I) Granting of Nationality (Articles 1-4). 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, under the terms of the 1961 Convention, can be classified by person and
by the means of acquisition. By person, it can be conditionally divided into two categories:
• persons born in the territory of a Contracting State;
• persons born elsewhere.
By the means of acquisition, under the 1961 Convention, nationality is assignable by
birth or by application.
1) Nationality is granted to persons born on the territory of the Contracting State who
would otherwise be stateless in the following circumstances:
a) At birth by operation of law;
b) Upon application to the appropriate authorities by the interested person or in
his/her name as prescribed by national law. No such application may be rejected but Contracting States may make the grant of nationality subject to the
following conditions:
I) Establishment by the state of a fixed period in which the application may be
made (between the ages of 18 and 21),
II) Requirement of habitual residence within the territory of the state for a period set
by the state, but not more than 5 years immediately before making the application, and in total not more than 10 years,
III) A lack of conviction for a crime against state security or a sentence of loss of
liberty for five years or a longer period on criminal charges,
IV) That the individual has always been stateless.
c) At birth to a legitimate child, whose mother has the nationality of the State in
which the child was born;
d) To foundlings found on the territory of the contracting State.
2) Nationality is given to persons born elsewhere, who would otherwise be stateless, if at
the moment of birth one of the parents was a citizen of the State in question:
a) At birth, by operation of law;
b) Upon application to the appropriate authorities by the interested person or
on his/her behalf as prescribed by national law. No such application may be
rejected.
Grant of nationality under a) or b) may be made subject to one or more of the following conditions:
I) A fixed time-frame in which the application must be lodged, within the limits of
the applicant reaching a defined age, which should not be less than 23;
II) Has habitually resided in the State for not be more than 3 years immediately
before lodging the application;
III) Has not been convicted for a crime against state security;
IV) That the individual has always been stateless.
II) Loss/Renunciation of Nationality (Articles 5, 6 and 7). Loss or renunciation of nationality should be conditional upon the prior possession or assurance of acquiring another
nationality, i.e. loss of nationality should not render a person stateless. An exception may
be made in the case of naturalised persons who, despite notification of formalities and
time-limits, reside abroad for not less than seven years and fail to express an intention to
retain their nationality. In this specific context, a naturalised person refers only to a person
who has acquired nationality upon an application which the Contracting State concerned
could have refused. Retention of nationality for persons born outside the territory of a Contracting State one year after they reach the age of majority may also be made conditional
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Small Changes ـBig Gains: An Action Plan to Prevent and Reduce Statelessness in the Kyrgyz Republic
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