ANNEX COMPARATIVE OVERVIEW OF PROVISIONS IN ARTICLES 1 AND 4 OF THE 1961 CONVENTION WITH EMPHASIS ON PERMISSABLE CONDITIONS FOR APPLICATIONS FOR NATIONALITY (Differences between the conditions allowed by each provision are indicated in bold) Article 1 (2) Obligation falls on a Contracting State in which a child who would otherwise be stateless is born Child born in the territory of that Contracting State Article 1 (4) and (5) Obligation falls on a Contracting State of which a child’s parent is a national Article 4 (2) Obligation falls on a Contracting State of which a child’s parent is a national Child born in the territory of another Contracting State whose nationality the child has not acquired Child born to a parent of a Contracting State that is not the State of birth of the child Child born in the territory of another non-Contracting State a) application lodged before the applicant reaches an age, being not less than twenty-three years a) application lodged before the applicant reaches an age, being not less than twenty-three years b) habitual residence for a period not exceeding five years immediately preceding the lodging of the application nor ten years in all b) habitual residence for a period immediately preceding the lodging of the application, not exceeding three years b) habitual residence for a period immediately preceding the lodging of the application, not exceeding three years c) no sentence because of an offence against national security or sentence to imprisonment for a term of five years or more on a criminal charge N.B. if application in State of birth was rejected because of criminal record, Article 1 (4) does not apply c) no sentence because of an offence against national security d) applicant has always been stateless c) applicant has always been stateless d) applicant has always been stateless Nationality status of the parent immaterial so long as the child born in the territory of the Contracting State would otherwise be stateless (and has not acquired the nationality of his/her parents) a) application lodged during a period, beginning not later than at the age of eighteen years and ending not earlier than at the age of twentyone years. Period must include at least one year during which applicant does not need to obtain legal authorization to apply 14 Child born to a parent of a Contracting State