First Schedule was omitted40 and the term 'citizen' in relation to a ‘specified country’ in the First Schedule was substituted by 'illegal migrant' which is defined as a foreigner entering India.41 This poses a challenge for stateless persons in India to acquire nationality, as they often do not possess the necessary documents. Thus matters of legal status complicate eligibility as their very condition creates an obstacle to legal means to citizenship. Moreover, the amendment affected provisions to Section 5 that made 'illegal migrants' and their children unqualified for registration,42 i.e. the application for registration of minors under Section 5(1)(d) requires a copy of valid foreign passport, a copy of the valid residential permit but also proof that each parent of the minor is an Indian citizen.43 These conditions bar stateless minors to attempt to naturalise as they usually do not possess such documents. Moreover, it does not consider circumstances where one parent is an Indian citizen and the other is not. Regarding naturalisation,44 there was a minor but very significant step towards avoiding statelessness. The Principal Act originally required that an applicant for naturalisation renounces their nationality before application, which was substituted by the applicant “undertakes to renounce the citizenship of that country in the event of his application for Indian citizenship being accepted.” This is an significant as it provides a safeguard that in case an application for Indian citizenship is denied; the applicant still has his/her former nationality. This is in accordance with the 1930 Hague Convention (Article 16), and the 1961 Convention (Article 7(1) and (2)). 2.2.1 Citizenship by birth Section 3 of the Citizenship Act provides for the ascription of citizenship via jus soli if both or one of the parents is an Indian citizen, as long as the other is not an irregular migrant.45 However, the law does not provide jus soli safeguards if the child would be otherwise stateless. Furthermore, since the law provides that even if just one parent is an illegal migrant, the child’s eligibility to acquire the nationality from the other parent, whether by birth or by descent, would be denied. Moreover, Section 3(2)(b) states that in situations where the birth takes place in a territory that had then been under occupation by 'the enemy' and either of the parents are an 'enemy alien', the child would not be able to obtain Indian citizenship by birth. However, the Act does not provide a definition of ‘enemy alien’ and thus this provision is liable to changes in times of war; and secondly, the provision does not make any reference to scenarios where either or both of the parents may be 'enemy alien(s)' but the birth takes place in the territory of India not under occupation by the enemy. 39 Section 18(c), The Citizenship (Amendment) Act, 2003 Section 16, ibid. 41 Section 2(i), ibid. 42 Section 5, ibid. 43 See Form IV, Part II, The Citizenship Rules, 2009 44 Found under the Third Schedule of the Principal Act 45 The Act defines an 'illegal migrant' as a foreigner entering India: (i) without a valid passport or other travel document; or (ii) with a valid passport or other travel documents but has overstayed in India beyond permitted time. Section 2, The Citizenship (Amendment) Act, 2003 40 4