–– voluntary service in a foreign military force;
–– conduct seriously prejudicial to the vital interests of the State;
–– lack of a genuine link between the State and a national who habitually resides
abroad;
–– preconditions leading to the automatic acquisition of the nationality of the State,
as set out in domestic law, were not fulfilled (this is applicable only to minors); or
–– an adopted child acquires or possesses the foreign nationality of one or both of
the adoptive parents.
Main provisions of the 1961 Convention on the Reduction of Statelessness
On granting nationality (Articles 1, 2, 3 and 4)
Nationality shall be granted to those who would otherwise be stateless who have
an effective link with the State through either birth or descent. Nationality shall be
granted:
32
•
at birth, by operation of law to a person born in the State’s territory;
•
by operation of law at a fixed age, to a person born in the State’s territory,
subject to conditions of national law;
•
upon application, to a person born in the State’s territory (the application may
be made subject to one or more of the following: a fixed period in which the
application may be lodged, specified residency requirements, no criminal
convictions of a prescribed nature, and/or that the person has always been
stateless);
•
at birth, to a legitimate child whose mother has the nationality of the state in
which the child is born;
•
by descent, should the individual be unable to acquire nationality of the
Contracting State in whose territory they were born due to age or residency
requirements (this may be subject to one or more of the following:
a fixed period in which the application may be lodged, specified residency
requirements, and/or that the person has always been stateless);
•
to foundlings found in the territory of a Contracting State;
•
at birth, by operation of law, to a person born elsewhere if the nationality of
one of the parents at the time of birth was that of the Contracting State; and
•
upon application, as prescribed by national law, to a person born elsewhere
if the nationality of one of the parents at the time of the birth was that of
the Contracting State (the application may be subject to one or more of the
following: a fixed period in which the application may be lodged, specific
residency requirements, no conviction of an offence against national security,
and/or that the person has always been stateless).