DIR/JUR (2004) 3 rev.
EUROPEAN
BULLETIN
ON
NATIONALITY
STRASBOURG
OCTOBER 2004
|
INTRODUCTION |
The aim of this Bulletin, which has been prepared by the Committee of experts on nationality (CJ-NA), a subordinate committee of the European Committee on Legal Co-operation (CDCJ), is to enable persons concerned with questions of nationality to have a better understanding of the laws of European States in this field.
Owing to the valuable contribution of all persons concerned in its preparation and production, this Bulletin now contains practical information on the nationality laws of almost all European States.
The Committee of experts on nationality (CJ-NA), which is the only European intergovernmental committee specialising in matters relating to nationality, and the European Committee on Legal Co-operation (CDCJ) produced the European Convention on Nationality. This Convention, which was opened for signature on 6 November 1997 and came into force on 1 March 2000[1], consolidates, in a single text, the important issues relating to nationality and may be considered as a real European code on nationality.
oOo
The validity of each contribution is dependent on the updates forwarded by the contributing States.
|
TABLE OF CONTENTS |
Introduction ......................................................................................................................... 3
1. Questionnaire on Nationality................................................................................... 7
2. Replies by the States
A. Part I: Member States of the Council of Europe
Albania .................................................................................................................... 11
Andorra ................................................................................................................... 15
Armenia ................................................................................................................... 19
Austria ..................................................................................................................... 23
Azerbaijan ............................................................................................................... 29
Belgium ................................................................................................................... 33
Bulgaria ................................................................................................................... 41
Croatia ..................................................................................................................... 47
Cyprus ..................................................................................................................... 51
Czech Republic ....................................................................................................... 59
Denmark .................................................................................................................. 69
Estonia ..................................................................................................................... 73
Finland .................................................................................................................... 77
France ...................................................................................................................... 79
Germany .................................................................................................................. 87
Greece ..................................................................................................................... 93
Hungary ................................................................................................................... 99
Iceland ................................................................................................................... 103
Ireland ................................................................................................................... 107
Italy ....................................................................................................................... 113
Latvia .................................................................................................................... 119
Liechtenstein ......................................................................................................... 127
Lithuania ............................................................................................................... 131
Luxembourg .......................................................................................................... 135
Malta ..................................................................................................................... 141
Moldova ................................................................................................................ 149
Netherlands ........................................................................................................... 153
Norway .................................................................................................................. 157
Poland ................................................................................................................... 159
Portugal ................................................................................................................. 163
Romania ................................................................................................................ 169
Russian Federation ................................................................................................ 173
San Marino ............................................................................................................ 177
Slovak Republic .................................................................................................... 179
Slovenia ................................................................................................................. 183
Spain ...................................................................................................................... 189
Sweden .................................................................................................................. 195
Switzerland ........................................................................................................... 197
"The Former Yugoslav Republic of Macedonia" .................................................. 201
Turkey ................................................................................................................... 209
Ukraine .................................................................................................................. 213
United Kingdom ................................................................................................... 219
B.Part II: Non-member States of the Council of Europe
Canada .................................................................................................................. 229
Holy See ................................................................................................................ 233
Kyrghystan ............................................................................................................ 235
|
Questionnaire on Nationality |
The information which is requested below should be sent to :
The European Documentation Centre (EURODOC)
Council of Europe
Directorate General of Legal Affairs
Department of Public Law
67075 Strasbourg
Tel: (33) 03 88 41 21 39
Fax : (33) 03 88 41 27 64
E-mail: [email protected]
1. Legislative provisions concerning nationality
a) texts in force .....
b) main principles and provisions .....
c) multiple nationality..........
2. International agreements in force[2].....
3. Recent legislative developments ......
4. Draft legislation and new trends ....
5. Recent judicial decisions ....
6. Recent publications .....
7. Any other information .....
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe) :
Ministry (address, telephone, fax, e-mail) .....
A
PART I
_______
Member States of the Council of Europe
|
ALBANIA |
1. Legislative provisions concerning nationality
a. Texts in force
- Constitution (Article 19)
- Law No.8389, date 5 August, 1998 on the Albanian Nationality, proclaimed with the Decree No. 2188, date 13 August 1998 of the President of the Republic of Albania, and published in the Official Journal of the Republic of Albania No. 21, of August 1998, entered into force in September 1998. It has abrogated the previous Decree On the Albanian Nationality as well as its later amendments.
- Law No. 8422, date 21 January 1999, "On some changes to Law No. 8389, date 5 August 1998, "On the Albanian Nationality".
b. Main principles and provisions
A. Acquisition of the Albanian nationality:
i. By birth, in cases when:
- at least one of the parents at the time of child's birth is an Albanian national, regardless of whether the child is born within or outside the territory of Albania;
- a child is born or found within the territory of the Republic of Albania and is born of unknown parents, and consequently would remain stateless;
- in other cases upon consent of both parents.
ii. By naturalisation, upon fulfilment of the following conditions:
- age of 18;
- normally, lawful residence in the territory of Albania for at least 5 years; at least 3 years for people who prove to be of Albanian descent up to the second generation; at least 1 year for people who are married to an Albanian national for not less than 3 years.
- has a home and sufficient income;
- has not been condemned for any criminal offence punishable of at least 3 years of imprisonment;
- knowledge, at least elementary of the Albanian language;
- his/her acceptance as an Albanian national should not affect the security and defence of the Republic of Albania;
- scientific, economic, cultural, or national interest of the Republic of Albania;
- is a child under 18 living with its parents who have acquired their Albanian nationality by residence.
iii. By adoption
- when both parents are Albanian nationals;
- when at least one of the parents is an Albanian national and both of them at the time of the adoption live in the territory of the Republic of Albania;
- in any other case when the child risks to remain stateless as a result of the adoption.
B. Loss of the Albanian nationality
i. By renunciation, upon request of the person when he/she fulfils the following conditions:
- has reached the age of 18;
- does not remain stateless as a result of the renunciation of the Albanian nationality, because he/she holds a foreign nationality, acquires a foreign nationality, or guarantees that he/she will acquire a foreign nationality;
- is a resident in a foreign state;
- is not under penal proceedings for criminal offences, which under the Albanian legislation are punishable for at least 5 years of imprisonment;
- does not have any legal obligations towards state authorities, physical or legal persons;
ii. By revocation of the decision for granting of the Albanian nationality, if it is proved that the alien or the stateless person, consciously has based the application for granting of the Albanian nationality on incorrect data or falsified documents.
-For minors, the Albanian nationality is lost when both parents, who on their behalf have renounced the Albanian nationality, agree that also their child should leave the Albanian nationality.
- Even if one of the parents does not agree for the child to loose the Albanian nationality, the child can loose its nationality, if it is deemed that such a thing is in the interest of the child and if the child holds or will acquire another nationality.
- An Albanian minor looses its Albanian nationality when adopted by foreign parents, and acquires in that case a new nationality.
C. Recovery of the Albanian nationality
i. Upon an application, if the person who has renounced the Albanian nationality because of a promise for acquiring another nationality, does not acquire the promised nationality within a reasonable time.
c. Multiple nationality
The Albanian national may also be a national of another state (Article 3)
The Albanian state reserves the right, in accordance with the spirit of the international conventions on the avoidance of cases of dual nationality and statelessness, to require that its national or the applicant for the Albanian nationality, choose only one nationality. (Article 27)
2. International Agreements in Force
- International Covenant on Civil and Political Rights of 1966 (UN).
- Convention on the Nationality of Married Women, 1957.
- Convention on the Elimination of All Forms of Racial Discrimination, 1966.
- Convention on the Elimination of All Forms of Discrimination Against
Women, 1979.
- Convention on the Rights of the Child, 1989.
- Convention related to the Status of Refugees, 1951.
- Protocol related to the Status of Refugees, 1967.
3. Recent legislative developments
4. Draft legislation and new trends
None
5. Recent judicial decisions
None
6. Recent Publications
None
7. Any other information
None
8. Enquiries concerning matters relating to nationality (in addition to information
which may be obtained from the Council of Europe):
Ministry
Ministry of Foreign Affairs
Blv. Jeane dtArc
Tirana
ALBANIA
Tel : (355 42) 640 90 ext. 186
Fax: (355 42) 620 85
|
ANDORRA (updated on 27/09/2004) |
1. Legislative provisions concerning nationality
a. Texts in force
Constitution (Article 7)
Nationality Act of 5 October 1997 (Official Bulletin of 31.1.1996)
Nationality Act of 27 May 2004 amending the previous Act (Official Bulletin of 30.06.2004)
b. Main principles and provisions
Main principles
1. Andorran nationality by birth is based on a combination of the principles of ius sanguinis and ius soli
In this way, a child born in Andorra, or abroad, to an Andorran mother or father is Andorran by birth. However, the second generation born abroad loses its nationality by birth.
A child born in Andorra is Andorran if both parents are stateless or of unknown identity. A child born in the Principality to foreign parents is Andorran if either parent had been living in Andorra for eighteen years or more at the time of birth. If that is not the case, the child obtains Andorran nationality once the sum of the length of time either parent had resided in Andorra and the duration of the child's residence there reaches a total of 18 years.
2. Principle of equality between men and women
Andorran nationality may be acquired equally from either parent, without distinction. The principle of equality is stated in Article 1 of the Constitution and in the Universal Declaration of Human Rights, which is constitutionally incorporated into the national legal system.
3. Principle of actual residence
Acquisition of Andorran nationality other than by descent is subject to actual continuous residence in Andorra.
4. Principle of prohibition of dual nationality
Anyone acquiring or holding another nationality - even where the acquisition of Andorran nationality derives from previous provisions on the matter - forfeits Andorran nationality within the period and subject to the conditions provided for by law (Nationality Act, Part III).
Main provisions
A. Andorran nationality by birth
1. A child born in Andorra to an Andorran mother and/or father, or born abroad to an Andorran parent born in Andorra, is Andorran by birth.
2. A child born in Andorra is Andorran by virtue of birth on Andorran soil if either parent was born in Andorra and is living there at the time of birth, or if both parents are stateless or of unknown identity.
3. A child of foreign parents may acquire Andorran nationality by birth in Andorra if at the time of his/her birth one of the parents has completed 10 years’ permanent residence in Andorra. Otherwise, the child may become Andorran before attaining the age of majority or a year after reaching the age of majority if his/her parents have been permanently resident in Andorra for 10 years or if he/she him/herself can prove that he/she has lived in Andorra permanently and uninterruptedly for the last five years (in the meantime, the child has a provisional passport).
B. Acquisition of Andorran nationality
1. By adoption of a minor under the age of 14.
2. By descent, a child born abroad to an Andorran mother or father who was also born abroad can acquire Andorran nationality once s/he has taken up residence in Andorra.
3. By descent, the grandchildren of a person of Andorran nationality can acquire Andorran nationality once they have been resident in Andorra for at least 18 years.
4. By marriage with a person of Andorran nationality, after 3 years of genuine and continuous residence in Andorra (before or after the marriage, or the two periods combined).
5. By naturalisation for the foreigner who has been living permanently in Andorra for 20 years or who can certify that his/her principal and permanent residence has been in Andorra for the 10 years preceding his/her request and has followed all the obligatory education in Andorra except for those courses that take place outside Andorra.
6. In each of the above cases, acquisition of nationality only takes effect once the person concerned has renounced all previous nationalities and provided evidence of integration into the Andorran community.
7. By public office, for the personal representatives of the Co-Princes, the heads of their private offices, Constitutional Court judges and priests assigned to the parishes (municipalities).
C. Loss of Andorran nationality
1. By voluntary renunciation, provided that the person concerned has another nationality and that the renunciation does not imply fraudulent evasion of the law.
2. Andorran nationality is lost by Andorran nationals who:
- voluntarily acquire another nationality;
- enlist in a foreign army;
- take up elected or political office in a foreign state.
D. Reinstatement
Reinstatement is possible if Andorran nationality has been lost through marriage with a foreign citizen, and in the first year of legal adulthood if it has been lost through adoption or legitimation.
2. International agreements
None.
3. Recent legislative developments
Following the judgment of the Constitutional Court on 15 March 1994 declaring null and void certain provisions of the previous Nationality Act (passed on 3 September 1993), the truncated text was reformed by a new Act. The Act now in force was submitted for review by the High Court, which did not detect any provisions conflicting with the Constitution (judgment of 8 January 1996). The new Act made it possible to naturalise foreign nationals after 25 years of residence and to grant Andorran nationality to children born in Andorra to stateless parents.
4. Draft legislation and new trends
None.
5. Recent judicial decisions
None.
6. Recent publications
None.
7. Any other information
None.
8. Enquiries concerning matters relating to nationality
Govern d'Andorra
Secretaria d'Estat Interior
Edifici administratiu
Andorra la Vella - Andorra
Tel: 00 376 829345
Fax: 00 376 869250
|
REPUBLIC OF ARMENIA (updated on 31.07.2002) |
I. Legislative provisions concerning nationality
a. Texts in force
- Constitution of the Republic of Armenia of 5 July 1995;
- Nationality Act of the Republic of Armenia of 19 November 1995, amended by the laws of 18 November 1997 and 12 October 1999;
- Government Decree no. 192 of 25 June 1996 on implementation of the Nationality Act of the Republic of Armenia.
b. Main principles and provisions
Acquisition of Armenian nationality
i. by birth
1. Children whose parents are Armenian at the time of the birth, regardless of the place of birth, acquire Armenian nationality.
2. Children who have one Armenian parent and one unknown or stateless parent acquire Armenian nationality.
3. Children who have one Armenian parent and one foreign parent acquire the nationality of one of their parents by express agreement of the latter. Failing agreement, the child acquires Armenian nationality if he was born in Armenia, becomes stateless or if his parents live permanently outside Armenia.
4. Children born in Armenia and whose parents are stateless acquire Armenian nationality.
5. Children who are born in Armenia and whose parents are unknown are Armenian.
ii. by naturalisation
1. Foreigners may apply for Armenian nationality on condition that they:
- are at least 18 years of age;
- have lived permanently in Armenia for the last three years;
- have adequate knowledge of the Armenian language;
- know the Constitution;
- demonstrate good conduct (no activities undermining national security, public safety, public order, health or morality, rights and freedoms or another person's honour and reputation).
2. The following persons may acquire Armenian nationality through simplified naturalisation (with no period of residence required):
- a member of the family of an Armenian (spouse, child, parent);
- a person with one or both parents having previously held Armenian nationality;
- a person of Armenian origin who settles in Armenia.
3. Persons having rendered exceptional services to Armenia may acquire Armenian nationality without having to complete the aforementioned formalities.
iii. group acquisition of nationality
Group acquisition of nationality is possible in the case of repatriation.
iv. reinstatement of Armenian nationality
A person having lost Armenian nationality may have it reinstated upon request provided that none of the negative grounds set out in point ii. paragraph 1 sub-paragraph 5 apply and that Armenian nationality had not been withdrawn.
v. by adoption
1. A child adopted by an Armenian married couple acquires Armenian nationality.
2. A child adopted by a married couple, one of whom is Armenian and the other stateless, acquires Armenian nationality.
3. A child adopted by a married couple, one of whom is Armenian and the other foreign, acquires Armenian nationality:
- if there is express agreement between the spouses;
- if the child lives in Armenia and there is express agreement on the part of the Armenian spouse;
- if the child is stateless or becomes stateless in the event of failing to acquire Armenian nationality.
2. Loss of nationality
An Armenian loses his nationality:
a. if he changes nationality (gives up Armenian nationality and acquires a foreign nationality)
An Armenian aged 18 or over is entitled to change nationality.
A request to do so is refused:
- if criminal proceedings are instituted against him;
- if there is an irrevocable court decision against him pending execution;
- if the relinquishing of Armenian nationality is contrary to national security interests;
- if he has unfulfilled obligations linked to the interests of the state or of individuals or legal entities.
b. if his Armenian nationality is withdrawn
An Armenian has Armenian nationality withdrawn:
- if, having acquired Armenian nationality by naturalisation and permanently resident abroad, he has not undergone consular registration;
- if he has acquired Armenian nationality on the basis of forged or fake documents;
- if he contravenes the legislation on nationality by acquiring the nationality of another state.
c. Multiple nationality
Multiple nationality is prohibited (Article 14 of the Constitution and Article 1 of the Nationality Act).
2. International agreements in force
- Convention on the Nationality of Married Women of 29 January 1957
- Convention on the Reduction of Statelessness of 30 August 1961
- Convention relating to the Status of Stateless Persons of 30 August 1961
- Convention on the Elimination of All Forms of Discrimination against Women of 18 December 1979
- Convention relating to the Status of Refugees of 28 July 1951
- Protocol relating to the Status of Refugees of 16 December 1966
- Convention on the Rights of the Child of 20 November 1989.
3. Recent legislative developments
see point 1/a
4. Draft legislation and new trends
The possibility of lifting the prohibition on multiple nationality stipulated in Article 14 of the Constitution is being considered (proposal of the Constitutional Reform Committee set up under the auspices of the President of the Republic).
5. Recent judicial decisions
None.
6. Recent publications
None.
7. Any other information
None.
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe):
Ministry of Foreign Affairs
2 Government Building
Republic Square
375010 Yerevan, Armenia
Tel: +3742 56 09 71
Fax: +3742 15 10 42
e-mail: [email protected]
|
AUSTRIA (updated on 31.12.2003) |
1. Legislative provisions concerning nationality:
a. Texts in force:
Nationality Act (Staatsbürgerschaftsgesetz) 1985 (Federal Law Gazette No. 311/1985), as amended. The most recent Amendment 1998 (Federal Law Gazette No. 124/1998) came into force on January 1st, 1999.
b. Main principles and provisions:
Main principles:
1. Legislation concerning nationality falls within the competence of the Federal Parliament, implementation and administration within the competence of the federal provinces.
2. Ius sanguinis combined with equality of men and women (acquisition of nationality by descent from either parent, from unmarried mother, or by legitimation if the father is Austrian).
2. Avoidance of statelessness (acquisition by descent, even if only one parent is Austrian; under certain conditions a stateless person born and living in Austria has a right to naturalization; legal assumption of Austrian nationality of foundlings and persons born in Austria one parent of whom was born in Austria; the possession of another nationality is a prerequisite for the renunciation of Austrian nationality; exception: loss of Austrian nationality in the case of voluntary entry into the military service of another country).
4. Avoidance of multiple nationality (loss of Austrian nationality in the case of voluntary acquisition of another nationality; requirement to give up the alien nationality when acquiring Austrian nationality; the possibility of renouncing Austrian nationality as a means to avoid multiple nationality). There are, however, exceptions to this principle (e.g. possibility of obtaining permission to retain Austrian nationality on acquiring an alien nationality, acquisition of dual nationality by descent from an Austrian and an alien parent by children born in wedlock).
5. Personal autonomy
- of spouses (in conformity with the UN Convention on the Nationality of Married Women 1957): No ex lege acquisition of nationality by marriage, but the right to naturalization on favourable conditions; extension of the naturalization of one spouse to the other spouse only upon explicit request of the latter; in case of voluntary acquisition of an alien nationality by one spouse no extension of the loss of Austrian nationality to the other spouse;
- of minors over 14: Acquisition of nationality by legitimation only with their consent; loss of Austrian nationality on acquisition of an alien nationality only if the declarative act of the person acting legally on behalf of the minor has received the minor’s prior explicit consent.
Main provisions:
A. Acquisition of Austrian nationality:
1. by descent: from either parent if born in wedlock, from mother if born out of wedlock;
2. by legitimation: From father, if a minor born out of wedlock and unmarried; if above 14, the minor’s and his/her guardian’s consent to the acquisition of nationality is required; acquisition of Austrian nationality by legitimation of a woman is extended to her children born out of wedlock;
3. by naturalization and extension:
An adequate knowledge of German, taking into account the living circumstances of the applicant, is a prerequisite for any naturalization.
Naturalization may be granted after 10 consecutive years of main domicile in Austria or after 6 years (for a minor after 4 years) in the case of a cogent reason.
Naturalization has to be granted (under certain conditions, e.g. provided that the alien has not lost Austrian nationality by deprivation or renunciation):
- after 30 consecutive years of main domicile in Austria;
- after 15 consecutive years of main domicile in Austria, if the alien proves his personal and professional integration;
- after 12 consecutive months of main domicile in Austria, if the alien had previously held Austrian nationality for 10 consecutive years;
- to the alien spouse of an Austrian national, if they live in a common household:
- after 1 year of marriage and 4 consecutive years of main domicile in Austria, or
- after 2 years of marriage and 3 consecutive years of main domicile in Austria, or
- after 5 years of marriage, if the other spouse has held Austrian nationality for 10
consecutive years.
Naturalization must not be granted to the alien spouse of an Austrian national, if the same couple has been remarried for the second time and if the other spouse has acquired Austrian nationality by previous marriage with an Austrian national from whom the spouse has then been divorced;
- to an alien who lost Austrian nationality on the acquisition of an alien nationality by marriage and who applies for naturalization not later than 5 years after dissolution of that marriage (by divorce or by death);
- to a stateless person born in Austria after 10 years of main domicile in Austria, of which 5 consecutive years preceding naturalization, if the request is made after the age of 18 and not later then 2 years after reaching majority.
Extension of an alien’s naturalization has to be granted upon written application and at the same time as the naturalization:
- to the spouse on the same conditions as naturalization of an Austrian national’s spouse;
- to the alien’s children born in wedlock;
- to a woman’s children born out of wedlock;
- to a man’s children born out of wedlock, if his paternity has been established or recognized and if he is entitled to their care and education;
- to the alien’s adopted children, if minor and unmarried and not aliens due to earlier deprivation of Austrian nationality.
If the minor is over 14, his/her consent is needed for the application.
A naturalized person has on principle to give up his/her alien nationality. Naturalization must not be granted, if an alien omits to undertake necessary action to give up his/her alien nationality, although this is possible and reasonable, or if he/she wilfully retains his/her alien nationality. (An alien having been promised naturalization must prove within two years that he/she has given up his/her alien nationality.) However, if the Austrian Federal Government decides that naturalization of a particular person is in the interest of the Republic of Austria because of outstanding achievements already accomplished or as yet to be expected, especially in the scientific, economic, artistic or athletic fields, this person may retain his/her alien nationality; a domicile in Austria is not necessary.
4. Persons not being nationals of a member state of the European Union or of the European Economic Space who take up a position of professor at an Austrian university are granted Austrian nationality ex lege, in addition to their alien nationality. The professor’s spouse and children may acquire Austrian nationality in addition to their alien nationality by declaration.
4. Former Austrians who had to leave Austria before May 9th, 1945, because of Nazi persecution have, under certain conditions, the right to recover Austrian nationality in addition to their alien nationality; a domicile in Austria is not necessary.
6. An alien who before May 9th, 1945, held the nationality of a successor state of the former Austro-Hungarian Monarchy or was stateless, who had his main domicile in Austria and had to leave Austria because of Nazi persecution may be naturalized, if he/she gives up his/her alien nationality; a domicile in Austria is not necessary.
6. The spouse of a person having been granted Austrian nationality according to the above-mentioned items 5 or 6, who before May 9th, 1945, had her/his main domicile in Austria and left Austria together with her/his later spouse, has a right to naturalization, if she/he gives up her/his alien nationality; a domicile in Austria is not necessary.
B. Loss of Austrian nationality:
1. Acquisition of an alien nationality (naturalization): An Austrian national acquiring voluntarily an alien nationality loses Austrian nationality, if the retention of Austrian nationality has not been granted beforehand. (The loss extends to unmarried minor children.) The retention of Austrian nationality in spite of subsequent acquisition of an alien nationality has to be granted either if this is, because of outstanding achievements already accomplished or as yet to be expected or for another reason, in the interest of the Republic of Austria, or if this is because of private or family reasons provided that Austrian nationality has been acquired by descent. In any case the country whose nationality the person wants to acquire has to agree to the retention of Austrian nationality. The alien nationality must be obtained within 2 years.
2. Voluntary entry into the military service of another country.
3. Deprivation under certain conditions, e.g. if a person in spite of naturalization has wilfully retained an alien nationality.
4. Renunciation is possible, if a person holds another nationality (or the promise to receive one after renunciation) and if, being male and between the age of 16 and 36, the person has either completed his military service or is unfit to serve. The latter conditions do not apply, if the applicant has had his main domicile outside Austria for more than 5 years.
2. International agreements in force:
a. multilateral:
- European Convention on Nationality 1997;
- Convention on the Elimination of All Forms of Discrimination against Women 1979;
- European Convention on the Adoption of Children 1967;
- International Convention on the Elimination of All Forms of Racial Discrimination 1966;
- International Covenant on Civil Political Rights 1966;
- Convention on the Exchange of Information concerning Acquisition of Nationality 1964;
- Convention on Reduction of Cases of Multiple Nationality and Military Obligations in Case of Multiple Nationality 1963;
- Convention on the Reduction of Statelessness 1961;
- Convention on the Nationality of Married Women 1957;
- Protocol relating to Military Obligations in Certain Cases of Double Nationality 1930;
b. bilateral:
- Agreement between Austria and Argentina on the Military Service of Persons Holding Dual Nationality 1981;
- Agreement between Austria and Denmark on the Exchange of Information concerning Naturalization 1964;
- Agreement between Austria and the Federal Republic of Germany on the Exchange of Information concerning Nationality Matters 1959.
3. Recent legislative developments:
Nationality Act Amendment 1998 (Federal Law Gazette No. 124/1998) came into force on January 1st, 1999.
Agreement between Austria and Switzerland on the Military Service of Persons Holding Dual Nationality, signed on March 19th, 1999, entered into force on January 1st 2001.
4. Draft legislation and new trends:
None.
5. Recent judicial decisions:
None.
6. Recent publications:
- Juridica Verlag
Kurzkommentare
Mussger - Fessler – Szymanski
Österreichisches Staatsbürgerschaftsrecht
5., neubearbeitete Auflage
- Orac Verlag
Kurzkommentar
Manfred Matzka – Johann Bezdeka
Staatsbürgerschaftsgesetz
7. Any other information:
None.
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe)
Ministries:
Bundesministerium für auswärtige Angelegenheiten,
Abteilung IV.5
Minoritenplatz 9,
A-1014 WIEN, Austria
Tel. +43 5 01150-4411
Fax +43 5 01159-245
Bundesministerium für Inneres
Abteilung III/4a
Bräunerstraße 5
A-1014 WIEN, Austria
Tel. +43 1 53126-5260
Fax +43 1 53126 5278
|
REPUBLIC OF AZERBAIJAN (updated on 02.06.2004) |
1. Legislative provisions concerning nationality
a. Texts in force
- Constitution of the Republic of Azerbaijan (12 November 1995), Articles 52 and 53
- Law on nationality of the Republic of Azerbaijan (30 September 1998)
Regulation on the rules of examination of issues concerning the nationality confirmed by the Decree of the President of the Republic of Azerbaijan (30 August 1999)
Law of the Republic of Azerbaijan on Immigration (22 December 1998)
- Decree of the President of the Republic of Azerbaijan on application of the Law on Immigration (12 March 1999)
- Law of the Republic of Azerbaijan on Status of Refugees and Internally Displaced Persons (21 May 1999)
- Law of the Republic of Azerbaijan on Social Protection of Internally Displaced Persons and Liken Persons (21 May 1999)
- Law of the Republic of Azerbaijan on Amelioration of Social Security of Internally Displaced Persons (13 May 2002)
- Law of the Republic of Azerbaijan on State Policy concerning Azerbaijanis Living Abroad (27 December 2002)
b. Main principles and provisions
The legislation concerning nationality is based on the following main principles:
- the absolute recognition of right to nationality of each person being under the jurisdiction of State of Azerbaijan, within or out of its territory;
- not in any circumstances the citizen of the Republic of Azerbaijan can be deprived of the nationality of the Republic of Azerbaijan;
- a citizen of the Republic of Azerbaijan can under no circumstances be driven away from the Republic of Azerbaijan or extradited to a foreign State;
- preservation of nationality at the time of conclusion and cancellation of matrimony;
- preservation of nationality by the persons, living outside the territory of the Republic of Azerbaijan;
- to ensure the legal defence of citizens of the Republic of Azerbaijan who reside temporarily or permanently abroad and their protection by the Republic of Azerbaijan.
Nationality of the Republic of Azerbaijan is acquired:
- by birth (the legislation of the Republic of Azerbaijan recognizes the citizenship of all persons, born in the territory of the Republic of Azerbaijan, or be born by the citizens of the Republic of Azerbaijan or one of the parents of whom is the citizen of the Republic of Azerbaijan);
- by adoption;
- on reasons contained in the international treaties to which the Republic of Azerbaijan is a party;
- as a result of rehabilitation of the nationality of the Republic of Azerbaijan.
Furthermore, in accordance with the Law of 1998, all persons, who are not citizens of the Republic of Azerbaijan or other states till the 1st of January 1992, but registered in domicile of the Republic of Azerbaijan, as well as refugees, placed in the territory of the Republic of Azerbaijan from 1st January 1988 to 1st January 1992, have obtained the possibility to adopt the citizenship of the Republic of Azerbaijan.
Nationality of the Republic of Azerbaijan is terminated on the following grounds:
- quit the citizenship (on reason of citizen’s application);
- loss of nationality (if individual has deliberately falsified an important information or submitted a falsified document at the time of obtaining the citizenship);
- for reasons contained in the international treaties to which the Republic of Azerbaijan is a party.
c. Multiple nationality
The Republic of Azerbaijan does not recognize the belonging of the person being or adopting the citizenship of the Republic of Azerbaijan, to the nationality of the foreign state, exceptionally the cases, focused on in the International treaties, and also the cases of the adoption of the special decision by the President of the Republic of Azerbaijan.
In case of having International treaty concerning the prevention of double citizenship between the Republic of Azerbaijan and other State, person being the nationality of that State and desiring to adopt the citizenship of the Republic of Azerbaijan should present a document of the competent body of such a State, reflecting the approach of this State to the intention of its citizen to obtain the nationality of the Republic of Azerbaijan.
2. International agreements in force
UN Convention relating to the Status of Refugees, 1951
UN Protocol relating to the Status of Refugees, 1966
UN Convention on the Nationality of Married Women, 1957
UN Convention on the Reduction of statelessness, 1961
UN Convention relating to the Status of Stateless Persons, 1954
UN Convention on the Rights of the Child, 1989
International Covenant on Civil and Political Rights, 1966
UN International Convention on the Elimination of All Forms of Racial Discrimination, 1965
UN Convention on the Elimination of All Forms of Racial Discrimination against Women, 1979
3. Recent legislative developments (from 1.01.1994)
All legislation on nationality of the Republic of Azerbaijan was received after 1994.
4. Draft legislation and new trends
None
5. Recent judicial decisions
None
6. Recent publications
None
7. Any other information
On 28-29 January 2004, Office of United Nations High Commissioner for Refugees in Azerbaijan, Council of Europe and Ministry of Internal Affairs of the Republic of Azerbaijan held a seminar on the application of the legislation of the Republic of Azerbaijan on Nationality in Baku.
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe)
Ministry of Internal Affairs of the Republic of Azerbaijan
Passport registration Department
58, Rashid Behbudov str.
Baku, 370014, the Republic of Azerbaijan
Tel.: ( 99412)909117
Ministry of Foreign Affairs of the Republic of Azerbaijan
Consular Department
4, Shikhali Kurbanov str.
Baku, 370009, the Republic of Azerbaijan
Tel.: (99412)936978
Fax: (99412)926903
|
BELGIUM (updated on 13.09.2004) |
1. Legislative provisions concerning nationality
a. Texts in force
- Constitution (mainly Articles 8, 9, 10, 64, 69, 74, 97, 104 and 191);
- Constitutional amendments of 1 February 1991 (Articles 5, 50 and 86 - now Articles 9, 64 and 97) (Moniteur Belge (M.B.) - Belgian Official Gazette - of 15 February 1991);
- Constitutional amendment of 17 April 1991 (Article 56 - now Article 69) (M.B. of 3 May 1991).
Basic legislation
- Code de la nationalité belge (Belgian Nationality Code, hereafter referred to as CNB), introduced by the law of 28 June 1984 (M.B. of 12 July 1984), as amended by the laws of 22 May 1991 (M.B. of 6 July 1991), 13 June 1991 (M.B. of 3 September 1991), 6 August 1993 (M.B. of 23 September 1993), 13 April 1995 (M.B. of 10 June 1995) and 22 December 1998 (soon to be published in the M.B.). See also the Royal Decree of 18 July 1984 (M.B. of 4 August 1984), the Royal Decree of 13 December 1995 (M.B. of 16 December 1995), the Royal Decree of 13 June 1999 (M.B. of 3 August 1999) and the Royal Decree of 14 April 2000 (M.B. of 27 April 2000); the circulars of the Ministry of Justice of 6 August 1984 (M.B. of 14 August 1984), 30 July 1985 (M.B. of 1 August 1985), 8 November 1991 (M.B. of 7 December 1991), 3 September 1993 (M.B. of 23 September 1993), 14 June 1999 (M.B. of 3 August 1999) and 25 April 2000 (M.B. of 6 May 2000) and of 20 July 2000 (M.B. 27 July).
b. Main principles and provisions
Main Principles
Among the principles, the following are noteworthy:
Equality
- Principle of equality between women and men in respect of both the acquisition of Belgian nationality by the foreign spouse and the passing of Belgian nationality to children.
- Principle of equality between forms of descent (within or outside marriage, biological or adoptive) in respect of the assigning, acquisition or loss of Belgian nationality.
Reduction in the numbers of cases of dual nationality
- Loss of Belgian nationality because of the voluntary acquisition of another nationality (Art. 22 (1.1) of the CNB [Belgian Nationality Code]).
- Loss of Belgian nationality through "collective effect" (Art. 22 (1.3 and 1.6) CNB).
- Loss of Belgian nationality through the effect of an adoption by one or more foreigners (Art. 22 (1.4) CNB).
- Non-assigning of Belgian nationality to a child born abroad to a Belgian parent born abroad, failing a declaration of assigning of Belgian nationality within five years of the date of birth (Art. 8 (1.2) CNB).
Note: Numerous situations nevertheless exist in which dual nationality is allowed under Belgian legislation (involuntary acquisition of a foreign nationality, assigning of another nationality through descent). Nor, in an effort to improve the integration of immigrants, does the Code contain any binding provision obliging foreigners to renounce their nationality of origin if they acquire Belgian nationality.
Reduction in the numbers of cases of statelessness
In principle, Belgian nationality cannot be lost or denied if the result would be a case of statelessness.
Suppression of the automatic effect of marriage on the nationality of the foreign spouse of a Belgian national (Art. 16 CNB)
Assigning through the "collective effect" of an act of acquisition (Art. 12 CNB)
Integration of immigrant children of the second (Art. 11bis CNB) and third (Art. 11 CNB) generations
Main provisions
Belgian nationality may be obtained by assigning (without the agreement of the interested party) or by acquisition (following a voluntary act by the interested party). In principle, the assigning, acquisition, loss or recovery of Belgian nationality produces future effect only.
Assigning of Belgian nationality
- through descent (based on the father's or the mother's nationality (Art. 8 CNB));
- on grounds of adoption (Art. 9 CNB);
- on grounds of birth in Belgium (Art. 10 CNB in respect of children born in Belgium who would be stateless if they did not have Belgian nationality; Arts. 11 and 11bis CNB);
- assigning through the "collective effect", to the children's benefit, of an act of acquisition of Belgian nationality by the parent (person responsible) or the person adopting (Art. 12 CNB).
Acquisition of Belgian nationality
- through declaration of nationality (Art. 12bis CNB);
- through option (Arts. 13-15 CNB);
- by the foreign spouse of a Belgian national (Art. 16 CNB);
- on grounds of the possession of the status of Belgian national (Art. 17 CNB);
- through naturalisation (Arts. 18-21 CNB).
Loss of Belgian nationality
- following voluntary acquisition of another nationality (Art. 22 (1.1) CNB);
- following a declaration of refusal to accept Belgian nationality (Art. 22 (1.2) CNB);
- through "collective effect" (Art. 22 (1.3) CNB);
- by a child adopted by a foreigner (Art. 22 (1.4) CNB);
- on grounds of prolonged residence abroad (Art. 22 (1.5) CNB);
- through "collective effect" (for a child, following application of Art. 22 (1.5) CNB to his/her parent or the person adopting him/her) (Art. 22 (1.6) CNB);
- following deprivation of nationality (Art. 22 (1.7) CNB).
Deprivation of Belgian nationality (Art. 23 CNB)
Recovery of Belgian nationality (Art. 24 CNB)
2. International agreements in force
- Treaty of Friendship and Commerce concluded on 18 April 1912 between Belgium and Bolivia (law of 17 January 1913, M.B. of 28 May 1913) (Sections V and VI concerning a right to elect nationality);
- Hague Convention on certain questions relating to the conflict of nationality laws (law of 20 January 1939, M.B. of 13 August 1939);
- Protocol relating to military obligations in certain cases of double nationality, signed in The Hague on 12 April 1930 (law of 20 January 1939, M.B. of 13 August 1939);
- Special Protocol concerning statelessness, signed in The Hague on 12 April 1930 (law of 20 January 1939, as amended by the law of 28 June 1984) (M.B. of 13 August 1939 and 12 July 1984);
- Convention relating to the Status of Refugees, signed in Geneva on 28 July 1951 (law of 26 June 1953, M.B. of 4 October 1953) and Protocol of 31 January 1967 (law of 27 February 1969, M.B. of 3 May 1969);
- Convention relating to the Status of Stateless Persons, signed in New York on 28 September 1954 (law of 12 May 1960, M.B. of 10 August 1960);
- Border Treaty between Belgium and Germany of 24 September 1956 (law of 28 April 1984, as amended by the law of 28 June 1984, M.B. of 23 August 1958 and 12 July 1984);
- Convention on Diplomatic Relations, signed in Vienna on 18 April 1961 and Convention on Consular Relations, also signed in Vienna, on 24 April 1963, to which was appended an Optional Protocol concerning the Acquisition of Nationality (laws of 30 March 1968 and 17 July 1970, M.B. of 6 June 1968 and 14 November 1970);
- Convention on Reduction of Cases of Multiple Nationality and Military Obligations in cases of Multiple Nationality, done in Strasbourg on 6 May 1963 (law of 22 May 1991, M.B. of 6 July 1991);
- Protocol amending the Convention on Reduction of Cases of Multiple Nationality and Military Obligations in cases of Multiple Nationality, done in Strasbourg on 24 November 1977 (law of 22 May 1991, M.B. of 6 July 1991);
- Additional Protocol to the Convention on Reduction of Cases of Multiple Nationality and Military Obligations in cases of Multiple Nationality, done in Strasbourg on 24 November 1977 (law of 22 May 1991, M.B. of 6 July 1991); and
- Convention of 10 September 1964 on the International Exchange of Information relating to Civil Status, signed in Paris under the aegis of the International Commission on Civil Status (law of 18 July 1974, M.B. of 31 December 1974; see also circulars of 25 March 1975, 16 October 1975 and 27 November 1984; M.B. of 29 March 1975, 31 October 1975 and 5 December 1984).
3. Recent legislative developments: Amendments to the Code de la nationalité belge introduced by the law of 28 June 1984.
In Belgium the conferral, acquisition, loss and recovery of Belgian nationality are governed by the Code de la nationalité belge (CNB), which was introduced by the law of 28 June 1984 and came into force on 1 January 1985.
Over the last few years, several significant amendments have been made to Belgian nationality legislation. They can be summarised as follows:
1. Section 2 of the law of 22 May 1991, which approves the Convention on Reduction of Cases of Multiple Nationality and Military Obligations in cases of Multiple Nationality, done in Strasbourg on 6 May 1963, and its Protocols done in Strasbourg on 24 November 1997, published in the Belgian Official Gazette of 6 July 1991, revokes Article 22, §2 CNB on royal authorisation to forfeit Belgian nationality.
This provision came into force on 16 July 1991. Since this date, no further formalities have needed to be completed in order to forfeit or renounce Belgian nationality under the conditions set out in Article 22, §1.1° and 2° CNB.
2. The law of 13 June 1991 amending the Code de la nationalité belge and Articles 569 and 628 of the Judicial Code was published in the Belgian Official Gazette of 3 September 1991 and came into force on 1 January 1992. It substantially reformed the CNB.
The aim of the reform is to facilitate the integration of foreign nationals by simplifying the procedure for acquisition of Belgian nationality for second and third generation foreign residents.
For children of the third generation, the new Article 11 of the CNB lays down the principle of automatic conferral of Belgian nationality at birth. Children born in Belgium who have a parent who was also born in Belgium and whose main place of residence was in Belgium for five years during the ten years preceding the child’s birth are deemed to be Belgian. A similar rule is laid down in respect of adopted children. This provision applies to children born after 1 January 1992 and to those under eighteen years of age on that date (Section 6 of the law of 13 June 1991).
The new articles 11.a and 12.a CNB establish a new procedure for the virtually automatic acquisition of Belgian nationality by second generation migrants born in Belgium:
- either by a declaration of conferral by the child’s parents or adoptive parents before the child reaches the age of 12; the parents or adoptive parents must have had their principal residence in Belgium for the 10 years preceding the declaration and the child must have lived in Belgium since birth;
- or by a declaration of nationality made by the person concerned if aged between 18 and 30 and resident principally in Belgium since birth.
This declaration is made before the registration officer of the child's principal place of residence.
Contrary to the procedure for elective acquisition of nationality, this declaration need not be systematically approved by the courts. The Public Prosecutor’s Office is only entitled to object to the acquisition of Belgian nationality in a limited number of circumstances.
2. Several articles of the Belgian Constitution were revised in 1991 in order to abolish the distinction between full and ordinary naturalisation and adapt the eligibility conditions (amendments of 1 February 1991 to Articles 5, 50 and 86 of the Constitution, published in the Belgian Official Gazette of 15 February 1991, and amendment of 17 April 1991 to Article 56 of the Constitution, published in the Belgian Official Gazette of 3 May 1991).
Following these constitutional amendments, the law of 6 August 1993, amending the Code de la nationalité belge and the naturalisation laws, was enacted with a view to the technical adaptation of various texts, including the Code de la nationalité belge, which continued to draw a distinction between full and ordinary naturalisation (M.B. of 23 September 1993, entry into force on 3 October 1993).
This law abolishes the concept of «Belgian by birth».
Lastly, it increases from six months to three years the period of cohabitation required for acquisition of Belgian nationality by the foreign spouse of a Belgian national. However, the period remains fixed at six months in the case of foreign nationals who, at least three years before making their declaration, were given permission to reside in Belgium for over three months or to settle in the country.
4. A law of 13 April 1995 (Moniteur belge of 10 June 1995), which came into force on 31 December 1995, amended and simplified the naturalisation procedure.
5. The law of 22 December 1998 amending the Belgian Nationality Code with respect to the naturalisation procedure (Moniteur belge of 6 March 1999), which entered into force on 1 September 1999, made the procedures for acquiring Belgian nationality more flexible and generally simplified and harmonised them. The basic conditions for acquiring Belgian nationality remain the same.
6. In addition, the Belgian Nationality Code was recently amended by the law of 1 March 2000 (Moniteur belge of 6 April 2000), which entered into force on 1 May 2000.
The main changes relate to declaration of nationality and naturalisation.
The law has significantly broadened access to the procedure for declaration of nationality. This procedure is now open to three new categories of foreigners:
1. foreigners born in Belgium who have had their main residence in Belgium since birth;
2. foreigners born abroad to a parent who has Belgian nationality at the time of the declaration;
3. foreigners who have had their main residence in Belgium for at least seven years and, at the time of the declaration, have been granted permission to stay in Belgium indefinitely, or have been granted permission to settle.
Regarding naturalisation, the law has reduced from five years to three (and from three years to two for stateless persons and recognised refugees) the period for which applicants must have had their main residence in Belgium prior to applying for naturalisation. Applications for naturalisation have been free of charge since 1 February 2000.
The period within which the Crown Prosecutor’s Office has to give its opinion has been uniformly reduced to one month for all procedures for acquiring Belgian nationality, in order to speed up the procedures.
In the procedure for acquiring Belgian nationality through declaration of option, as in the naturalisation procedure, the Crown Prosecutor’s Office will no longer be able to give a negative opinion if it considers that the declarant’s desire to integrate is insufficient. That desire is presumed to exist.
4. Draft legislation and new trends
None
5. Recent judicial decisions
Judgment of the Court of Cassation of 16 January 2004 (Journal du Droit des jeunes, April 2004): In this key judgment, which finally settled a judicial controversy, the Court of Cassation stipulated that the seven years of primary residence in Belgium required of those signing a nationality choice declaration in accordance with Article 12a.1.3 of the Belgian Nationality Code, do not necessarily have to be covered by a residence permit for the whole of that period. Such a restrictive interpretation, rejected by the Court of Cassation, added a new condition which was not to be found in the legislation. It had been taken from comments made by the Minister for Justice in the preliminary proceedings of the law, the Ministerial Circular of 25 April 2000 and the Report to the King preceding the royal decree of 4 October 2000.
6. Recent publications
F. CAESTECKER, M. BIETLOT and A. REA, Effectivité et efficience de la loi sur la nationalité du 1er Mars 2000, Brussels, ULB and Economische Hogeschool Sint –Alosius, 1 April 2001 (186 p.); this is an evaluation report of the law, commissioned by the then Minister for Justice.
M.-C. FOBLETS, R. FOQUE, M. VERWILGHEN (Dir.), Naar de Belgische Nationaliteit – Devenir belge, Brussels, Bruylant, and Antwerp, Maklu, 2002 (849 p.).
CH.-L. CLOSSET, Traité de la nationalité en droit belge, 2nd edition, Brussels, Larcier, 2004 (531p.)
7. Any other information
None
8. Enquiries concerning matters relating to nationality (in addition to the information which may be obtained from the Council of Europe)
Service Public Fédéral Justice,
Direction Générale de la Législation et des Libertés et Droits fondamentaux.
Service de la Nationalité
Boulevard de Waterloo 115
B-1000 BRUSSELS
Tel. 32 2 542 67 43
Fax 32 2 542 70 23
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BULGARIA (updated on 15.06.2001) |
1. Legislative provisions concerning nationality
a. Texts in force
Article 25 of the Constitution of the Republic of Bulgaria, dating from 1991, sets out the three ways of acquiring Bulgarian nationality. Pursuant to paragraph 1 of the article, Bulgarian nationality may be acquired according to the criterion of origin – any person at least one of whose parents is a Bulgarian citizen – or any person born in the territory of the Republic of Bulgaria (the birth criterion), unless that person acquires a different nationality of origin. Bulgarian nationality may also be acquired by naturalisation. The conditions and manner of acquiring, keeping and losing Bulgarian nationality, according to the constitution, are laid down in an act of parliament.
The new Bulgarian Nationality Act (published in the Official Gazette, No. 136 of 1998, and the amendments published in No. 41 of 2001) regulates nationality in a fundamentally new way and also combines international practice in this field with national practice and traditions.
b. Main principles and provisions
The objectives of the new act are as follows:
- to respect personal freedom as to choice of nationality, guarantee the right of everyone to nationality, help reduce the number of people without nationality, promote family unity from the point of view of nationality and ensure that personal data are protected;
- on the basis of the established international principle that nationality questions are considered to fall within the national sovereignty of each state – to guarantee application of the principles and rules of international conventions on this subject and, more specifically, of the European Convention on Nationality;
- to regulate nationality questions in a modern way, drawing on legislative solutions adopted by other European countries while also paying heed to Bulgaria’s national traditions and particular characteristics.
The three main criteria adopted for the acquisition of Bulgarian nationality are:
- the “blood criterion”: any person one of whose parents is a Bulgarian citizen acquires Bulgarian nationality by law simply by being born, irrespective of the place of birth – Bulgaria or elsewhere. This criterion is also applied to any person whose parentage is established by recognition, court order or another similar procedure – Articles 8 and 9;
- the “land criterion”: any person born in the territory of the Republic of Bulgaria acquires Bulgarian nationality by law, unless he or she acquires a different nationality of origin – Article 10;
- any child of unknown parents found in Bulgarian territory acquires Bulgarian nationality in accordance with the birth criterion – Article 11;
- the manner of acquiring Bulgarian nationality by naturalisation is governed by Article 12.
The other principles of the act are as follows:
- Bulgarian nationality is not lost by law if a person wishes to marry or divorce, or as a result of adoption – Articles 5 and 6;
- any person renouncing Bulgarian nationality of his or her own will is entitled to do so if there is a guarantee that the person will not become stateless – Article 20;
- the legislation relating to grounds for deprivation of Bulgarian nationality and annulment of naturalisation is set out in Articles 22 and 24;
- tolerance of multiple nationality acquired by Bulgarian citizens or persons of Bulgarian ethnic origin, persons fully adopted by Bulgarian citizens, or persons one of whose parents is a Bulgarian citizen or was a Bulgarian citizen at the time of death – Articles 3 and 15;
- acquisition of nationality through administrative procedure – Article 4.
The Bulgarian Nationality Act contains new regulations governing the two procedures for acquiring Bulgarian nationality: the general naturalisation procedure and the privilege procedure.
Under the general naturalisation procedure, conditions relating to the person’s capacity for work, lack of criminal record, possession of income or employment such as to provide a means of subsistence, and proficiency in the Bulgarian language have been introduced for the first time.
All these conditions taken together are a bar to the acquisition of Bulgarian nationality by persons who have committed a crime, persons whom the state would have to support – for example, through unemployment benefits – and persons who are not proficient in the Bulgarian language and who are consequently not integrated into society.
To acquire Bulgarian nationality by naturalisation, a minimum period of five years’ permanent residence in Bulgaria at the date of submission of the application is required.
The Bulgarian Nationality Act has been amended with the aim of reducing migration flows into Bulgaria and from Bulgaria to the rest of Europe as a result of Bulgaria’s inclusion on the list of Schengen states. The amendment to the act, which came into force on 28 April 2001, introduced the requirement for persons who have applied for Bulgarian nationality by naturalisation to renounce their existing nationality, or to do so on the date of submission of their application for Bulgarian nationality. This requirement does not apply to persons of Bulgarian origin, who, under Article 25, paragraph 3, of the Constitution of the Republic of Bulgaria, acquire Bulgarian nationality under a simplified procedure.
The act, which is in conformity with the European Convention on Nationality, makes provision for the acquisition of Bulgarian nationality by naturalisation for the following groups of people:
- spouses of Bulgarian citizens, refugees, persons born in the Republic of Bulgaria and persons who have been granted permanent resident status before the age of majority (18 years), but the required period of residence is three years, not five – Articles 13, 13b and 14;
- persons of Bulgarian origin and persons fully adopted by Bulgarian citizens, subject to the cumulative conditions of the general naturalisation procedure, without the permanent residence and income requirements – Article 15. The most recent amendments to the act have abolished the requirement of proficiency in the Bulgarian language;
- persons who are particularly deserving in relation to the Republic of Bulgaria – without meeting the conditions of the general naturalisation procedure – Article 16.
Article 19 provides for the possibility of refusing Bulgarian nationality, even in cases where the conditions for naturalisation are met, if the person constitutes a threat to national security, public order, public morality or public health.
The regulations governing loss of Bulgarian nationality cover renunciation of Bulgarian nationality on the person’s own initiative, invalidation of naturalisation and deprivation of Bulgarian nationality on the initiative of the state.
The new act contains new regulations on loss of Bulgarian nationality. Certain conditions have been introduced, in particular: the person must permanently reside abroad and there must be a documented procedure pending for acquisition of foreign nationality of the country in question; this is also in conformity with the European Convention on Nationality. The requirements of Article 17 of the Bulgarian Nationality Act of 1968 - which provided for refusal of the loss of Bulgarian nationality if the person had financial or military obligations or was the subject of ongoing legal proceedings of a general nature, or if an enforceable sentence still had to be served - have been abolished. All this is in conformity with the European Convention on Nationality, which prohibits opposition to loss of nationality on the aforementioned grounds.
The regulations on annulment of naturalisation in Article 22 are different from those in the Bulgarian Nationality Act of 1968. In particular, there is a requirement to establish legally all false or incorrect information used in the submission of an application for Bulgarian nationality. Grounds for refusing Bulgarian nationality have been introduced: if the person has concealed facts and information on the basis of which he/she might be refused Bulgarian citizenship. The time limit for applying for annulment of naturalisation has been increased from five to 10 years.
Under the constitution, deprivation of Bulgarian nationality (Article 23) is admissible only in respect of naturalised Bulgarian citizens provided they do not remain stateless. Acts of parliament in force since 1989, relating to the confiscation by the state of the assets of persons who have lost Bulgarian nationality, are not retroactive.
Article 26, paragraph 1, of the new act lays down conditions for the restoration of Bulgarian nationality to a person who has lost it; these conditions relate to the person’s lack of criminal record and to social order, public health and national security. The person must also have had a permanent residence permit valid for three years before submission of the application to acquire nationality. This condition does not apply to persons of Bulgarian ethnic origin who renounced Bulgarian nationality on their own initiative and who wish to recover it.
Chapter 5 of the act draws together, under the Bulgarian nationality procedure, all the material, legal and procedural rules governing acquisition, recovery, renunciation and loss of nationality, and for the annulment of naturalisation.
One new feature of applications for Bulgarian nationality by naturalisation, and for renunciation and recovery of Bulgarian nationality, is the requirement that applications be submitted either by the applicant in person, or by post, or by a person holding a power of attorney certified by a notary. Applications submitted by post or under a power of attorney must bear signatures certified by a notary. This provides a guarantee that the wish to become a Bulgarian citizen is authentic.
The act sets out, for the first time, rules designating the persons who may propose that another person be granted Bulgarian nationality for reasons of exceptional merit: specifically, the minister responsible for the field in which the person has these merits is entitled to make such a proposal. Proposals to annul naturalisation or deprive a person of Bulgarian nationality may be made by the Chief Public Prosecutor of the Republic of Bulgaria and the Minister of Justice.
As a variety of circumstances must be considered when a person applies to acquire or lose Bulgarian nationality, it has become necessary to set up a body in the Ministry of Justice – the Nationality Board – Article 33.
Specific deadlines are set as a guarantee that applications and proposals will be processed within a reasonable period of time. The short period of three months for considering applications for Bulgarian nationality from persons of Bulgarian origin is in conformity with the requirements of Article 15, paragraph 2 of the constitution concerning the simplified procedure for such persons. The maximum period for considering naturalisation applications is one year.
Under Article 98, paragraph 9 of the constitution, the President of the Republic of Bulgaria issues orders for acquisition, recovery, loss and renunciation of Bulgarian nationality. The Minister of Justice, on the basis of the Nationality Board’s opinion, makes proposals to the President regarding the acquisition, renunciation, loss or recovery of Bulgarian nationality.
The Bulgarian Nationality Act for the first time establishes a guarantee of the protection of personal data, access to such data being regulated in Article 40.
Paragraph 3 of the transitional and final provisions of the act governs the restitution ex lege of Bulgarian nationality by persons deprived of it under the Bulgarian Citizenship Act of 1940 and the Bulgarian Nationality Act of 1948 – this covers persons deprived of Bulgarian nationality for political reasons.
The act provides for the possibility of recovery of Bulgarian nationality by persons deprived of it against their will or as a result of their emigration to other countries with which Bulgaria has not signed bilateral agreements, if such persons submit a formal application to the Minister of Justice within one year of the entry into force of the act. This corrects an injustice against Bulgarian citizens who lost their Bulgarian nationality by law through discriminatory provisions used against persons of non-Bulgarian origin. The deadline of one year expired on 19 February 2000.
2. International agreements in force
Since 1 January 1994, the Republic of Bulgaria has not concluded any bilateral agreements relating to nationality. Bulgaria signed the European Convention on Nationality in 1998, but the convention has not yet been ratified by the National Assembly.
3. Recent legislative developments
The Supreme Administrative Court, in its decisions No. 2031 of 5 April 2000, No. 3387 of 26 May 2000 (bench of five members) and No. 5112 of 25 July 2000, ruled that appeals regarding the decision of the Minister of Justice to refrain from making proposals to the President of the Republic on the acquisition and recovery of Bulgarian nationality were inadmissible on procedural grounds as not constituting an individual administrative decision. The President is not obliged to accept the proposal made. However, the decisions of the President of the Republic are not subject to judicial review to determine whether they are in conformity with the law (grounds: Article 3 of the Administrative Procedures Act).
4. Draft legislation and new trends
No change in the legislation on nationality is planned in the legislative programme for 2002.
5. Recent judicial decisions
None
6. Recent publications
None
7. Any other information
None
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe)
Ministry of Justice and European Judicial Integration
Bulgarian Nationality and Adoption Directorate
Ms Fani Videnova – Director
2a, Ave. Kniaz Dondoukov BG – 1000 Sofia
Telephone and fax: 00 3592 987 81 72
E-mail: [email protected]
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CROATIA |
1. Legislative provisions concerning nationality
a. Texts in force
- The law on Croatian Citizenship (Official Gazette No. 53/91). The Law on Croatian Citizenship was published and entered into force on 8 October 1991.
- The Law on Amendments to the Law on Croatian Citizenship (8 May 1992)
(Official Gazette No. 28/92)
b. Main principles and provisions
The Law on Croatian Citizenship is based on the following principles:
- exclusivity of Croatian citizenship in case of dual citizenship
- legal continuity of citizenship
- prevention of statelessness
- equality of rights of marital and extramarital children and equality of rights of husband and wife.
I. Acquisition of citizenship
In the Law on Croatian Citizenship the principles of origin and territory are combined. Ius sanguinis is absolutely the fundamental way of acquiring citizenship, while the acquisition of citizenship de iure soli is secondary and intended only for children born or found on the territory of the Republic of Croatia, whose parents are unknown, stateless or of unknown citizenship. When prescribing pre-requisites for the acquisition of citizenship by kinship between children and parents, the legislator took as the starting point absolute respect for full equality of man and woman, equal status of children who were born in a marriage and those who were not, the principle that the parental right is exercised by mother and father jointly, on equal terms and by consent, and that parents have the responsibility to care for their under-age children jointly.
1. by origin (ius sanguinis)
- fundamental way of acquiring citizenship for children
2. by birth on the territory of the Republic of Croatia (ius soli)
- prevents that a child, who was born on the territory of the Republic of Croatia but cannot acquire citizenship of his or her parents by origin, be deprived of citizenship.
3. by naturalization
A person who has a foreign citizenship or is stateless can acquire Croatian citizenship at his or her own request if he or she meets the following legal pre-requisites: that he or she has attained the age of eighteen years and has legal capacity; that he or she has had his or her foreign citizenship revoked or submits a proof that he or she will get a revocation if he or she is admitted to Croatian citizenship; that before the filing of the petition he or she had a registered place of residence for a period of no less than five years uninterruptedly on the territory of the Republic of Croatia; that he or she is proficient in the Croatian language and Latin script; that a conclusion can be derived from his or her conduct that he or she is attached to the legal system and customs pertaining in the Republic of Croatia and accepts the Croatian culture.
Croatian citizenship can be required by naturalization by a person who was born on the territory of the Republic of Croatia; a foreigner who is married to a Croatian citizen and to whom a permanent residency on the territory of the Republic of Croatia has been approved; Croatian emigrants and their descendants, and a foreigner who is married to an emigrant who has acquired Croatian citizenship; persons who were Croatian citizens, i.e. Croatian citizens who has requested and obtained the termination of Croatian citizenship in order to acquire a foreign citizenship, which was set by the foreign state of their residence as a condition for performance of a profession or business; minor children of persons who are foreign citizens or stateless, adopted by a Croatian citizen (adoption with parental legal effect); a child whose both parents have acquired Croatian citizenship by naturalization or whose one parent has acquired citizenship by naturalization and the child lives in the Republic of Croatia, or whose one parent has acquired citizenship by naturalization and the other is stateless or of unknown citizenship and the child lives abroad; persons who are members of the Croatian nation but do not have a place of residence in the Republic of Croatia.
Croatian citizenship can be acquired by naturalization by a foreign citizen or his or her spouse whose admission to Croatian citizenship would be of interest for the Republic of Croatia.
4. according to international agreements
II. Termination of citizenship
The law on Croatian Citizenship does not provide for the termination of Croatian citizenship by deprivation, which is also stipulated by the Constitution of the Republic of Croatia, in Article 9, paragraph 2 ("No citizen of the Republic of Croatia shall be exiled from the Republic nor deprived of citizenship...").
1. by revocation
Decision on the termination of citizenship is made by the competent government authority, but in order to initiate proceedings for the decision, the initiative of the person whose citizenship is to be terminated is necessary.
A citizen can file a petition for the termination of his or her citizenship, if the following pre-requisites are met:
The person filing the petition must have reached 18 years of age; there must be no impediments related to his or her military service obligations; he or she must have paid due taxes, duties and other public obligations as well as obligations towards legal and physical persons in the Republic of Croatia, for which a writ of execution was issued; he or she must have settled all the property related to legal issues stemming from marriage or from the child-parent relationship towards Croatian citizens and towards persons who remain in the Republic of Croatia; he or she must be a foreign citizen or prove that he or she will acquire foreign citizenship. A revocation cannot be acquired by a person against whom in the Republic of Croatia criminal proceedings are being carried out for an act which is prosecuted ex officio or if he or she was sentenced to prison in the Republic of Croatia, until the sentence is served.
2. by renouncement
Beside legal pre-requisites, crucial is the will of the person who wants his or her citizenship terminated.
The Law allows for the termination of citizenship by renouncement if the following pre-requisites are met:
- that the person has attained the age of 18 years
- that he or she has a foreign citizenship
- that he or she has a place of residence abroad
(The goal is not to limit the choice of citizenship to a dual citizen).
3. according to international agreements
III. Other provisions
The Law on Croatian Citizenship is the first such law of the independent and sovereign Republic of Croatia. It establishes for the first time the Croatian citizenship, which is acquired of terminated independently on the state the member of which Croatia was.
The Constitutional Decision on the Sovereignty and Independence of the Republic of Croatia stipulates: "International agreements concluded and acceded to by SFRY shall apply in the Republic of Croatia provided that they do not conflict with the Constitution and legal system of the Republic of Croatia, on the basis of the provisions of international law on state succession relating to international agreements."
The Law on Croatian Citizenship embodies the principles proclaimed in the Universal Declaration of Human Rights, International Covenant on Civil and Political Rights, Convention relating to the Status of Stateless Persons, Convention on the Nationality of Married Women.
IV. Jurisdiction
The Ministry of the Interior is authorized to decide on the petition.
2. International agreements in force
- International Covenant on Civil and Political Rights (1966)
- Convention relating to the Status of Stateless Persons (1954)
- Convention of the Nationality of Married Women (1957)
- Agreement on Friendship and Cooperation between the Republic of Bosnia and Herzegovina and the Republic of Croatia of 21 July 1992
3. Recent legislative developments
Harmonising the existing law with the European Convention on Nationality is pending.
4. Draft legislation and new trends
None
5. Recent judicial decisions
Decision of the Constitutional Court of the Republic of Croatia (Official Gazette No. 113/93)
6. Recent publications
None
7. Any other information
None
8. Inquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe)
Ministries
Ministry of the Interior
of the Republic of Croatia
Ilica 335
41000 ZAGREB
CROATIA
Tel. 385 1 3788 646
Fax 385 1 3788 187
E-mail: [email protected]
Ministry of Foreign Affairs
Trg Nikole Subica Zrinskog 7-8
41000 ZAGREB
CROATIA
Tel. 385 41 46 98 51
Fax 385 41 42 75 94 or 45 17 95
|
CYPRUS (updated on 18.10.2002) |
1. Legislative provisions concerning nationality
a. Texts in force
- Treaty concerning the Establishment of the Republic of Cyprus (Article 6 and Annex D)
- The Constitution of the Republic of Cyprus (Article 198)
- The Republic of Cyprus Citizenship Law, 1967, Law No. 43 of 1967
- The Republic of Cyprus Citizenship (Amendment) Law, 1972, Law No. 1 of 1972
- The Republic of Cyprus Citizenship (Amendment) Law, 1983, Law No. 74 of 1983
- The Republic of Cyprus Citizenship Regulations 1969
- The Republic of Cyprus Citizenship (Amendment) Regulations 1985
- The Republic of Cyprus Citizenship (Amendment) Regulations 1990.
b. Main principles and provisions
Treaty concerning the Establishment of the Republic of Cyprus
1.1 On the birth of the Republic the legal position with regard to the law of citizenship, was governed by Article 6 of the Treaty of Establishment, Annex D to the same Treaty and Article 198 of the Constitution.
1.2 Article 6 of the Treaty of Establishment provides that the arrangements concerning the nationality of persons affected by the establishment of the Republic of Cyprus shall be those contained in Annex D to the Treaty.
1.3 Provisions were thereby made in Annex D for determining the nationality of all those affected.
1.4 The main provision is section 2 which defines the persons who by reason of their connection and residence in Cyprus automatically become citizens of the Republic of Cyprus as from the establishment of the Republic.
1.5 Provisions are also made for certain categories of persons resident outside Cyprus, or for persons who had been naturalised or registered as citizens of the United Kingdom and Colonies in Cyprus as well as their descendants in the male line who may on application be granted citizenship of the Republic.
1.6 An entitlement is also given to certain married women to acquire citizenship of the Republic on the strength of their husband's status.
1.7 All those qualifying under section 2 lose their citizenship of the United Kingdom and Colonies although certain categories are excepted. Re-acquisition under certain conditions of the citizenship so lost is also provided for.
1.8 The right of renunciation of the citizenship of the Republic of Cyprus by those already possessing another nationality or citizenship is also guaranteed.
The Constitution of the Republic of Cyprus
2.1 At the same time the provisions of Annex D are supplemented by Article 198 of the Constitution which provides that until a law of citizenship is made:
a. any matter relating to citizenship shall be governed by the provisions of Annex D to the Treaty above; and
b. any person born in Cyprus, on or after the date of the coming into operation of this Constitution, shall become on the date of his birth a citizen of the Republic if on that date his father has become a citizen of the Republic or would but for his death have become such a citizen under the provisions of Annex D to the Treaty.
2.2 Thus for seven years until a law of the Republic was made providing for and regulating the citizenship of the Republic, such citizenship could only be acquired under Annex D to the Treaty and was governed by the rules contained therein as supplemented by the provisions of paragraph 1(b) of Article 198 of the Constitution.
2.3 As far as loss of citizenship is concerned there was only one provision: Under section 8 of Annex D to the Treaty, the Republic of Cyprus understood to provide for renunciation of the citizenship of the Republic by any citizen who had attained the age of 21 years or was a married woman and was not of unsound mind and also possessed the citizenship or nationality of any other country provided that in case of war no such renunciation could be made without the consent of the appropriate authority of the Republic.
The Citizenship of the Republic (Renunciation) Law 1962
3.1 In compliance with the above Treaty obligation and in order to give effect to it, the Citizenship of the Republic (Renunciation) Law of 1962 was enacted which was later repealed by section 14 of the Republic of Cyprus Citizenship Law of 1967, without prejudice to anything done or left undone thereunder.
3.2 Thus between the years 1962-1967 there could be no loss of the citizenship of the Republic except by renunciation as provided for by the above-mentioned Law.
The Republic of Cyprus Citizenship Laws
4.1 The Republic of Cyprus Citizenship Law was first enacted in 1967, Law No. 43 of 1967. Further amendments of the principal Law were made in 1971 and 1983.
4.2 In implementation of the provisions contained in Annex D to the Treaty and Article 198 of the Constitution, Section 3 of the Law provides that citizens of the Republic are the persons who, on the date of the coming into operation of the Law, either have acquired or are entitled to acquire citizenship of the Republic under the provisions of Annex D or who acquire thereafter such citizenship under the provisions of the Law.
4.3 Our legislation establishes a mixed system of law based both on the jus soli and the jus sanguinis. This derives from Article 198 of our Constitution.
Acquisition of citizenship
5. According to the Republic of Cyprus Citizenship Laws, citizenship is acquired by birth, by descent, by registration or by naturalisation.
By birth - by descent:
5.1 a. Under Section 4(I) a person born in Cyprus on or after the 16th day of August 1960 shall be a citizen of the Republic if at the time of this person´s birth any one of his parents was a citizen of the Republic or, in case at the time of birth his parents were not alive any one of them would, but for his or her death, have been entitled to become a citizen of the Republic.
Provided that the provisions of this subsection do not apply, unless the Council of Ministers otherwise orders, to cases where the entry into or stay in Cyprus of one of the parents of the said person was illegal.
b. Under section 4(2) a person born on or after the 16th day of August 1960 in any foreign country shall be a citizen of the Republic if at the time of this person´s birth any one of his parents was a citizen of the Republic or in case his parents were not alive at the time of birth, any one of them would, but for his death, have been entitled to become a citizen of the Republic either under Annex "D" or under this Law. These provisions of the Law do not apply in cases of persons who reside permanently in any foreign country, unless the person´s birth is registered in the prescribed manner on application.
The provisions of subsections (a) and (b) do not apply in the case of a person born either in Cyprus or in any other foreign country, in the period between 16th August 1960 and the 11th June 1999, if this person would acquire citizenship by reason of the fact that at the time of his birth his mother was or would have been entitled to become a citizen of the Republic, unless the said person is of full age and capacity and submits an application to the Minister, in the prescribed manner, to be registered as a citizen of the Republic. If the said person is a minor the application for his registration as a citizen of Cyprus is submitted by his father or mother.
Provided that the provisions of this subsection do not apply, unless the Council of Ministers otherwise orders, to cases where the entry into or stay in Cyprus of one of the parents of the said person was illegal.
c. Under Section 4(4) a person of Cypriot origin and of full age and capacity born on or after 16th August 1960 shall be entitled to be registered as a citizen of the Republic, on application to the Minister in the prescribed manner.
By registration
5.2 In accordance with the provisions of section 5 the following persons shall be entitled to be registered as citizens of the Republic:
a. a citizen of the United Kingdom and Colonies or of a Commonwealth Country, of Cypriot origin and of full age and capacity provided some further requirements are complied with ie ordinary residence in the Republic throughout the period of twelve months or employment in the public service, good character and intention to continue to reside in the Republic, or to continue in the public service, as the case may be.
b. The Minister may, following the submission of an application in the prescribed manner make arrangements for the registration as a citizen of the Republic of a person, of full age and capacity, who satisfies the Minister that:
i) He or she is the spouse or widower or widow of a citizen of the Republic or was the spouse of a person who, if still alive, would have become or would have the right to become a citizen of the Republic; and
ii) he or she lives with his or her spouse in Cyprus for a period of time which is not shorter than three years.
Provided that the Minister may, in the special circumstances of any particular case, cause registration to be made under this sub-section even if the spouse had resided with her husband/wife in Cyprus for a period of less than three years but not less than two years. In cases of persons who reside permanently or temporarily abroad in no case must be less than three years.
Provided further that the provisions of this subsection shall not apply where the alien enters or stays illegally in the Republic:
Both the above persons are not entitled to be so registered if they have renounced or been deprival of the citizenship of the Republic, but may be so registered with the approval of the Minister.
c. The minor child of any citizen of the Republic upon application made by a parent or guardian may be registered as a citizen of the Republic.
By naturalisation
5.3 An alien of full age and of good character, may apply for the acquisition of the citizenship of Cyprus by naturalization if he satisfies the Minister of the Interior that during the eight years immediately preceding the date of his application he has resided in Cyprus for periods amounting in the aggregate to not less than five years the last year of which must be a continuous stay in Cyprus.
Provided that certain categories of aliens, such as the players of group sports, the coaches, sports technicians, domestic workers, nurses e.t.c. and residing in the Republic exclusively for the purpose of work as well as their spouses, children or other persons dependent on them, must at least during the last seven years before their application have a total of residence in the Republic of at least seven years the last year of which must be a continuous stay in Cyprus.
5.2. Under section 2 of the Law entitled "Interpretation", "alien" means a person who is not a citizen of the Republic. The term therefore includes also former citizens of the Republic who have thereafter renounced their citizenship or have been deprived of it and have thus ceased to be citizens of the Republic.
5.3 There is not provision in the Republic of Cyprus Citizenship Laws precluding a person from possessing another nationality; the principle of dual or multiple nationality is recognised by Cyprus.
Loss of nationality
6. In the implementation of such principle, loss of citizenship of the Republic under the relevant law of Cyprus cannot take place in any other way except as provided for in Part III of the Law: Renunciation and Deprivation.
Renunciation
7.1 In the case of renunciation three conditions must be satisfied: Only those citizens of the Republic who are of full age and capacity and who are also the nationals of any foreign country and wish to make a declaration of renunciation of citizenship of the Republic, shall so cease to be citizens of the Republic upon the declaration being registered by the Minister (section 7). The competent Minister under the Law is the Minister of Interior.
7.2 There is only one differentiation in the case of spouses. Any woman who has been married shall be deemed to be of full age even though she may not have attained the age of eighteen.
7.3 A provision to the relevant section grants the Minister the discretionary power to withhold registration of such declaration if it is made during any war in which the Republic may be engaged or whenever the Minister is of the opinion that the same is made for the purpose of avoiding any military service for which the person making the declaration is liable or any criminal prosecution for an offence punishable with imprisonment for which the person making the declaration would have been liable.
7.4 Renunciation covers all cases no matter how citizenship or nationality of the Republic may have been acquired. Whether it is a nationality of origin ie acquired on birth or whether acquired thereafter by some other method eg by naturalisation.
Deprivation
8. Citizenship of the Republic on the other hand may only be deprived by an order of the Council of Ministers and not the Minister himself and only in the case of citizens of the Republic who are such by registration or naturalization. Thus deprivation cannot be effected where citizenship has been acquired by birth or descent. According to the provisions of Section 8, the Council of Ministers may by an order deprive any such citizen of his citizenship if it is satisfied that the registration or certificate of naturalization was obtained by means of fraud, false representation or concealment of any material fact or person who has within five years of his becoming naturalized, been sentenced in any country to imprisonment for a term of not less than twelve months.
Resumption of Nationality
9. Under our system of law resumption of nationality and that is of course by a person who has renounced or been deprived of his Cypriot citizenship, can be effected in two ways:
a. by registration, or
b. by naturalisation.
By registration
9.1 Section 5 subsection 4 of the Republic of Cyprus Citizenship Law provides that a person who has renounced, or has been deprived of his citizenship of the Republic, shall not be registered as a citizen thereof under this section, but may be so registered with the approval of the Minister.
9.2 A person registered under this section shall be a citizen of the Republic by registration as from the date on which he is so registered (section 5 subsection 5).
By naturalisation
9.3 Another way of resuming nationality is by virtue of the provisions of section 6 and that is by naturalisation.
2. International agreements in force
- Convention on Certain Questions Relating to the Conflict of Nationality Laws 12.4.1930 (U.N.)
- Protocol Relating to Military Obligations in Certain Cases of Double Nationality 12.4.1930 (U.N.)
- Protocol Relating to a Certain Case of Statelessness 12.4.1930 (U.N.)
- Convention Relating to the Status of Refugees 28.7.1951 (U.N.)
- Convention on the Nationality of Married Women 20.2.1957 (U.N.)
- Protocol Relating to the Status of Refugees 31.1.1967 (U.N.)
- Convention on the Legal Status of Children Born Out of Wedlock 15.10.1975 (Council of Europe)
- Convention on the Elimination of All Forms of Discrimination against Women 18.12.1979 (U.N.)
3. Recent legislative developments
None.
4. Draft legislation and new trends
None.
5. Recent judicial decisions
None.
6. Recent publications
None.
7. Any other information
None.
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe)
Ministry
Ministry of Interior
Department of Aliens and Immigration
CY-NICOSIA
Tel. 357 2 30 21 19
Fax 357 2 36 69 44
|
CZECH REPUBLIC (updated on 28.07.2004) |
1. Legislative provisions concerning nationality
a. Texts in force
- Constitution of the Czech Republic (Constitutional Act No 1/1993 Coll. of valid version - article 12)
- Act of the Czech National Council on the acquisition and loss of nationality of the Czech Republic No 40/1993 Coll. (adopted 29 December 1992, came into force 1 January 1993), as amended by Acts No 272/1993 Coll., Government regulation (statute) No 337/1993 Coll.,No 140/1995 Coll., No 139/1996 Coll., No 194/1999 Coll., No 320/2002 Coll. and No 357/2003 Coll.
- Act of the Parliament of the Czech Republic on nationality of some former Czechoslovak nationals No 193/1999 Coll. (adopted 29 July 1999, came into force 2 September 1999), as amended by Act No 320/2002 Coll.
- Ministry of Education, Youth and Physical Education regulation on criteria for proving knowledge of the Czech language by applicants for naturalization in the Czech Republic No 137/1993 Coll. (adopted 23 April 1993, come into force 12 May 1993)
- Bilateral agreements and conventions concerning problems of dual nationality - see section 2 of the questionnaire
b. Main principles and provisions
A) The division of competence relating to the Czech nationality among the bodies of the state:
The legislation regulating nationality lies within the competence of the Chamber of Deputies and the Senate of the Parliament of the Czech Republic. The tasks of State administration associated with nationality are as follows:
Acquisition of nationality:
1. naturalization in the Czech Republic - the competence of the Ministry of the Interior as the central authority of state administration for internal matters including nationality and registers
2. declaration on the option of nationality under article 6 of Act No 40/1993 Coll.- the competence of regional authorities and Czech diplomatic missions
3. declaration on the acquisition of nationality under Act No 40/1993 Coll. - the competence of authorities offices
4. declaration on the acquisition of nationality under Act No 193/1999 Coll. - the competence of regional authorities - by 2 September 2004
Loss of nationality:
declaration on the renunciation of nationality - the competence of Czech diplomatic missions
Issue of certificates of nationality:
the competence of regional authorities
Registration of persons who have acquired or lost nationality:
the competence of regional authorities
Central registration of persons who have acquired or lost nationality:
the competence of the Ministry of the Interior
Proving nationality:
the competence of regional authorities
B) The fundamental principles of the act:
The act is based on the following principles:
a) The prevention of statelessness, reflected in the provision stating that nationals of the Czech Republic can declare renunciation of the nationality of the Czech Republic only in cases where the applicant is an alien; moreover the law says that the nationality of the Czech Republic may be acquired also by birth on the territory of the Czech Republic in cases where the parents are stateless persons, provided that at least one of them has permanent residence on the territory of the Czech Republic; analogically also persons under 18 years of age found on the territory of the Czech Republic are considered nationals of the Czech Republic except where it is proved that they acquired the nationality of another state by birth.
b) The prevention of dual nationality, which is not taken into account in the following cases:
- where nationality of a foreign state is acquired e.g. by birth, by marriage or by adoption, provided that the foreign nationality is acquired automatically, i.e. not at the person's own request except in cases when a spouses’s foreign nationality has been acquired in by marriage,
- acquisition of the nationality of the Czech Republic by statement of by former Czechoslovak nationals under article 6 of Act No 40/1993 Coll. of valid version,
- former nationals of the CSFR (Czech and Slovak Federative Republic) who opted for nationality of the Slovak Republic in the period from 1 January 1993 to 31 December 1993,
- the former nationals of the CSFR who opted for the nationality of the Czech Republic after
2 September 1999 (acquisition of the nationality of the Czech Republic by affirmation under article 18a of Act No 40/1993 Coll. of valid version),
- in cases where a national of the Czech Republic who was a national of the CSFR as of 31 December 1992 acquired the nationality of the Slovak Republic after 2 September 1999,
- in cases where a national of the Slovak Republic who was a national of the CSFR as of 31 December 1992 acquired the nationality of the Czech Republic by affirmation under article 18b or 18c of Act No 40/1993 Coll. of valid version,
- former Czechoslovak nationals who may acquire the nationality of the Czech Republic by statement under Act No 193/1999 Coll. after 2 September 1999.
The principle is reflected in the following provisions:
- on naturalization which requires submitting a certificate stating that by acquisition of nationality of the Czech Republic persons will lose the previous nationality or certificate of loss of the previous nationality of the applicant except the case of stateless persons or refugees; the Ministry of the Interior may waive this condition for naturalization only under the following circumstances:
- the applicant has permanent residence on the territory of the Czech Republic, having resided legally on the territory of the Czech Republic for at least five years, has a genuine relationship with the Czech republic, and
a) a foreign state does not permit the release of nationals from the previous nationality or that state refuses to issue a document on the applicant’s release from the state bond, or
b) the applicant’s release from the state bond is connected with inadequate administrative fees or other terms unacceptable in a democratic state, or
c) by submitting an application for release from the state bond the applicant could expose him/herself or persons in close relationship to persecution due to race, religion, belonging to a national or a social group or due to political beliefs, or
d) granting nationality of the Czech Republic would be a major asset for the Czech Republic mainly in scientific, social, cultural or sport terms, or,
e) the applicant has in the past lost Czech or Czechoslovak nationality, unless the applicant is a national of the Slovak Republic, or
f) an applicant stays legally in the Czech Republic for at least 20 years.
- under which the condition for acquisition of nationality of the Czech Republic by finding on the territory of the Czech Republic is statelessness.
c) Principle of maintaining the same nationality of parents and children - reflected by the inclusion of children under 18 years of age in the application for naturalization in the Czech Republic, by the loss of nationality under statement of the renunciation of nationality, by common applications of spouses, following of parents’nationality by children reflecting the principle of ius sanguinis, by adoption, paternity establishment, by option.
d) Principle of individual acquisition and loss of nationality - a national may acquire and lose nationality only as an individual; except the the case of children under 18 years of age.
e) Principle of exclusivity of nationality of the Czech Republic – the state is entitled to take into account only the person’s own nationality, not the fact that he/she is at the same time also an alien.
f) Principle of equality of nationals regardless of the way in which nationality is acquired – the law does not differ between nationals according to the manner and date of acquisition of the nationality of the Czech Republic.
C) Acquisition of the nationality of the Czech Republic:
1) by birth - under the principle of ius sanguinis the person acquires the nationality of the Czech Republic in cases where at least one of his or her parents (father or mother) is a national of the Czech Republic or the parents are stateless persons and at least one of them has permanent residence on the territory of the Czech Republic and the child is born on the territory of the of the Czech Republic the principle of equality of men and women is applied, the law also does not take into account whether the child was born in or out of wedlock,
2) by adoption - nationality is acquired in cases where one of the adopters is a national of the Czech Republic,
3) by establishment of paternity - in cases of children born out of wedlock whose mother is an alien or a stateless person and the father is a national of the Czech Republic,
4) by being found on the territory of the Czech Republic - in cases of person under 18 years of age except where it is proved that the person acquired the nationality of another foreign state by birth,
5) by statement (affirmation) under article 6, 18a, 18b, 18c of Act No 40/1993 Coll. of valid version - in cases of former Czechoslovak nationals as a consequence of the disintegration of the CSFR,
6) by statement on the acquisition of the nationality of the Czech Republic under Act No 193/1999 Coll. (special remedial act) - in the case of some former Czechoslovak nationals. The statement on the acquisition of Czech nationality under this act may be made up to 2 September 2004.
7) by naturalization – natural persons may be naturalized in the Czech Republic upon their request if they simultaneously meet the following conditions:
- has on the date of lodging the application had permitted permanent residence on the territory of the Czech Republic for at least five years and has been lawfully staying in that country for most of that time,
- prove that in acquiring the nationality of the Czech Republic he/she will lose his/her previous nationality or shall prove that he/she has lost his/her previous nationality unless the person is stateless or a person with recognised refugee status living on the territory of the Czech Republic,
- have not been sentenced in the past five years for a wilful punishable offence,
- prove knowledge of the Czech language,
- meet the duties ensuing from the provisions of the special legislative regulation governing residence and entry of aliens to the territory of the Czech Republic and duties ensuing from the special regulations governing public health insurance, social security, old age pension schemes, taxes, levies and fees.
The Ministry of the Interior may waive the conditions a), b), d) and e) under circumstances set out in article 11 of Act No 40/1993 Coll. of valid version.
D) Loss of nationality of the Czech Republic:
1) by statement - A national of the Czech Republic may lose his/her nationality on the basis of a statement of renunciation of the nationality of the Czech Republic if he/she stays abroad and is at the same time an alien (is a national of the foreign state);
2) by acquisition of foreign nationality at own request – A national of the Czech Republic shall lose the nationality of the Czech Republic on the day when such person – on the basis of expression of his or her will or the will of his or her guardian (application, declaration, consent or other act aiming at the acquisition of a foreign nationality) – voluntarily acquires foreign nationality. The loss of nationality of the Czech Republic shall not occur in cases where the Czech national acquires at his/her own request the foreign nationality of his/her spouse during the course of marriage (this exception from the loss of the nationality of the Czech Republic by acquisition of a foreign nationality on his/her request is valid from 29 October 2003, it has no retroactive effect and has the same validity for men and women).
Nationality of the Czech Republic is not lost in cases where the nationality of a foreign state was acquired automatically, i.e. ex lege of the foreign state, not at the person's own request, e.g. by birth, by marriage or by adoption and in cases where a national of the Czech Republic, who was a national of the CSFR on 31 December 1992 acquired the nationality of the Slovak Republic after 2 September 1999.
E) Marriage and acquisition of the nationality of the Czech Republic:
Czech nationality is not acquired automatically by marriage with a national of the Czech Republic. Nevertheless, to ensure that both husband and wife have the same nationality, the law enables an alien who has married a national of the Czech Republic to acquire Czech nationality by naturalization without having to comply with the condition of five years’ permanent residence on the territory of the Czech Republic (applied to both wives and husbands).
Nationality of the Czech Republic is not lost by a Czech national who marries an alien and automatically or at his/her own request during the course of marriage acquires the foreign nationality of his/her spouse, as described above. In such cases, marriage does not prejudice the previous (Czech) nationality.
c) Multiple nationality
The Czech Republic legal regulation prevents dual and multiple nationality. The Czech Republic has become the State Party to the bilateral agreements and conventions preventing the constitution of dual nationality signed with the United States (valid by 20 August 1997), the former Soviet Union, Hungary (valid by 17 October 1996), Poland (valid by 20 May 2001), the former Democratic Republic of Germany (valid by 3 October 1990), Bulgaria (valid by 4 May 1995) and Mongolia (see section 2 and 4 of the questionnaire).
Multiple nationality is allowed by valid law in cases where a national of the Czech Republic acquires the nationality of a foreign state automatically, i.e. ex lege of the foreign state, not at the person's own request, for example as a consequence of entering into marriage, of birth or adoption, in cases where the Czech national acquires at his/her own request the foreign nationality of his/her spouse during the course of marriage, in cases where a national of the Czech Republic who was a national of the CSFR on 31 December 1992, acquires nationality of the Slovak Republic after 2 September 1999. In these cases a national of the Czech Republic does not lose his/her nationality of the Czech Republic.
Multiple nationality is allowed also in the following cases relating to the disintegration of the CSFR: of acquisition of the nationality of the Czech Republic by statement on the option of former Czechoslovak nationals under article 6 of Act No 40/1993 Coll. of valid version, of former nationals of the CSFR who opted for the nationality of the Slovak Republic in the period from 1 January 1993 to 31 December 1993, of the former nationals of the CSFR who opted for the nationality of the Czech Republic after 2 September 1999 (acquisition of the nationality of the Czech Republic by affirmation under article 18a of Act No 40/1993 Coll. of valid version), in cases where national of the Slovak Republic who was a national of the CSFR as of 31 December 1992 acquired the nationality of the Czech Republic by affirmation under article 18b or 18c of Act No 40/1993 Coll. of valid version.
Multiple nationality is permitted also in cases of some former Czechoslovak nationals who may acquire the nationality of the Czech Republic by statement under Law No 193/1999 Coll. (special remedial act).
Valid law does not require a certificate stating that by acquisition of the nationality of the Czech Republic through naturalization a natural person will lose the previous nationality or a certificate of loss of the previous nationality of the applicant in cases of stateless persons or refugees and enables dispensation of submitting these certificates in cases where a foreign state does not permit release of nationals from previous nationality or that state refuses to issue a document on the applicant‘s release from the state bond, or the applicant’s release from the state bond is connected with inadequate administrative fees or other terms unacceptable in a democratic state, or by submitting an application for the release from the state bond the applicant could expose him/herself or persons in close relationship to persecution due to race, religion, belonging to a national or a social group or due to political beliefs, or granting nationality of the Czech Republic would be major asset for the Czech Republic mainly in scientific, social, cultural or sport terms, or, the applicant has in the past lost Czech or Czechoslovak nationality, unless the applicant is a national of the Slovak Republic, or an applicant stays legally in the Czech Republic for at least 20 years.
2. International agreements in force
The Czech Republic has become State Party to the following bilateral agreements and multilateral conventions concerning nationality:
Bilateral:
a) With the United States
- 1928 Convention on naturalization (published under No 169/1928 Coll.) - valid by 20 August 1997
b) With the former Soviet Union - applied to its successor states except Moldavia, Uzbekistan, Ukraine, Kazakhstan, Latvia, Lithuania and Estonia.
- 1957 Convention regulating the issues of nationality of persons with dual nationality, (published under No 47/1958 Coll.) as amended by the 1980 Agreement on the prevention of dual nationality (published under No 71/1981 Coll.) – valid
c) With Hungary
- 1960 Convention regulating some issues of nationality (published under No 37/1961 Coll.) - valid by 17 October 1996
d) With Poland:
- 1965 Convention regulating issues concerning dual nationality (published under No 71/1966 Coll.) - valid by 20 May 2001
e) With the former Democratic Republic of Germany
- 1973 Agreement regulating dual nationality (published under No 37/1974 Coll.) - valid by 3 October 1990
f) With Bulgaria
- 1974 Agreement regulating dual nationality (published under No 61/1975 Coll.) - valid by 4 May 1995
g) With Mongolia
- 1985 Agreement regulating dual nationality (published under No 96/1985 Coll.) - valid
h) with the Slovak Republic
- 1995 Agreement regulating some issues concerning registers and nationality - valid
Multilateral:
- European Convention on Protection of Human Rights and Fundamental Freedoms (Rome – 1950)
- Convention on the Nationality of Married Women (New York - 1957),
- Convention on the Reduction of Statelessness (1961 - United Nations)
- Convention on the Elimination of All Forms of Racial Discrimination (1966 - United Nations),
- International Pact on the Civil and Political Rights (1966 - United Nations),
- Convention on the Elimination of All Forms of Discrimination Against Women (1979 - United Nations),
- Convention on the Rights of the Child (1989 - United Nations)
- European Convention on Nationality (1997 – Council of Europe).
3. Recent legislative developments
The Valid Act of the Czech National Council on the acquisition and loss of nationality of the Czech Republic No 40/1993 Coll. (adopted on 29 December 1992, came into force on 1 January 1993), was amended by Act No 272/1993 Coll., Government regulation No 337/1993 Coll., and Acts No 140/1995 Coll., No 139/1996 Coll., No 194/1999 Coll., No 320/2002 Coll. and No 357/2003 Coll.
From 1 January 1994 valid Act No 40/1993 Coll. was amended by the following laws:
g) Act No 140/1995 Coll. (came into force on 27 July 1995): enabled dispensation of the condition of 5 years' uninterrupted permanent residence on the territory of the Czech Republic for naturalization to applicants who had moved to the Czech Republic under the invitation of the Czech Government, ie. especially in the case of the Ukraine Czechs who immigrated to the Czech Republic from 1991 to 1993 from regions damaged by the Chernobyl disaster.
h) Act No 139/1996 Coll. (came into force on 24 May 1996): enabled dispensation of compliance of applicant for naturalization with the condition of no sentence for a wilful punishable (committed) crime in the past 5 years in case of a national of the Slovak Republic or former national of the Slovak Republic with uninterrupted permanent residence on the territory of the Czech Republic at least from 31 December 1992. This law also brought regulated the statement on renunciation of the nationality of the Czech Republic.
i) Act No 194/1999 Coll. (came into force on 2 September 1999): took account of refugees status in naturalization in the Czech Republic; introduced state security consideration of application for naturalization; new regulation on dispensation of 5 years' uninterrupted permanent residence on the territory of the Czech Republic as a condition for naturalization; maintaining the nationality of the Czech Republic after opting for the nationality of the Slovak Republic after the disintegration of the Czechoslovak Federation; introduced the provision that a national of the Czech Republic, who was a national of the CSFR on 31 December 1992 does not lose the nationality of the Czech Republic by acquiring the nationality of the Slovak Republic after 2 September 1999; enabled acquisition of the nationality of the Czech Republic by statement to former nationals of the federation who were not nationals of the Czech Republic with permanent residence on the territory of the Czech Republic at least from 31 December 1992; introduced provisions for the acquisition of nationality by adoption before 11 November 1993.
- Act No 320/2002 Coll. (came into force on 1 January 2003): enabled the transfer of the competence of district offices, which had stopped functioning, to regional authorities.
- Act No 357/2003 Coll. (came into force on 29 October 2003) introduced primarily the following changes: fixed a new age limit for children for the purpose of the Act No 40/1993 Coll. – 18 years of age instead of 15 years of age, added one new condition for the acquisition of Czech nationality by naturalization (observance of the duties ensuing from the provisions of the special legislative regulation governing residence and entry of aliens in the territory of the Czech Republic and duties ensuing from the special regulations governing public health insurance, social security, old age pension schemes, taxes, levies and fees), extended circumstances for excusing the submission of a certificate proving the loss of previous nationality as one of the conditions for naturalization, enabled retention of Czech nationality by Czech nationals who acquire at their own request the foreign nationality of their spouse during the course of marriage, enabled the acquisition by another groups of Slovak nationals, who were nationals of the CSFR on 31 December 1992, of the nationality of the Czech Republic by statement (affirmation) – articles 18b and 18c of Act No 40/1993 Coll. of valid version.
- Act No 193/1999 Coll. (came into force on 2 September 1999) as amended by Act No 320/2002 Coll.: special remedial act, which enables acquisition of the nationality of the Czech Republic by some former Czechoslovak nationals by declaration.
4. Draft legislation and new trends
No amendment of the valid law concerning nationality is expected. The process of ratification
of the European Convention on Nationality has been finished and this convention became valid for the Czech Republic from 1 July 2004. The Czech Republic has started negotiations with governments of Russia and Belarus with the aim of ending the validity of the bilateral agreement with the Soviet Union on the prevention of dual nationality signed in 1980.
5. Recent judicial decisions
In September 1994, the Constitutional Court of the Czech Republic rejected a private member's bill presented by a group of members of the Chamber of Deputies of the Parliament of the Czech Republic concerning the deletion of some provisions of Act No 40/1993 Coll., as amended by Act No 272/1993 Coll. - published under No 207/1994 Coll.
In November 1995, the Constitutional Court of the Czech Republic rejected a private person's and participant of procedure - the Chamber of Deputies of the Parliament of the Czech Republic bill concerning the deletion of provision of Act No 40/1993 Coll. regulating the loss of the nationality of the Czech Republic by acquisition of the nationality of a foreign state - published under No 6/1996 Coll.
In May 1997 the Constitutional Court of the Czech Republic judged that a person does not lose nationality of the Czech Republic by statement on the option of the nationality of the Slovak Republic after the disintegration of the Czechoslovak federation - published under No IV ÚS 34/97 Collection of the judicial decisions of the Constitutional Court.
6. Recent publications
Černý, J., Valášek, M.: České státní občanství (The Czech Nationality), Linde Praha, 1996
7. Any other information
None.
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe)
Ministerstvo vnitra (Ministry of the Interior)
Odbor všeobecné správy (Section of Civil Administration)
Oddělení státního občanství a matrik (Department of nationality and registers)
U Obecního domu 3
112 20 PRAHA 1
Czech Republic
Tel.: +420 974 846 375 - Fax: +420 974 846 129
E-mail: [email protected]
|
DENMARK (updated on 09.09.2004) |
1. Legislative provisions concerning nationality
a. Texts in force
- Consolidated Act on Danish Nationality with the amendments following form Act No. 422 of 7 June 2004.
- Circular No. 55 of 12 June 1999 on New guidelines for listing in a naturalisation bill.
b. Main principles and provisions
Danish citizenship is acquired:
by birth (conditions)
by adoption (conditions)
by declaration (conditions)
by naturalisation (conditions).
Danish citizenship is lost:
by acquiring another nationality by petition or explicit consent
by a person who acquires foreign nationality by taking up a position with the public authorities of another country
by a person who is born abroad and has never lived in Denmark nor stayed there under conditions indicating interdependence with the country when he attains the age of 22. This does not apply should he thereby become stateless.
There is equality between men and women. Danish citizenship is acquired from either parent. If the child is illegitimate and born abroad, however, citizenship may be acquired only from the mother.
The Danish Constitution section 44 states that no alien shall be naturalised except by statute. Consequently, Parliament decides exclusively which persons are granted Danish citizenship by naturalisation. A circular issued by the Ministry of Refugees, Immigration and Integration Affairs describes the practice followed by Parliament.
An application for naturalisation is subject to a charge of 1.000 Dkr.
Danish citizenship is not acquired by marriage.
Multiple nationality
Multiple citizenship is in general disapproved of. In case of naturalisation, the petitions shall normally accept to renounce their former nationality.
2. International agreements in force
UN Convention relating to the Status of Refugees – 28 July 1951
UN Convention on the Nationality of Married Women - 20 February 1957
UN Convention on the Reduction of Statelessness – 30 August 1961
European Convention on the Reduction of Cases of Multiple Nationality and on Military Obligations in Cases of Multiple Nationality – 6 May 1963
European Convention on the Adoption of Children – 24 April 1967
UN Convention on the Rights of the Child – 20 November 1989
Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption – 29 May 1993
European Convention on Nationality – November 1997
Nordic Agreement: Implementation of Certain Regulations on Citizenship – 14 January 2002.
3. Recent legislative developments
With effect from 1 November 1997 the Hague Convention of 29 May 1993 is incorporated into Danish law.
With effect from 1 February 1999 the European Convention on Nationality 1997 is incorporated into Danish law.
Amendments Act No 193 of 5 April 2002, Act No 366 of June 2002 and Act No 311 of 5 May 2004.
Circular letter No 55 of 12 June 2002 on New Guidelines for Listing in a Naturalisation Bill.
4. Draft legislation and new trends
None
5. Recent judicial decisions
None.
6. Recent publications
None.
7. Any other information
None.
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe)
Ministry of Refugees, Immigration and Integration Affairs
Naturalisation Division
Holbergsgade 6
DK – 1216 København K
Tel. +45 33 95 42 70
Fax +45 33 12 30 36
|
ESTONIA (updated on 31.05.2004) |
1. Legislative provisions concerning nationality
a. Texts in force
- Law on Citizenship (adopted on January 19, 1995, in force since April 1, 1995);
- Law on amendments to article 10 of the Law on Citizenship (adopted on October 18, 1995, in force since November 20, 1995)
- Law on amendments to articles 13, 15, 18, 19, 21, 23, 28, 29, 32 and amendment of article 141 to the Law on Citizenship (adopted on December 8, 1998, shall be in force from July 12, 1999);
- Language Act (adopted on February 21, 1995, in force since April 1, 1995)
b. Main principles and provisions
The citizenship policy is based on the principle of ius sanguini. The present Law on Citizenship was elaborated on the basis of the citizenship laws of 1922 and 1938.
Law on Citizenship considers as citizens all persons who at the time of enforcement of the law are Estonian citizens or have acquired, received or restored Estonian citizenship on the basis of the Law on Citizenship.
Article 1 of the Law on Citizenship provides that Estonian citizenship is acquired by birth, received through naturalization or restored to any person who has lost Estonian citizenship as a minor.
An Estonian citizen may not simultaneously be the citizen of another state.
Estonian citizenship is acquired by birth by:
1. any child of whose parents at least one is an Estonian citizen at the time of the child's birth;
2. any child who is born after the death of his/her father in case the father at the time of his death was an Estonian citizen;
3. any child found in Estonia, whose parents are unknown, unless the child is proved to be a citizen of another state.
The alien who wishes to receive Estonian citizenship must:
1. be at least 15 years of age;
2. have lived in Estonia on the basis of a permanent residence permit for no less than five years prior to the date on which an application for Estonian citizenship is submitted and for one year from the date following the date of registration of the application;
3. have knowledge of the Estonian language in accordance with the requirements established by law;
4. have knowledge of the Estonian Constitution and the Law on Citizenship;
5. have permanent lawful income sufficient to support himself/herself and his/her dependants;
6. be loyal to the state of Estonia;
7. take an oath to be loyal to the constitutional state system of Estonia.
Persons who have acquired either basic, general or higher education in the Estonian language are not required to take the examination of the Estonian language.
Estonian citizenship shall not be granted or restored to a person:
1. who by deliberately submitting false information while applying for Estonian citizenship, or a document attesting to Estonian citizenship has concealed facts which preclude him/her from receiving or restoring Estonian citizenship or which would have precluded him/her from obtaining a document attesting to Estonian citizenship;
2. who does not observe the constitutional state system of Estonia or who does not observe the laws of Estonia;
3. who has acted against the state of Estonia and its security;
4. who has committed a criminal offence for which he/she has been sentenced to imprisonment for a period exceeding one year and who is not considered as rehabilitated with a spent sentence or who has been sentenced on several occasions for intentional criminal offences;
5. who has been employed or is currently employed by the intelligence or security service of a foreign country;
6. who has served in a career position in the armed forces of a foreign state or has entered the reserve forces of a foreign state or has retired from a career position in the armed forces of a foreign state, nor to his/her spouse who has arrived in Estonia in conjunction with the dispatch of military personnel into active service, the reserve forces or retirement;
Estonian citizenship shall not be granted to a person whose parents, adoptive parent, guardian or supervisory guardian submitted false information about facts signifying to the decision of granting Estonian citizenship while applying for Estonian citizenship for the person (this provision shall come into force on July 12, 1999).
Estonian citizenship may be granted or restored to a person who has retired from the armed forces of a foreign state in case he/she has been married to a person who has acquired Estonian citizenship by birth provided that the marriage has lasted for no less than five years and has not been dissolved.
Estonian citizenship shall be lost :
1. through release from Estonian citizenship;
2. through revocation of Estonian citizenship;
3. upon acceptance of the citizenship of another state.
No person may be deprived of Estonian citizenship acquired by birth (constitutional provision).
2. International agreements in force
There are no bilateral agreements concerning the issues of citizenship.
Multilateral international agreements concerning the issues of citizenship:
- Convention on the Rights of the Child (UN, 1989);
- Convention on the Elimination of All Forms of Discrimination against Women (UN, 1979);
- International Convention on the Elimination of All Forms of Racial Discrimination (UN, 1966);
- International Covenant on Civil and Political Rights (UN, 1966);
- Optional Protocol to the Vienna Convention on Consular Relations Concerning Acquisition of Nationality (1963).
3. Recent legislative developments
The most significant recent development has been the Law on amendments to articles 13, 15, 18, 19, 21, 23, 28, 29, 32 and amendment of article 141. This law enables minors under 15 years of age who were born in Estonia after February 26, 1992 to acquire Estonian citizenship by naturalization if:
a. his/her parents who have been legally residing in Estonia for no less than 5 years and who are not considered as citizens by any state apply for Estonian citizenship for the minor;
b. the single parent or adoptive parent applying for Estonian citizenship for the minor who has been legally residing in Estonia for no less than 5 years and who is not considered as citizen by any state.
c. the minor is permanently staying in Estonia and no state has considered him as its citizen.
4. Draft legislation and new trends
None.
5. Recent judicial decisions
None.
6. Recent publications
The 1998 Anniversary Book of the Citizenship and Migration Board
7. Any other information
None.
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe)
Ministry of Foreign Affairs
Legal Department
Rävala pst 9
15049 Tallinn
Consular Department tel: 372 6 317 440
fax:372 6 317 454
Legal Department tel: 372 6 317 400
fax: 372 6 317 439
Citizenship and Migration Board
Endla 13
10212 Tallinn
tel: 372 6 316 920
fax: 372 6 313 744
|
FINLAND (updated on 04.06.2004) |
1. Legislative provisions concerning nationality
a. Texts in force:
- The Constitution of Finland (731/1999), paragraph 5, in force since March 1, 2000
- Nationality Act (359/2003), in force since June 1, 2003
b. Main principles and provisions
Acquisition of Finnish citizenship:
- by birth (main principle jus sanguinis, secondary principle jus soli)
- by adoption
- by legitimation
- by declaration
- by application (naturalisation).
Loss of Finnish citizenship
- a Finnish citizen loses his/her Finnish citizenship directly on the grounds of law when reaching the age of twenty-two if he/she has lived abroad without sufficient connection to Finland and if he/she also has the citizenship of another country
- by a discretionary decision on the basis of annulment of paternity
- by a discretionary decision on the basis of false information
- by being released (on application) from Finnish citizenship.
2. International agreements in force
- UN Convention on the Nationality of Married Women (in force since May 31, 1968 by Decree 338/1968)
- UN Convention and the Protocol relating to the Status of Refugees (in force since January 8, 1969 by Decree 812/1968)
- UN Convention relating to the Status of Stateless Persons (in force since January 8, 1969 by Decree 814/1968)
- UN Convention on the Elimination of All Forms of Racial Discrimination (in force since August 13, 1970 by Decree 37/1970)
- UN Convention on the Elimination of All Forms of Discrimination against Women (in force since October 4, 1986 by Decree 68/1986)
- UN Convention on the Rights of the Child (in force since August 21, 1991 by Decree 60/1991)
- Nordic Convention concerning the Implementation of Certain Regulations on Citizenship (in force since 18 October 2003, by Decree 849/2003)
- The Vienna Convention on Diplomatic Relations and on the Optional Protocol concerning Acquisition of Nationality (in force since January 8, 1970 by Decrees 3 - 4/1970)
3. Recent legislative developments
The Nationality Act came into force on 1 June 2003. The most important change compared to the previous nationality legislation is the wider acceptance of the multiple nationality.
4. Draft legislation and new trends
A new Nationality Decree is under way.
5. Recent judicial Decisions
None.
6. Recent publications
None.
7. Any other information
None.
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe):
Directorate of Immigration
PO Box 18, FIN-00581 Helsinki, Finland
Tel. +358 9 4765 5821
Fax +358 9 4765 5858
|
FRANCE (updated on 28.05.2004) |
1. Legislative provisions concerning nationality
a. Texts in force
- Articles 17 to 33-2 of the Civil Code (Law No. 93-933 of 22 July 1993 reforming the right to nationality, as amended by Law No. 98-170 of 16 March 1998 and by Law No. 2003-1119 of 26 November 2003 on immigration control, foreigners' residence in France and nationality).
- Decree No. 93-1362 of 30 December 1993, as amended by Decree No. 98-720 of 20 August 1998 (Journal Officiel - Official Gazette - of 21 August 1998) [new decree to come].
b. Principles
French nationality law:
- traditionally distinguishes between the conferral of French nationality at birth and acquisition of French nationality by a foreign national
- combines the jus sanguinis and the jus soli principles with regard to the conferral of French nationality
- combines the concepts of residence and birth in France to determine when French nationality is acquired automatically
- secures the same rights to men, women, both spouses and legitimate, natural and fully adopted children
- recognises the principle of multiple nationality; the conferral or acquisition of French nationality is never subject to renunciation of another nationality
- takes into consideration the concerns of the state but also the wishes and rights of individuals with regard to the acquisition or loss of French nationality.
Greater account is taken of the person’s wishes if the application is made as a declaration of nationality than if it is granted by decision of the government (naturalisation).
Save in exceptional cases, the Ministry of Justice is responsible for declarations and the government for naturalisation; in the latter case, in the event of an unfavourable decision, the Minister responsible for naturalisation is delegated to deal with the application under the supervision of an administrative judge:
- provides, under certain conditions, for the automatic acquisition of French nationality by unmarried under-age children of foreign nationals who acquire French nationality (the so-called principle of "collective effect")
- pre-empts and avoids situations of statelessness at birth and in the event of loss of French nationality, notably by requiring the possession of another nationality
- grants the same rights to and imposes the same obligations on all French nationals, irrespective of whether they were born with or acquired French nationality
- provides that new laws on the conferral of the nationality of origin apply immediately to persons who are still minors.
2. Main provisions
2.1 Conferral of nationality at birth
Jus sanguinis: French nationality is passed on by descent from either parent, whether legitimate or natural, in France or abroad, and is subject only to legal confirmation before the child reaches adulthood (Article 18 and 18-1 of the Civil Code).
"Full"adoption: (while the child is a minor): if at least one of the adoptive parents had French nationality at the date of the child's birth, French nationality is conferred on adopted children retroactively from birth.
Jus soli:
- conferral of French nationality by «dual jus soli» (Articles 19-3 and 19-4 of the Civil Code) on children born in France to foreign nationals born in France
- moreover, to avoid situations of statelessness, French nationality is conferred at birth on children born in France to unknown parents or stateless parents or parents who cannot pass on their nationality.
2.2 Automatic acquisition on grounds of birth and residence in France
The application of this principle was the main subject of the debates preceding enactment of the law of 16 March 1998.
Prior to this, foreign nationals born in France to foreign parents born abroad had to state their wish to acquire French nationality between the ages of 16 and 21.
Since 1 September 1998 children born in France to foreign parents born abroad acquire French nationality ipso jure when they reach the age of majority or may themselves apply for French nationality as of 16 years of age; alternatively, their legal representative may lodge an application with their consent once they have reached the age of 13.
The conditions are as follows: they must have been born and reside in France and have had their usual place of residence there for at least five years.
2.3 Acquisition of French nationality by declaration or decision of the public authorities
2.3.1 The declaration embodies the right for a person who fulfils the legal requirements to apply for French nationality.
* Acquisition of French nationality on the grounds of marriage of a foreign national to a French national. Since the law of 26 November 2003 the declaration can be made after a period of two years from the date of the marriage, subject, inter alia, to the requirement that the couple should still be cohabiting. The waiting period is increased to three years where the applicant cannot prove they he/she has lived for at least one year in France since the date of the marriage.
* The declaration may be made in France or abroad, but the applicant must prove he has a sufficient command of French. The government may, by decree, object to the acquisition of French nationality on grounds of the applicant's unfitness or lack of integration, other than from a linguistic standpoint.
* Other possibilities of acquisition or recovery of French nationality exist for persons who have lost French nationality:
- where it has lapsed on account of the prolonged residence abroad of the persons concerned and their ascendants or because of failure to maintain French civil status
- following marriage to a foreign national or the acquisition by individual decision of another nationality
- provided, however, that these persons have maintained clear links with France.
* Children who have been adopted by a French national can claim French nationality by declaration.
2.3.2 Naturalisation, in the case of persons who have never been French, or recovery, in the case of persons who had French nationality at some time in their lives before losing it, are administrative procedures based on almost identical provisions, ie:
2.3.3 Foreign nationals can only be naturalised or recover French nationality if their situation satisfies the legal requirements in force. If not, the Minister responsible for naturalisation must declare the application inadmissible.
Some of these legal requirements are objective: the person must be over the age of majority, have lived in France for five years (a large number of exemptions from the residence requirement are possible), be lawfully fit for entry into France and residence on French territory and not have been sentenced to more than six months’ imprisonment.
The other legal requirements entail an interpretation of the applicant’s situation. For example candidates must be integrated into the French community, as evidenced, in particular, through a practical evaluation of their knowledge and command of the French language, and be «of good character».
The most important factor, however, is that candidates must be settled in France at the time of the decision. This judicial concept is complex and requires that France be the central point of candidates’ family ties and working lives.
2.3.4 Even if these legal requirements have been met, the Minister has a wide margin of discretion which makes it possible, where appropriate, to dismiss the foreigner’s application.
Such applications may be dismissed or deferred by 2 or 3 years, in accordance the usual practice of the authorities. After expiry of this period and if the cause for deferral no longer exists, a fresh application may be lodged. Reasons must be given for all decisions dismissing applications.
2.3.5 The decision to grant French nationality is issued by the government.
Naturalised persons may apply to have their surnames and first names changed to more French-sounding names.
2.4 Loss of French nationality
2.4.1 Individuals must not become stateless on deprivation of French nationality for lack of loyalty. The decree depriving them of their nationality, which can only concern foreign nationals who have acquired French nationality, is time-barred and must be distinguished from the withdrawal of French nationality for failure to meet legal requirements or for reasons of fraud, in which case the act is annulled because it has no administrative validity or no legal basis. The withdrawal of nationality is a rigorous procedure and its implementation is also time-barred.
2.4.2 Loss of French nationality through deliberate forfeiture is, moreover, considered to be a right but is subject to possession of another nationality so as to avoid cases of statelessness.
Forfeiture by declaration is possible in cases in which French nationals live abroad and have acquired their spouse's nationality or some other nationality of their own free will.
In certain cases, children have the right to renounce French nationality between 17½ and 19 years of age.
2.4.3 So as to ensure that the right to forfeit French nationality is not restricted to the above-mentioned cases, the government can, by decree, authorise minors or adults to forfeit their nationality; it has a right of discretionary assessment.
2.4.4 Forfeiture by application of an international convention
By application of the Strasbourg Convention of 6 May 1963, for example.
2.4.5 Under French law, minors, ie people under the age of 18, cannot lose French nationality as a result of a collective effect.
3. International agreements in force
3.1 Concerning overseas territories previously under French sovereignty or French protectorates
- Franco-Vietnamese Convention of 16 August 1955 on nationality (inoperative since 30/4/1975)
- Treaty of cession of the territory of the free city of Chandernagor by France to India, signed in Paris on 2/2/1951
- Treaty of cession of the French settlements of Pondichéry, Karikal, Mahé and Yanaon, signed in New Delhi on 28 May 1956
- Franco-Tunisian Convention, signed in Paris on 3 June 1955 (considered by France to have lapsed on 1 July 1983)
3.2 International multilateral conventions
3.2.1 Multilateral international conventions on nationality
- Council of Europe Convention of 6 May 1963, and its additional protocols, on Reduction of Cases of Multiple Nationality and Military Obligations in cases of Multiple Nationality.
3.2.2 Multilateral international agreements containing provisions on nationality
- Treaty of Versailles of 28 June 1919;
- Agreement of 8 March 1939 between France and Germany concerning the interpretation of paragraph 1.2 of the appendix to Section V part III of the Treaty of Versailles; and
- Treaty of Paris of 10 February 1947.
3.3 Bilateral international agreements
3.3.1 Bilateral international agreements on nationality
- Conventions of 23 July 1879 between France and Switzerland to regularise the status of children of French persons having acquired Swiss nationality by naturalisation
- Arrangement of 24 January 1921 between France and Belgium to settle the nationality of sons of Belgian nationals who were prevented, by the course of events, from renouncing their French nationality when they reached adulthood
- Convention of 12 September 1928 between France and Belgium on the nationality of married women and
- Franco-Belgian Convention of 9 January 1947 on the nationality of married women.
3.3.2 Bilateral international conventions containing provisions on nationality
- Treaty of Turin of 24 March 1860 between France and Sardinia on the reunification of Savoy and the district of Nice with France
- Treaty of Paris of 2 February 1861 between France and the Principality of Monaco on the cession of the communes of Menton and Roquebrune to France
- Treaty of 8 December 1862 between France and Switzerland concerning the Vallée des Dappes
- Final peace treaty of Frankfurt-on-Main of 10 May 1871 between the French Republic and the German Empire
- Additional convention to the peace treaty of 10 May 1871 between France and Germany, signed on 11 December 1871
- Treaty of 10 August 1877 between France and Sweden on the retrocession of Saint-Barthélemy Island to France
- Convention of 30 July 1891 between France and Belgium on the application of laws governing military service in the two countries
- Arrangement of 13 March 1915 on the suspension during the war of the Franco-Belgian Convention of 30 July 1891 on the application of laws governing military service in the two countries and
- Convention of 12 September 1928 between France and Belgium to settle disputes concerning recruitment to the armed forces.
4. Draft legislation and new trends
Recent developments: the law of 22 July 1993 made radical amendments to French nationality legislation. The law of 16 March 1998 revoked some of the amendments made in 1993: it reinstated the principle of automatic acquisition of French nationality at the age of majority by foreign children born in France, on grounds of their birth and residence in France, by abolishing the requirement that such children voluntarily apply for French nationality.
The new law of 26 November 2003 also introduced more severe conditions for acquisition of French nationality on grounds of marriage to a French national.
Draft legislation: none
Trends: when nationality legislation is applied, there is a tendency to take increasing account of the individual’s wishes and to attach greater importance to length of residence.
The reasons given for decisions refusing French nationality, in particularly those based on the discretionary power given to the Minister responsible for naturalisation, is subject to increasingly strict supervision by the administrative courts.
5. Recent judicial decisions
None
6. Recent publications
None
7. Any other information
None
8. Enquiries concerning matters relating to nationality (in addition to the information which may be obtained from the Council of Europe)
Ministries
Ministère de la Justice
Direction des Affaires Civiles et du Sceau
13, Place Vendôme
F-75042 PARIS Cédex 01
Tel: 01 44 77 68 00
Fax: 01 44 77 68 44
Ministère de l'Emploi et de la Solidarité
Sous-Direction des Naturalisations
93 bis, rue de la Commune de 1871
F-44404 REZÉ Cédex
Tel: 02 40 84 46 30
Fax: 02 40 32 31 03
|
GERMANY (updated on 04.06.2004) |
1. Legislative provisions concerning nationality
a. Texts in force
- Nationality Act (Staatsangehörigkeitsgesetz, StAG) of 22 July 1913 (Imperial Law Gazette p. 583, Federal Law Gazette III No. 102-1) with subsequent amendments, in particular the Act to Amend the Nationality Law (Gesetz zur Reform des Staatsangehörigkeitsrechts) of 15 July 1999, Federal Law Gazette I, p. 1618
- Aliens Act (Ausländergesetz, AuslG) of 9 July 1990 (Federal Law Gazette I, p. 354) with subsequent amendments, in particular the Act to Amend the Nationality Law (Gesetz zur Reform des Staatsangehörigkeitsrechts) of 15 July 1999, Federal Law Gazette I, p. 1618
- General Administrative Provision to the Nationality Law (Allgemeine Verwaltungsvorschrift zum Staatsangehörigkeitsrecht ‑ StAR-VwV ‑) of 13 December 2000 (Bundesanzeiger Nummer 21a of 31 January 2001).
In addition there are laws regulating nationality matters which serve primarily to deal with the consequences of war, and numerous other legal provisions enacted prior to and after the enactment of the Basic Law.
b. Main principles and provisions
1. The principle of descent and the new ius soli
The key feature of the German nationality law, which dates back to the 19th century, has traditionally been the principle of descent, i.e. the ius sanguinis. Accordingly, a child acquires German nationality by birth if one of his parents is a German national (section 4, sub-section 1 of the Nationality Act). However, in the case of a child born to parents who are not married and where only the father is a German national, such status can only be claimed if the establishment of his paternity is effective also under German law (section 4, sub-section 1, second sentence of the Nationality Act).
The Act to amend the Nationality Law (of 15 July 1999, Federal Law Gazette I p. 1618) has added elements of the ius soli to the principle of descent, which continues to be applicable. Since 1 January 2000, a child acquires German nationality by birth if one parent has had his or her ordinary and lawful residence in Germany for eight years and has the right of unlimited residence (Aufenthaltsberechtigung) or has had an unlimited residence permit (Aufenthaltserlaubnis) for three years.
Children who have acquired German nationality through the ius soli have to opt for either the German or the foreign nationality when they come of age. If they opt for the German nationality, they have to give up the foreign nationality if this is possible and reasonable. They have to make this decision before they reach age 23.
Children of up to ten years who were born before 1 January 2000 and who would have met the requirements of the ius-soli acquisition have been given a naturalisation entitlement limited to 31 December 2000. They, too, need to opt for either the German or the foreign nationality when they come of age.
2. Naturalisation
Excepting the relatively rare cases of adoption by a German national and the facilitated acquisition of German nationality effected by a declaration by the child (to replace legitimation as of 1 July 1998), aliens can only acquire German nationality by naturalisation.
Section 8 of the Nationality Act lays down, as the basic provision, discretionary naturalisation for aliens who have taken up residence in Germany. In cases of discretionary naturalisation, not only the legal requirements for naturalisation are examined (legal capacity, whether or not there is a ground for expulsion which would be an obstacle to naturalisation, accommodation, and the naturalisation-seeker's ability to provide his subsistence), but also certain integration requirements (identification with the principles of freedom and democracy, knowledge of the German language, adaptation to German conditions of life). Under the new provisions, naturalisation-seekers must have resided in Germany for at least eight years. This period of residence may be shortened for certain groups of persons (e.g. persons suffering political persecution, former German nationals, spouses or children who are to be naturalised alongside the principal naturalisation-seeker). The decisions are discretionary and may be checked by the courts for arbitrariness.
For spouses of German nationals to be eligible for naturalisation pursuant to section 9 of the Nationality Act, they generally need to have lived in Germany for three years and the marital cohabitation needs to have lasted for two years.
On account of the fact that a great number of foreigners have been living in Germany for quite a long time following the recruitment measures of the 1960s and 70s, the new Aliens Act (Ausländergesetz, AuslG), which took effect in 1994, has created two naturalisation provisions particularly tailored to meet the situation of this part of the population (sections 85 and 86 of the Aliens Act). They are designed to make it easier for them to integrate into the German society by acquiring German nationality. These norms provided for relative legal entitlements which were in some cases limited to 1995. Since July 1993, they apply unrestrictedly as genuine legal entitlements which can directly be enforced by a court order.
Under the Act to Amend the Nationality Law of 15 July 1999, the period of residence required for a foreign adult national to be entitled to naturalisation has been reduced from 15 years to eight years in line with section 85 of the Aliens Act as of 1 January 2000. The entitlement is conditional on sufficient knowledge of the German language and on the commitment to the Basic Law. The naturalisation of extremist foreigners is precluded through a new "protective clause". The existing conditions that the applicant has a secure residence status, i.e. a residence permit or a right of unlimited residence, that he has not been convicted of a serious crime and must be able to pay for his subsistence, have been maintained. The fact that applicants may draw social or unemployment assistance for their subsistence for reasons beyond their control continues not to be an obstacle to naturalisation.
Spouses and minor children can be naturalised alongside the principal naturalisation-seeker even if they have not lawfully resided in Germany for eight years.
3. The principle of avoiding multiple nationality
Generally, the above-mentioned discretionary naturalisation under the Nationality Act as well as the mandatory naturalisation under the Aliens Act are conditional on the foreigner giving up his previous nationality. The new German nationality law continues to aim at avoiding multiple nationality where possible when persons are naturalised. Naturalisation-seekers are therefore generally expected to give up their previous nationality. However, the exceptions for special cases of hardship have been put more precise and have been extended in a measured way, for instance for persons suffering political persecution and for recognised refugees: as of 1 January 2000, they need no longer seek to be released from their previous nationality; before that date, it had to be proved in the individual case that they could not be expected to seek such release.
On 15 July 1999, the Act to Amend the Nationality Law was adopted; it entailed an amendment to Section 87 (2) of the Foreigners Act with a view to the increasing European integration: Union citizens are no longer required to give up their previous nationality before being naturalised in Germany, if the other EU member states treats German nationals in the same manner. German nationals wishing to be naturalised in an EU member states are given permission, in line with Section 25 (2) of the Nationality Act, to keep their German nationality.
At present, this regulation applies to the following EU member states: Greece, the United Kingdom, Ireland, Portugal, Sweden, Finland, Belgium and Italy; in relation to the Netherlands, it applies only to certain categories of persons. On 1 May 2004, the scope of application was extended to also cover Hungary, Poland, the Slovak Republic, and Malta as new EU member states; in relation to Slovenia, the application is again restricted to certain groups of persons.
Due to the fact that the principle of avoiding multiple nationality has been maintained, two legal amendments have been made to flank the modernisation of the nationality law and to remove existing imbalances:
- Where a person acquires a foreign nationality upon application, he will, as of 1 January 2000, also lose German nationality if he resides (or continues to reside) in Germany. The "residence-in-Germany clause" has been deleted from Section 25, sub-section 1 of the Nationality Act to counteract the practice of some states which circumvent the principle of avoiding multiple nationality by releasing their citizens from their citizenship so that they can be naturalised in Germany - where multiple nationality is to be avoided - only to grant them their former citizenship again after naturalisation.
- It has been made easier to head off the loss of German nationality resulting from the acquisition of a foreign nationality in line with Section 25, sub-section 1 by means of a retention permit pursuant to Section 25, sub-section 2 of the Nationality Act. When deciding on the issue of such retention permit abroad, the authorities will, as of 1 January 2000, be required to focus on the individual aspect of whether the applicant can satisfy them that his links to Germany continue to exist, e.g. close relatives or possession of real estate in Germany. The previous extremely restrictive practice will be significantly relaxed in the wake of this reform, much to the benefit of Germans abroad.
4. General Administrative Provision to the Nationality Law
So as to ensure that the nationality law is enforced in a uniform manner nation-wide, the Federal Government has issued a General Administrative Provision to Implement the Nationality Law (Allgemeine Verwaltungsvorschrift zum Staatsangehörigkeitsrecht ‑ StAR-VwV ‑), which is binding to the authorities of the Federation, the Laender, municipalities and associations of municipalities executing the nationality law.
2. International agreements in force
- Convention relating to the Status of Refugees, signed 28-07-1951, ratified 01-09-1953, UN.
- Convention relating to the Status of Stateless Persons, signed 28-09-1954, ratified 12-04-1976, UN.*
- Convention on the Nationality of Married Women, signed 20-02-1957, ratified 27-08-1973, UN.
- Facultative Protocol to the Vienna Convention on Diplomatic Relations, signed 18-04-1961, ratified 06-08-1964, UN.*
- Convention on the Reduction of Statelessness, signed 30-08-1961, ratified 29-06-1977, UN.
- Facultative Protocol to the Vienna Convention on Consular Relations, signed 24-04-1963, ratified 26-08-1969, UN.*
- International Covenant on Civil and Political Rights, signed 19‑12‑1966, ratified 15‑11‑1973, UN.*
- Protocol relating to the Status of Refugees, signed 31‑01‑1967, ratified 11‑07‑1969, UN.
- European Convention on the Adoption of Children, signed 24‑04‑1967, ratified 25‑08‑1980, Council of Europe.
- Convention on the Reduction of Statelessness, signed 13‑09‑1973, ratified 29‑06‑1977, CIEC.
- Convention on the Elimination of All Forms of Discrimination against Women, signed 18‑12‑1979, ratified 25‑04‑1985, UN.
Bilateral Agreements
- Agreements on the exchange of notifications on matters under nationality law as well as invalid nationality documents and passports (with Australia, Austria, Chile, Denmark, Ecuador, Greece, Iraq, Iran, Japan, Luxembourg, Federation of Malaya, Netherlands, Pakistan, Panama, Peru, Sweden).
- Item II of the final protocol of the German-Iranian Agreement on Establishment (dated 17/2/1929; Ratification law: 26/7/1930) (Contains an approval requirement for the naturalisation of nationals of the other state and is designed to avoid multiple nationality.)
3. Recent legislative developments (from 1.1.1994 onwards)
Cf. 1.b) above
- Following Germany's re-unification, the Nationality Act of 22 July 1913 has lost its previously necessary function of posing a bracket for a uniform German nationality. Therefore, the nationality law has been revised as a first step when the Act to Amend the Nationality Law was adopted on 15 July 1999. This Act has not only introduced the ius-soli provision and significantly facilitated naturalisation, but has also made things much easier for the naturalisation authorities:
- The naturalisation authorities need no longer conduct the procedures to naturalise expellees and repatriates who have the status of Germans. Upon the entry into force of these elements of the Reform Act, i.e. on 1 August 1999, these groups of persons have either automatically acquired German nationality by virtue of law, or they will automatically acquire it subsequently upon being issued with the certificate pursuant to section 15 of the Federal Expellees Act. In 1998, as many as 184,541 persons were naturalised on the basis of their absolute legal entitlement to naturalisation, almost all of whom came under this category; this is leaving aside persons having an absolute legal entitlement to naturalisation under the Aliens Act.
- The naturalisation authorities are no longer required to obtain prior approval from the Federal Ministry of the Interior before naturalising any applicant.
- In addition, naturalisation fees have been raised to cover the costs, i.e. from Euro 51 (formerly: DM 100) to Euro 255 (formerly: DM 500) as a general rule, while the fee for the naturalisation of minors who are to be naturalised alongside the principal naturalisation-seeker and who have no income of their own continues to be Euro 51 (formerly: DM 100).
4. Draft legislation and new trends
The "Act to Amend the Nationality Law" presents a first major step towards an
overall reform of the German nationality law. It contains the new regulations which are considered to be most urgent and important from a political point of view. There is general agreement that the German nationality law needs to be reformed as a whole, for which further amendments are necessary.
In line with the naturalisation provision of Section 87 (2) of the Foreigners Act, dual nationality is accepted if the applicant holds the nationality of another EU member state and if there is „mutuality“. In a ruling handed down in appeal proceedings (file no. BVerwG 1 C 13.03, of 20 April 2004), the Federal Administrative Court held that mutuality is given if the country in question also permits German nationals to keep their nationality when they are naturalised there. This ruling paves the way for a uniform application of the naturalisation provisions across Germany. Previously, some federal states defined mutuality in a stricter sense, making it more difficult for applicants to hold two nationalities.
Survey of the Policy and Law concerning Foreigners in the Federal Republic of Germany
7. Any other information
The European Convention on Nationality of 6 November 1997 was signed by the Federal Republic of Germany on 4 February 2002. The Act of 13 May 2004 concerning the European Convention on Nationality of 6 November 1997 took effect on 19 May 2004 (Federal Law Gazette II, p. 578).
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe)
Federal Ministry of the Interior
Alt Moabit 101 D
D-10559 Berlin
Tel. 49 18 88 681 2361 / 2372
Fax 49 18 88 681 2433
Internet site: www.bmi.bund.de
|
GREECE (updated on 04.06.2004) |
1. Legislative provisions concerning nationality
· Texts in force
- Constitution of Greece of 1975/1986 Articles 4 par. 1, 2 and 3 and 116 par. 6
- Legislative Decree No 3370/1955 (Official Gazette No 258, issue A’/23/9/1955), constituting the Greek Code on Nationality.
- Law No 1438/1984 (Official Gazette No 60, issue A’/8.5.1984), amending Legislative Decree No 3370/1955
- Law No 2130/1993 (Official Gazette 62, issue A’/23.4.1993), amending Law No 1438/1984.
- Law No 2503/1997 Article 14 par. 12, (Official Gazette 107, issue A’/30.5.1997), amending Law No 2130/1993.
- Law No 2623/1998 Article 9 par. 14, (Official Gazette 139, issue A’), abolishing article 19 of the Greek Code on Nationality
- Law 2647/1998 (Official Gazette No 237-A/22.10.1998)
- Law 2790/2000 (Official Gazette No 24 – A/16.2.2000)
- Law 2910/2001 (Official Gazette No A91, 27.4./2/5.2001), amending the conditions for naturalization.
- Law 3013/2002 (Official Gazette No A102, 11.5.2002), supplementing Article 69 of Law 2910/2001.
- Law 3146/2003, article 5 (Official Gazette No A125, 23.5.2003), supplementing article 59 of Law 2910/2001, reducing the fees for the submission of a second application for naturalization, if the initial one is rejected.
- Law 3207/2003, article 8, para.13 (Official Gazette No A302, 24.12.2003) providing for the acquisition of the Greek nationality by athletes entitled to participate in the Olympic Games.
· Main principles and provisions
· Main principles
Principle of equality of all citizens before the law and equality between men and women (par. 1,2 and 3 of Article 4 of the Constitution).
Article 4
· All Greeks shall be equal before the law
· Greek men and women shall have equal rights and obligations
· All persons meeting the conditions under the law shall be Greek citizens. Withdrawal of Greek nationality is permitted only in cases of voluntary acquisition of another nationality or agreement to perform services for a foreign country contrary to national interests and subject to the conditions and in accordance with the procedure explicitly provided for by the law.
Principles of “jus sanguinis” and “jus soli”
Article 1 of the Greek Nationality Code introduces a mixed system prescribing the application of the above two principles depending on the case.
· Main provisions
Acquisition of Greek nationality by naturalisation (Art. 6 of the Nationality Code)
An alien who has reached the age of 18 may acquire nationality by naturalisation.
The following are required for naturalization:
- An application for naturalization by the alien to the authorities of the town or village in which he lives or is resident, accompanied, inter alia, by a declaration, stating that he wishes to be naturalised. The declaration must be made in the presence of the mayor or the president of the community and of two Greek citizens acting as witnesses. In the case of an alien of Greek ethnic origin, resident abroad, the aforementioned application is submitted to the Greek consular authority of his place of residence that subsequently transmits it to the Ministry of the Interior, accompanied, inter alia, by a relevant report.
The following are also required for the application for naturalization:
i. The alien must be an adult (18 years) at the time of submission of the application for naturalization.
ii. There must not be decision of expulsion pending against him.
iii. He must not have been convicted of a series of crimes listed in article 58 of Law 2910/2001 including, inter alia, drug and weapons smuggling, trafficking of clandestine migrants etc.
In addition to that, if the alien is of non-Greek ethnic origin, he must have been legally resident in Greece for a total of ten out of the twelve years preceding submission of the naturalization application and five years out of twelve, in the case of a stateless alien or of an alien who has been recognized as a refugee. Time spent by the alien in Greece as a diplomatic or administrative official of a foreign country is not included in the mandatory period mentioned above. Furthermore, persons born and subsequently residing in Greece, as well as persons married with Greek nationals residing in Greece and having children with them, do not have to fulfil these conditions. The alien of non-Greek ethnic origin must also have an adequate knowledge of the Greek language, history and civilization. »
- If the alien is of non-Greek ethnic origin, he must have been resident in Greece for a total of ten out of the twelve years preceding submission of the naturalisation application of five years as from the date of his declaration with a view to naturalisation. Time spent by the alien in Greece as a diplomatic or administrative official of a foreign country is not counted towards the mandatory period mentioned above. Persons born and subsequently residing in Greece as well as persons married with Greek nationals residing in Greece and having children with them, do not have to fulfill these conditions.
- An application for naturalisation addressed to the Ministry of the Interior. Naturalisation is granted by decision of the Ministry of the Interior following an investigation into the alien’s character and general legal personality. No grounds have to be given for the decision rejecting the application for naturalisation.
However, according to the Sate Council’s case-law (particularly Decision No 406/1990), if, in the text of the decision rejecting the application for naturalization or in any other relevant documents to which this decision refers, special ground for the rejection are mentioned, these grounds have to be in accordance with law and are subject to judicial review by the State Council (Supreme Administrative Court).
Marriage does not affect the acquisition or loss of Greek nationality (Art.4 of the Nationality Code)
However, in case of an application for naturalization submitted by a foreign national, the very fact of his/her marriage to a Greek citizen is also taken under consideration (art. 6§3, al.b of the Greek Nationality Code, as supplemented by the art. 32 of Law No. 2130/1993).
Acquisition of foreign nationality does not result in the loss of Greek nationality
The relinquishment of Greek nationality, following the acquisition of foreign citizenship, is subject to authorization.
A person also having a foreign nationality does not lose Greek nationality unless his petition to relinquish it is granted.
Authorisation is granted and the petition is granted by the decision of the Ministry of the Interior following an opinion by the Nationality Council (Art. 14 of the Nationality Code).
2. International agreements in force
Multilateral agreements
- Universal Declaration of Human Rights
(10 December 1948 – United Nations)
- Convention relating to the Status of Refugees
(28 July 1951 – United Nations) – ratified by Legislative Decree No 3989/1959 (Official Gazette No 201-A/1959)
- Protocol relating to the Status of Refugees
(31 January 1967 – United Nations) – ratified by obligatory Law No 389/1968 (Official Gazette No 125-A/1968)
- Convention relating to the status of stateless persons
(28 September 1954 – United Nations) – ratified by Law No 139/1975 (Official Gazette No 176 – A/1975)
- Convention no 8 on the exchange of information concerning the acquisition of nationality
(10 September 1964 – International commission on Civil Status) – ratified by Law No 536/1977 (Official Gazette No 33-A/1977)
- International Convention on the Elimination of all forms of Racial Discrimination
(7 March 1966 – United Nations) – ratified by Legislative Decree No 494/1970 (Official Gazette No 77-A/1970)
- International Covenant on civil and Political Rights
(16 December 1966 – United Nations) – ratified by Law No 2462/1997 (Official Gazette No 25-A/1997)
- European Convention on the adoption of children
(24 April 1967 – Council of Europe) – ratified by Law No 1049/1980 (Official Gazette No 114-A/1980)
- Convention no 13 to reduce the number of cases of statelessness
(13 September 1973 – International Commission on Civil Status) – ratified by Law No 535/1977 (Official Gazette No 36 – A/1977)
- Convention on the elimination of all forms of discrimination against Women (18 December 1979 – United Nations) – ratified by Law No 1342/1983 (Official Gazette No 39-A/1983)
- Convention on the rights of the child
(20 November 1989 – United Nations) – ratified by Law No 2101/1992 (Official Gazette No 192-A/1992)
Bilateral agreements:
None
[The bilateral agreement between the Hellenic Republic and the ex-Union of Soviet Socialist Republic concerning the non-naturalisation of nationals of either Party by the other without the consent of the country of origin (Athens, 25.7.1986, Official Gazette No 62-A/8.5.1987) has ceased to be in force.]
3. Recent legislative developments
Publication of the following Laws:
· Law 2910/2001 (Official Gazette No A91, 27.4./2.5.2001).
· Law 3013/2002 (Official Gazette No A102, 11.5.2002).
· Law 3146/2003 (Official Gazette No A125, 23.5.2003).
· Law 3207/2003 (Official Gazette No A302, 24.12.2003)
4. Draft legislation and new trends
A new Nationality Code, codifying the overall legislative texts concerning nationality is under preparation.
5. Recent judicial decisions
State Council Decision No 275/1999 concerning the annulment on grounds of false reasoning of the decision of the Minister of the Interior rejecting an application for naturalization.
6. Recent publications
· Papasioppi - Passia Zoe, « Nationality Law », Sakkoulas editions, Thessaloniki 2003, 6th edition (in Greek)
· Grammenos St. , « Greek Nationality Law », Athens, 2003, 4th edition (in Greek)
7. Other information
None
8. Enquires concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe)
Ministries:
Ministry of Foreign Affairs
Special Legal Department
3, Zalocosta street
GR-10671ATHENS
Tel. 30 1 36 83 297
Fax 30 1 36 83 316
e-mail: [email protected]
Ministry of the Interior
Nationality section
31, Stadiou Street
GR-10559 ATHENS
Tel. 30 1 32 44 806
Fax 30 1 32 45 634
|
HUNGARY (updated on 13.09.2004) |
1. Legislative provisions concerning nationality
a. Texts in force
- Act No. L.V. of 1993 on Hungarian Nationality
date of promulgation 15 June 1993
date of entry into force 1 October 1993
amended by the Act XXXII of 2001 entered into force on 1st July 2001
amended by the Act LVI of 2003 entered into force on 1st September 2003
- Government Decree No. 125 of 1993 on the Implementation of the Act LV of 1993 on Hungarian Nationality
date of promulgation: 22nd September 1993
date of entry into force: 1st October 1993
amended by the Government Decree No. 103 of 2001 entered into force on 1st July 2001
amended by the Government Decree No. 128 of 2003 entered into force on 1st September 2003
b Main principles
No distinction shall be made between Hungarian nationals on the grounds of the title of origin or acquisition of nationality.
No one shall be arbitrarily deprived of his nationality or his right to change nationality.
Respecting the freedom of the individual, the Act promotes the unity of the family, the reduction of cases of statelessness and ensures the protection of personal data.
c. Main provisions
Hungarian national is a person who
· is a Hungarian national at the time the Act entered into force;
· becomes a Hungarian national on the strength of the Act;
· acquires Hungarian nationality according to the Act;
until his nationality terminates.
o the child of a Hungarian national shall become a Hungarian national by birth
Retroactive effect of the acquisition of Hungarian nationality by birth
The child of a foreign or a stateless person is Hungarian by birth if following a recognition of paternity with full effect, a subsequent marriage or a judicial decision ascertaining paternity or maternity, his other parent is Hungarian.
Naturalization
1. Basic case: a non-Hungarian may be naturalised on application if:
· he has resided in Hungary unbroken for a period of eight years preceding the submission of the application;
· according to Hungarian law he has a clean record and at the time the application is decided there is no criminal proceeding against him in a Hungarian court;
· his livelihood and residence in Hungary are ensured;
· his naturalisation does not interfere with the interests of the Republic of Hungary;
· he passes an examination in Hungarian language in basic constitutional skills (if the law does not provides otherwise).
2. Preferential naturalisation may be granted to a non Hungarian person if he has resided in Hungary unbroken for at least a period of five years preceding the submission of the application, provided that the conditions listed for the basic case (except the period of residence) are still valid and he meets one of these requirements:
· he was born in Hungary; or
· he resided in Hungary during his minority; or
· he is stateless.
3. Preferential naturalisation may be granted to a non Hungarian person if he has resided in Hungary unbroken for at least a period of three years preceding the submission of the application, provided that the conditions listed for the basic case (except the period of residence) are still valid and he meets one of these requirements:
- he lives in a valid marriage with a Hungarian for at least three years, or the marriage was terminated by the death of the Hungarian spouse; or
- his minor child is Hungarian; or
- he has been adopted by a Hungarian; or
- he has been recognized as a refugee by the Hungarian authorities.
A minor child adopted by a Hungarian may be naturalized regardless to his residence.
4. More preferential naturalisation may be granted to a person whose ascendant was a Hungarian national provided that he resides in Hungary at least for a period of one year at the time of the submission of the application and the conditions listed for the basic case (except the period of residence) are still valid.
Re-naturalisation
A person residing in Hungary who has lost his Hungarian nationality may apply for re-naturalisation provided that the conditions listed for the basic naturalisation case (except the period of residence) are still valid.
Applications for naturalisation and re-naturalisation are judged by the President of the Republic of Hungary, upon the proposal of the Minister of the Interior.
Declaration
The following persons may acquire Hungarian nationality by declaration submitted to the President of the Republic of Hungary:
- Who were deprived of their nationality according to the previous acts;
- Who was born in Hungary and has not acquired the foreign nationality of his parents by birth provided that at the time of his birth he resided in Hungary, he lives unbroken in Hungary for at least a period of five years by the time of the submission of the declaration and he is no older than nineteen years.
- Who was born from a Hungarian national mother and a foreign national father before 1 October 1957 and did not become a Hungarian national by birth.
In these cases the Minister of the Interior issues a certificate on the acquisition of Hungarian nationality. An eventual refusal of the declaration may be revised by the Municipal Court of Budapest.
Loss of Hungarian nationality
1. Renunciation: A Hungarian residing abroad may renounce his nationality if he possesses a foreign nationality or relies on the probability of its acquisition. In this case the Minister of the Interior recommends to the President of the Republic to accept the renunciation.
2. Withdrawal:Hungarian nationality may be withdrawn if it was acquired by naturalization violating the law, particularly by misleading the authorities submitting false data or omitting data or facts. Hungarian nationality shall not be withdrawn having ten years elapsed after its acquisition.
d. Multiple nationality
Multiple nationality is generally recognized by the Act.
2. International agreements in force
a. Multilateral international agreements
- UN Universal Declaration of Human Rights of 10 December 1948
- UN Convention relating the Status of Refugees of 28 July 1951 and its Protocol of 31 January 1967
- UN Convention on the Status of Stateless Persons of 28 September 1954
- UN Convention relating the Nationality of Married Women of 20 February 1957
- Vienna Convention on Diplomatic Relations of 18 April 1961
- Vienna Convention on Consular Relations of 24 April 1963
- UN Convention on the Elimination of All Forms of Racial Discrimination of 21 December 1965
- UN Covenant on Civil and Political Rights and its Optional Protocol of 16 December 1966 and its 2nd Optional Protocol of 15 December 1989
- UN Convention on the Elimination of All Forms of Discrimination Against Women of 18 December 1979 and its Additional Protocol
- UN Convention on the Rights of the Child of 20 November 1989
- European Convention on Nationality of 6 November 1997
b. Bilateral international agreements
None.
3. Recent legislative developments
1. Act LVI of 2003 on the amendment of the Act on Nationality
2. Government Decree nr. 128 of 2003 on the amendment of the Government Decree nr. 125 of 1993 on the Implementation of the Act on Nationality
4. Draft legislation and new trends
None.
5. Recent judicial decisions
Decision of the Hungarian Supreme Court nr. EBH2001.482.: To the acquisition of Hungarian nationality by birth those legislative provisions shall be applied what were effective at the time of the birth.
Decision of the Hungarian Supreme Court nr. BH 288/2002: Hungarian nationality is acquired by birth. Adoption does not confer Hungarian nationality ex lege but gives a preferential title for naturalization.
6. Recent publications
Mária Parragi: Hungarian Citizenship Law and Hungarians Living Abroad. Minorities Research, vol. 3/2001. Budapest, Hungary
7. Any other information
None.
8. Enquiries concerning matters relating to nationality
Office of Immigration and Nationality of the Ministry of the Interior
Department of Nationality, H-1903 Budapest, P. O. Box 314., Hungary
Phone: (36-1) 463 91 18 Fax: (36-1) 463 91 17
E-mail: [email protected]
|
ICELAND (updated on 14.09.2004) |
· Legislative provisions concerning nationality
o Texts in force
- Constitution, No 30 of 17 June 1944 as amended by Act No 100 28 June 1995, art. 66, para. 1.
2. Icelandic Nationality Act, No 100 of 23 December 1952, amended May 1982, June 1998, February 2003.
o Main principles and provisions
Icelandic citizenship is acquired by virtue of:
- birth (conditions),
- adoption (conditions),
- declaration (conditions),
- naturalization (conditions).
Icelandic citizenship is lost on reaching the age of 22 by a person who was born abroad and has never been domiciled in Iceland or staying in the country under circumstances that indicate a link with Iceland.
An Icelandic citizen can be released from Icelandic citizenship on condition that he or she acquires another citizenship.
o Multiple nationality
According to the Icelandic Citizenship Act dual and multiple citizenship is generally permitted.
· International agreements in force
1. Convention relating to the Status of Refugees – 28 July 1951
(United Nations)
2. Convention on the nationality of married Women – 20 February 1957 (United Nations)
3. Convention on the rights of the Child – 20 November 1989
(United Nations).
4. Nordic Agreement: Implementation of certain Regulations on Citizenship, 14 January 2002.
5. Convention on protection of children and co-operation in inter-country adoption, 29 May 1993 (Hague).
6. European Convention on Nationality, November 1997
3. Recent legislative developments
On 1 July 2003 there entered into force an act amending several articles of the Icelandic Nationality Act, no 100/1952. The main changes concern multiple nationality.
In main, the amendments are the following:
a) An Icelandic citizen will retain his citizenship when becoming a citizen of another state, provided that state allows double citizenship. This also applies to any children below the age of 18 years in that person's custody. The conditions set in Article 8 of the Icelandic Citizenship Act as regards residence or stay in Iceland prior to the age of 22 years must be fulfilled.
b) In order to acquire citizenship of a state not allowing double citizenship, an Icelandic citizen must apply for release from Icelandic citizenship before the new citizenship can be confirmed. An application for release from Icelandic citizenship shall be lodged with the Ministry of Justice. The application must be accompanied by a confirmation that the new citizenship will become effective when release is obtained from the Icelandic citizenship.
c) An Icelandic citizen who has accepted citizenship of another state and therefore has lost his Icelandic citizenship without the other state having made such a requirement, can apply for renewal of the Icelandic citizenship to the Ministry of Justice. The applicant must be a resident of Iceland or fulfil the requirements of Article 8 of the Act relating to stay in Iceland. Renewal can only be granted if confirmation is available to the effect that the applicant can accept Icelandic citizenship without loss of the present citizenship.
Such applications must be lodged prior to 1 July 2007.
d) The provision of Article 8 of the Citizenship Act, to the effect that an Icelandic citizen who was born abroad and has never been domiciled in Iceland or resided in Iceland for any purpose indicating a desire to be an Icelandic citizen, shall lose his citizenship on reaching the age of 22 years, remains unchanged. Loss of Icelandic citizenship will however not occur if the person in question is not a citizen of any other state, and would therefore become stateless. Thus, double citizenship is not allowed for these citizens.
4. Draft legislation and new trends
There is no new revision of the nationality act being prepared.
5. Recent judicial decisions
There are no recent judicial decisions relating to nationality.
6. Recent publications
There are no recent publications.
4. Any other information
None.
5. Enquires concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe):
Ministry of Justice and Ecclesiastical Affairs
Skuggasund
IS-150 REYKJAVÍK
Tel. + 354 545 9000
Fax + 354 552 7340
E-mail: [email protected]
Website: www.dkm.is
|
IRELAND (updated on 13.09.2004) |
1. Legislative provisions concerning nationality.
a. Texts in force
- Irish Nationality & Citizenship Act, 1956 (the principal Act)
- Irish Nationality & Citizenship Act, 1986
- Irish Nationality & Citizenship Act, 1994
- Irish Nationality & Citizenship Regulations, 1993
- Irish Nationality & Citizenship Act, 2001
The main change wrought by the 2001 Act is the embedding in Irish Citizenship legislation of a constitutional amendment regarding citizenship through birth in Ireland (although this will change again soon - see "Draft legislation and trends" below).
Article 2 of the Irish Constitution says: “Every person born in the Island of Ireland, its islands and its seas, has an entitlement and birthright to be part of the Irish nation”. That entitlement and birthright translates, in terms of citizenship laws, into an entitlement to be an Irish citizen.
This provision in the Irish Constitution, which was approved by the people in a referendum on 22 May 1998, gives effect in Irish law to the British-Irish Agreement, part of the Good Friday Agreement. At Article 1 (vi) of the British-Irish Agreement, the two Governments recognise “the birthright of all the people of Northern Ireland to identify themselves and be accepted as Irish or British or both, as they may so choose, and accordingly confirm that their right to hold both British and Irish citizenship is accepted by both Governments and would not be affected by any future change in the status of Northern Ireland.
b. Main Principles and Provisions
The conditions governing the acquisition of Irish citizenship and the conferring of naturalisation are contained in the Irish Nationality and Citizenship Acts, 1956,1986 et 2001(Unless otherwise stated, all references hereafter are to sections of these Acts).
b.1 Citizenship
b.1.1 Every person born in the Island of Ireland is entitled to be an Irish citizen. [Section 6 (1)]
b.1.2 Every person whose father or mother was an Irish citizen at the time of his/her birth, is an Irish citizen. [Section 7(1)]
b.1.3 A person whose grandparents, but not his/her parents, were born in Ireland can claim Irish citizenship by registering in the Foreign Births Register FBR at an Irish Embassy or Consular Office or at the Department of Foreign Affairs in Dublin. Registration in this manner will also allow such a person's child to register for citizenship, provided the former registration was completed by the time of the child's birth. [Sections 6(2), 7(3), 27]
Example:
|
A |
(Born in Ireland) |
Entitled to be an Irish citizen |
|
B |
(Daughter of A) |
Irish citizen |
|
C |
(Son of B/grandson of A) |
Must register to obtain Irish citizenship |
|
D |
(Daughter of C/great granddaughter of A) |
May register for Irish citizenship, provided that "C" had registered by the time of "D's" birth |
Note: If "C" had registered prior to 31 December 1986, "D" would be able to register at any time. The 1986 Act introduced a provision whereby registration in the FBR after the aforementioned date granted citizenship from the date of registration only.
b.1.4 The President may grant Irish citizenship as a token of honor to a person or to the child or grandchild of a person who, in the opinion of the Government, has done signal honor or rendered distinguished service to the nation. A total of X persons have received this honour to date. [Section 12]
b.2 Post-nuptial citizenship
b.2.1 A non-Irish citizen, married to a person who is an Irish citizen (otherwise than by naturalisation), may accept Irish citizenship as his/her post-nuptial citizenship by lodging a declaration not earlier than three years from the date of the marriage or three years from the date the applicant's spouse became an Irish citizen through registration in the Foreign Birth's Register, whichever is the later. An applicant must submit (if resident in Ireland, to the Department of Justice; if resident abroad, to the nearest Irish Embassy or Consul Office) a declaration that:
a. the marriage is subsisting at the date of lodgment of the declaration;
b. the couple are living together as husband and wife and the spouse who is an Irish citizen submits an affidavit to that effect when the declaration is being lodged. [Section 8]
b.2.2 The post-nuptial process has been repealed with effect from 30 November 2002. A transition period in the 2001 Act provides that declarations of post-nuptial citizenship may continue to be lodged until 29 November 2005. [Section 4(2)].
b.2.3 Persons who do not qualify to avail of the transition period must apply for naturalisation. [Section 15A - described below]
c.3 Naturalisation
c.3.1 The Minister may, in his/her absolute discretion, grant an application for a certificate of naturalisation provided certain statutory conditions are fulfilled. In the case of a non-national applicant who is the spouse of an Irish national those conditions are that the applicant
must:
- be of full age
- be of good character
- be married to an Irish citizen for at least 3 years
- be in a marriage recognised under the laws of the State as subsisting
- be living together as husband and wife with the Irish spouse
- have had a period of one year's continuous residence in the island of Ireland immediately before the date of the application and, during the 4 years immediately preceding that period, have had a total residence in the State amounting to 2 years
- intends in good faith to continue to reside in the State after naturalisation
- has made, either before a justice of the District Court in open court or in such manner as the Minister, for special reasons, allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State. [Section 15A]
c.3.2 In other cases the Minister may, in his absolute discretion, grant an application for a certificate of naturalisation provided certain (more rigorous) statutory conditions are fulfilled. Those conditions are that the applicant must:
- be of full age
- be of good character
- have had a period of one year's residency in the State immediately before the date of the application and, during the 8 years immediately preceding that period, have had a total residence in the State amounting to 4 years.
- intends in good faith to continue to reside in the State after naturalisation
- has made, either before a justice of the District Court in open court or in such manner as the Minister, for special reasons, allows, a declaration in the prescribed manner, of fidelity to the nation and loyalty to the State. [Section 15(1)]
c.3.3 Section 16A of the INCA 2001 defines the types of residence which are reckonable for naturalisation purposes. Applicants must have had, if required, the permission of the Minister to remain in the State. Residency spent seeking to be recognized as a refugee and residency spent in the State for the purpose of study are excluded. [Section 16A ].
c.3.4 The Minister has the power to dispense with the statutory conditions for naturalisation, in whole or in part, in certain circumstances that are prescribed by law viz. where the applicant is:
- of Irish descent or Irish associations
- a parent or guardian acting on behalf of a minor of Irish descent or Irish associations
- a naturalised Irish citizen acting on behalf of a minor child of the applicant
- or has been resident abroad in the public service
- a person who is a refugee within the meaning of the United Nations Convention relating to the Status of Refugees of 28 July 1951, and the Protocol relating to the Status of Refugees of 31 January 1967
- or is a Stateless person within the meaning of the United Nations Convention relating to the Status of Stateless Persons of 28 September 1954. [Section 16]
c.3.5 A person who knowingly gives false or misleading information when applying for naturalisation is guilty of an offence. [Section 17(2)]
c.3.6 A certificate of naturalisation may be revoked under certain circumstances. [Section 19]
c.3.7 If an Irish citizen of full age is, or is about to become, a citizen of another country and for that reason desires to renounce citizenship, he or she may do so, if ordinarily resident outside the State; by lodging with the Minister a declaration of alienage, and, upon lodgment of the declaration or, if not then a citizen of that country, upon becoming such, shall cease to be an Irish citizen. [Section 21]
2. International agreements in force
2.1 Ireland is a signatory to the United Nations Convention relating to the Status of Refugees (1951) and the United Nations Convention relating to the Status of Stateless Persons (1954).
3. Recent legislative developments
None
4. Draft legislation and new trends
4.1 Following a referendum of the people 11 June 2004 the Irish Constitution was amended. The purpose of the Referendum was to deal with the impact of the universal entitlement for those born in Ireland to claim Irish citizenship.
4.2 The relevant amendment to Article 9 of the Irish Constitution reads as follows:
“2 10 Notwithstanding any other provision of this Constitution, a person born in the island of Ireland, which includes its islands and its seas, who does not have, at the time of his or her birth, at least one parent who is an Irish citizen or entitled to be an Irish citizen is not entitled to Irish citizenship or nationality, unless otherwise provided for by
law.
20 This section shall not apply to persons born before the date of the enactment of this section.”
4.3 As the current Irish Nationality and Citizenship Acts provide that every person born in the island of Ireland has an entitlement to Irish citizenship, the foregoing Constitutional amendment has had no effect on the de facto position regarding the acquisition of Irish citizenship. However, the amendment facilitates a change in the current legislation in relation to children born in Ireland except in so far as a child has a parent who is or is entitled to be an Irish citizen is concerned.
4.4 The relevant implementing legislation is expected to be published shortly. In broad terms the implementing legislation will have the following features:
· A person born whether north or south to non-national parents, either of whom has been lawfully resident in the State for at least three out of the four years preceding the birth, will have an entitlement to Irish citizenship
· A person born whether north or south to parents one of whom is a British citizen or has an entitlement to reside in the UK (and thus in Northern Ireland) without any restriction on his or her period of residence will be entitled to Irish citizenship
· A person born whether north or south to parents, either of whom has an entitlement or permission to reside in the State without any restriction on his or her period of residence, will be entitled to Irish citizenship
· A person born whether north or south to non-national parents one of whom has been lawfully resident in Northern Ireland for at least three out of the four years preceding the birth will have an entitlement to Irish citizenship
4.5 If a person born in Ireland to non-national parents does not come within any of these categories, then he or she will not have an entitlement to Irish citizenship.
4.6 The Government’s proposals will not however alter the effect of section 6(3) of the Irish Nationality and Citizenship Act 1956: if under the above proposals a person born in Ireland to non-national parents does not gain an entitlement to Irish citizenship, but would otherwise have no nationality, then under section 6(3) that person will be an Irish citizen.
5. Recent judicial decisions
None
6. Recent publications
None
7. Any other information
None at present
8. Enquiries concerning matter relating to nationality (in addition to information which may be obtained from the Council of Europe).
Citizenship Section
Immigration & Citizenship Division
Department of Justice, Equality and Law Reform
13/14 Burgh Quay
Dublin 2
Ireland
Tel.: 353.1.616.7700
Fax: 353.1.616.7701
Website: www.justice.ie
|
ITALY (updated on 13.09.2004) |
1. Legislative provisions concerning nationality
a. Texts in force
- Law No. 91 of 5 February 1992 containing new citizenship rules (published in the Gazzetta Ufficiale della Repubblica Italiana of 15 February 1992), entered into force on 16 August 1992, has abrogated all previous laws and provisions on nationality (see art. 26, par. 1 and 2).
- The rules of implementation of this law were adopted by the Decree No 572 of the President of the Republic on 12.10.1993 (published in the Official Journal of 4.01.1994, u.2).
- The rules on the proceedings of acquisition of Italian nationality were adopted by the Decree N° 362 of the president of the Republic on 18 April 1994 (Official Journal n° 136 of 13.06.0994)
b. Main principles and provisions
- Principles
i. Italian citizenship is based on the criterion of "jus sanguinis". The child of an Italian father or mother is Italian.
ii. The equality of men and women.
iii. Dual and multiple nationality is permitted (art. 11 excludes the automatic loss of nationality).
iv. Avoidance of statelessness (under art. 4 a stateless person may acquire the Italian citizenship by declaration; there is a legal presumption of Italian nationality for new-born infants found abandoned in the territory of the Republic (art. 1.2); in case of revoked adoption, the loss of the Italian citizenship is conditioned by the possession of another nationality (art. 3.3); the Italian citizenship may be granted, under art. 8, to a stateless person who resides legally with the territory of the Republic at least five years; the possession of another nationality is a precondition for renunciation of the Italian nationality (art. 14)).
- Rules
A. Acquisition of Italian nationality:
1. by descent (art. 1.1.a).
2. by birth on Italian territory (jus soli) if both parents are unknown or stateless persons (art. 1.1.b) and if the child is found abandoned within the territory (art. 1.2).
3. recognition by an Italian parent or judicial declaration of filiation during the minority of child (art. 2).
4. by adoption (art. 3).
5. by voluntary acquisition:
a. declaration (art. 4)
A foreigner may acquire the Italian nationality by declaring his (or her) will to do so, if he (she) satisfies certain conditions (birth with the territory, residence; etc.).
b. marriage (art. 5)
Requirements :
- legal residence in Italy for at least six months;
- or three years of marriage;
- validity of marriage;
- absence of criminal conviction in the cases indicated in art. 6;
- absence of obstacles based on national security (art. 6)
- acquisition : by decree of the Minister of Interior, upon request by the interested party (art. 7).
c. naturalisation (art. 9)
By decree of the President of the Italian Republic, the Italian citizenship may be granted to a certain number of categories of foreign persons who satisfy certain conditions of residence depending on different factors.
The ordinary period of legal residence is 10 years (art. 9.1.f).
But there are some exceptions:
- three years for descendants of ex-citizens and for foreigners who were born in the Italian territory (art. 9.1.a);
- four years for citizens of a member State of the European Union (art. 9.1.d);
- five years for stateless persons and refugees (art. 9.1.e and art. 16.2) and for adult foreigners adopted by Italian citizens (art. 9.1.b);
- no period of residence is required for foreigners who have served for at least five years as employees of the State, also abroad (art. 9.1.c).
B. Loss of Italian nationality
1. By renunciation
An Italian citizen may renounce his citizenship, whenever he resides or establishes his residence abroad and if he possesses, acquires or recovers a foreign citizenship (art. 11) by declaration.
2. Automatically by virtue of art. 12
Voluntary performance of military service abroad or holding of a public office for a foreign State in defiance of the government's explicit prohibition.
3. In case of revocation of adoption, provided that the adoptee possesses another citizenship or reacquires it (art. 3.3).
C. Re-acquisition of Italian nationality
1. By declaration, under the conditions of art. 13, for the persons who have lost the Italian citizenship by virtue of art. 9.
2. By declaration within two years from the date of entry into force of law of nationality No. 91/1992, where the loss of nationality derived from the application of previous laws.
2. International agreements in force
a. Bilateral agreements
- The nationality agreement between Italy and Argentina, Buenos Aires, 29 0ctober 1971;
- The Lateran Treaty between Italy and the Holy See, Laterano, Roma, 11 February 1929; Exchange of notes of 1940 and 1980 regarding citizenship of Cardinals resident in Rome;
- Treaty of Osimo between Italy and Yugoslavia, 10 November 1975 (art. 3 and enclosed exchange of letters between the two Governments, All. VI).
b. Multilateral agreements
- Convention on the Reduction of Cases of Multiple Nationality and on Military Obligations in cases of Multiple Nationality, Strasbourg, 6 May 1963.
- Treaty of S. Germain, 10 September 1919 (art. 70.f.f.);
- Treaty of Paris, 10 February 1947 (art. 19.f.f.).
On the basis of art. 26 of the new Act on Nationality all these agreements continue to be applicable even in contrast with the provisions of the Act.
- Second Protocol to the Convention on the Reduction of Cases of Multiple Nationality and on Military Obligations in Cases of Multiple Nationality (Strasbourg, 2 February 1993)
- European Convention on Nationality (Strasbourg, 6 November 1997)
- Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption (The Hague, 29 May 1993)
- Convention on the exchange of information relating to acquisition of nationality (Paris, 10 September 1964 – International Commission on Civil Status) [with a reservation to Article 8]
- Convention relating to the Status of Stateless Persons (New York, 28 September 1954)
3. Recent legislative developments
- Rules of implementation of the Law No 91 of 5 February 1992 (see 1.a)
- Presidential Decree No. 572 of 12 October 1993 implementing Act No. 91 of 5 February 1992 (O.J. No. 2 of 4 January 1994)
- Presidential Decree No. 362 of 18 April 1994 on procedures for acquiring Italian nationality (O.J. No. 136 of 13 June 1994, Suppl. ord.)
- Act No. 736 of 22 December 1994 (O.J. 4 January 1995, No. 3) concerning modifications to Article 17 of Act No. 91 of 5 February 1992
- Act No. 218 of 31 May 1995 "Reform of the Italian system of private international law" (O.J. No. 128 of 3 June 1995, Suppl. ord.)
- Act No. 476 of 31 December 1998 on the acquisition of Italian nationality by adopted foreign children
- Legislative decree No. 286 of 25 July 1998, (‘Testo unico’ on immigration and foreign nationality), implementing Act No. 40 of 6 March 1998, on immigration and foreign nationality (O.J. No. 59 of 12 March, Suppl. ord.), together with implementing regulation No. 394 of 31 August 1999 (O.J. No. 258 of 3 November 1999, Suppl. ord. No. 190/L)
- Act No. 379 of 14 December 2000 on granting Italian nationality to persons born and already resident in the territories of the former Austro-Hungarian Empire and their descendants (O.J. No. 295 of 19 December 2000)
- Presidential decree No. 396 of 3 November 2000 introducing regulations to revise and simplify civil status
4. Draft legislation and new trends
None.
5. Recent judicial decisions
1. Decision of the Milan Court Section. X of 5 March 2003 on the recognition of statelessness (Giustizia civile, 2004, fasc. 1 (January), pt. 1, pages 267-272)
2. Decision of the Florence Court of 12 November 2002 on the recognition of statelessness (La nuova giurisprudenza civile commentata, 2003, fasc. 2 (April), pt. 1, pages 312-318)
3. Constitutional Court decision No. 15062/2000 on granting Italian nationality to the children of Italian mothers (Rivista di diritto internazionale, 2001, (June), pages 443-450)
4. Decision of the Rome Tribunal, sez. VI bis civ., of 4 November 1999, on Italian-Libyan nationality (Il nuovo diritto, 2000, fasc. 11 (November), pt. 2, pages 1031-1033).
6. Recent publications
1. RESCIGNO G. U., Note sulla cittadinanza, in Diritto pubblico, 2000, pp. 751-765
2. Adinolfi A., Il riconoscimento della cittadinanza italiana ai nati da madre cittadina prima del 1948: quale "uniforme interpretazione del diritto" da parte della Cassazione? in Rivista di diritto internazionale, 2001, pp. 443-450
3. Guglielman, P. – Zampaglione, G., La Cittadinanza – Commento teorico pratico alla
normativa vigente, Roma, 1995.
4. G. Kojanec, La cittadinanza italiana. Riflessi interni e internazionali, Milano 1994.
7. Any other information
See Interior Ministry circulars on nationality:
http://pers.mininterno.it/cittad./Circolari.htm
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe)
Ministries:
Ministry of the Interior
Nationality Department, Special and Property Matters
Nationality Division
Tel.: ++ 39 06 46529616
Fax: ++39 06 46529632
http://www.interno.it
Ministry of Foreign Affairs
Directorate General for Italians abroad and migration policies (DGIEPM)
Tel.: ++39 06 36912812
|
LATVIA (updated on 10.05.2004) |
9.1 Legislative provisions concerning nationality
- Texts in force
4.1.1 Constitution of the Republic of Latvia, adopted on February 15, 1922, amended on March 21, 1933; restored by the Supreme Council of the Republic of Latvia on May 4, 1990; amended on January 27, 1994; on June 5, 1996; on December 4, 1997, on October 15, 1998 (Chapter 8 “Fundamental Rights of a Person” has been included in the Constitution and thus the Constitutional Law “Rights and Obligations of a Person and a Citizen” becomes null and void) and on April 30, 2002;
4.1.2 Law on Citizenship adopted on July 22, 1994; amended on March 16, 1995; on February 6, 1997 and on June 22, 1998;
1 Law on the Status of the Former USSR Citizens Who Are not Citizens of Latvia or Any Other State, adopted on April 12, 1995 and amended on June 18, 1997; on August 27, 1998; on March 30, 2000; on September 14, 2000;
2 Law on Stateless Persons, adopted on January 29, 2004;
3 Regulations of the Cabinet of Ministers No. 245 "Regulations on the Passports of Citizens of Latvia, Passports of Non-citizens and Documents of Stateless Persons for Travelling", adopted on June 18, 2002
- Main principles and provisions
Upon the date the “Law on Citizenship” comes into force the “Resolution on the Renewal of the Republic of Latvia Citizens’ Rights and Fundamental Principles of Naturalization” (October 15, 1991) has become null and void (as provided in the Provisions for Transition Period of the Law on Citizenship).
1. The majority of present citizens of Latvia are citizens of the independent Republic of Latvia prior to 1940, or direct descendants of citizens of this period. Their citizenship status is based on the Law on Citizenship adopted in 1919.
2. “The Law on Citizenship” adopted in 1994 is essentially a naturalization law that sets forth requirements and procedures for acquiring the citizenship of Latvia through naturalization. This law enables residents of Latvia, not covered by “Resolution on the Renewal of the Republic of Latvia Citizens’ Rights and Fundamental Principles of Naturalization” (October 15, 1991), to apply for the citizenship of Latvia.
3. All permanent residents of Latvia, regardless of their ethnic origin, religious or social background, can apply for the citizenship of Latvia. Restrictions apply only to persons who:
3.1 through the use of anti-constitutional methods have turned against independence of the Republic of Latvia, its democratic parliamentary state system or the existing state power in Latvia, if such has been established by a court decree;
3.2 after May 4, 1990, have propagated fascist, chauvinist, national-socialist, communist or other totalitarian ideas or have stirred up ethnic or racial hatred or discord, if such has been established by a court decree;
are officials of foreign state power, foreign state administrative or foreign state law enforcement institutions;
serve in the armed forces, internal forces, security service or the police (militia) of a foreign country;
after June 17, 1940, have chosen the Republic of Latvia as their place of residence directly after demobilization from the USSR (Russian) Armed Forces or the USSR (Russian) Interior Armed Forces and who, on the day of their conscription or enlistment, were not permanently residing in Latvia. This restriction shall not apply to the persons mentioned in Article 13, Paragraph 1, Subparagraphs 6 and 7 and Article 13, Paragraph 5 of this Law (taking into account the law “Amendments to the Law on Citizenship” amendments are to be made in this provision, namely the numeration is to be changed);
have been employees, informers, agents or have been in charge of a secret abode of the former USSR (Latvian SSR) State Security Service (KGB) or other foreign security service, intelligence service or other special service, if such a fact has been established in accordance with the procedures as prescribed by the law;
3.7 have criminal records in Latvia or in another country for a crime which is considered to be a crime in Latvia as well at the moment this law comes into force; or
after January 13, 1991, have acted against the Republic of Latvia through participation in the Communist Party of the Soviet Union (Communist Party of Latvia), the Working People's International Front of the Latvian SSR, the United Council of Labour Collectives, the Organization of War and Labour Veterans, or the All-Latvia Salvation Committee and its regional committees or in the Union of Communists of Latvia.
4. Requirements for the citizenship of Latvia
5. The citizenship of Latvia shall be granted through naturalization only to those persons who have been registered in the Residents’ Register Office and:
i. whose place of permanent residence, on the submission date of their application for naturalization, has been in Latvia for no less than five years counting from May 4, 1990 (for persons who entered Latvia after July 1, 1992, the five-year term shall be counted from the date of the issuance of their permanent residence permit);
ii. who know the Latvian language;
iii. who know the basic principles of the Satversme (the Constitution) of the Republic of Latvia;
iv. who know the text of the National Anthem and the history of Latvia;
v. who have a legal source of income;
vi. who have taken an oath of loyalty to the Republic of Latvia;
vii. who have submitted a statement of renunciation of their former (it should be "current, present or existing" - J. C.) citizenship and have received an expatriation permit from the country of their former (it should be "current, present or existing" - J. C.) citizenship, if such permit is provided for by the laws of that country, or have received a document certifying the loss of citizenship; but citizens of the former USSR who resided in Latvia on May 4, 1990 - a testimony that they have not acquired citizenship of any other country; and
viii. who are not subject to the naturalization restrictions mentioned in Article 11 of this law.
6. Only those persons who meet all the requirements mentioned in Paragraph 1 of Article 12, shall be granted the citizenship of Latvia through naturalization.
7. A statement on renunciation of the former (it should be "current, present or existing" - J. C.) citizenship, an expatriation permit or a document certifying the loss of citizenship shall be submitted after the person has been officially notified that there are no other obstacles for granting him/her the citizenship of Latvia.
8. There are many categories of residents who are granted the citizenship of Latvia on a special basis, i. e. without regard for a general succession of review.
1. After this law comes into force, citizenship of Latvia can be individually granted to persons:
a. who are Latvians or Livonians and who repatriate to Latvia;
b. who were citizens of Lithuania or Estonia on June 17, 1940 and to their descendants, if they or their descendants have permanently resided in Latvia for no less than five years as of the submission date of their application for naturalization;
c. who were citizens of Poland on September 1, 1939 and to their descendants, if they or their descendants have permanently resided in Latvia for no less than five years as of the submission date of their application for naturalization;
d. who have been married to a citizen of Latvia for at least ten years and who have permanently resided in Latvia for no less than five years as of the submission date of their application for naturalization.
2. Persons who meet at least one of the requirements mentioned in Paragraph 1 of this Article have the right to have one's application to be reviewed without regard for a general succession of review.
3. A person who has rendered outstanding service for the benefit of Latvia, but is not entitled to naturalize through a general procedure as prescribed by this law may be granted the citizenship of Latvia upon a decision of the Saeima (the parliament of Latvia) that shall be published in an official newspaper. When granting citizenship to a person on the basis of outstanding service for the benefit of Latvia, the provisions of Article 12 (except prohibition of dual citizenship) of this law do not apply.
4. A person who wishes to be granted the citizenship of Latvia on the basis of outstanding service for the benefit of Latvia shall submit an application to be granted such citizenship to the Saeima. The application shall include the person’s autobiography (CV) and a statement stating that there are no facts which would indicate that the restrictions mentioned in Article 11 of this law apply.
9. Is multiple/dual citizenship allowed under the legislation of Latvia?
Granting the citizenship of Latvia must not lead to dual citizenship. Part 1, Article 9 and Paragraph 1, Part 1, Article 24 of the Law on Citizenship prescribe this. Persons who are already dual citizens (of Latvia and another state) are recognized only as citizens of Latvia in accordance with the Law on Citizenship. Citizens of other states seeking to apply for the citizenship of Latvia must officially renounce any other citizenship.
But there are some exceptions for dual citizenship. The Law on Citizenship does not prohibit multiple citizenship when a citizen of Latvia has acquired citizenship of another state automatically not having manifested his/her will (see Part 2, Article 9 of the Law on Citizenship).
See also Provisions for Transition Period of the Law on Citizenship:
a. Citizens of Latvia and their descendants who, during the period from June 17, 1940 until May 4, 1990, in order to escape the terror of the occupation regimes of the USSR and Germany, have left Latvia as refugees, have been deported or due to the aforementioned reasons have not been able to return to Latvia, and who have become naturalized during this time in a foreign country shall retain their right to register in the Residents’ Register Office as citizens of Latvia, and after the registration shall enjoy the full scope of citizens' rights and fulfil citizens' obligations, if registered as at July 1, 1995. If these persons register after July 1, 1995, they must renounce their citizenship of another country.
b.The provisions of Article 24, Paragraph 2 of this law shall not apply to citizens of Latvia with dual citizenship, if their place of permanent residence is outside the territory of Latvia.
10. The Naturalization Board (under supervision of the Ministry of Justice) accepts and reviews naturalization applications and determines whether or not a resident has qualified for the citizenship of Latvia. The Cabinet of Ministers prescribes the procedures for testing the knowledge as prescribed by the Law on Citizenship, namely, the proficiency in the Latvian language and the knowledge of the basic principles of the Constitution, the text of the National Anthem and the history of Latvia.
11. If a naturalization application is denied applicants have two options:
- they can appeal against the decision to courts of Latvia;
- they can reapply one year after the denial of their previous application.
12. The reasons for the loss of the citizenship of Latvia are renunciation or deprivation of this citizenship:
- any person who is a citizen of another country or has been guaranteed citizenship of another country may renounce the citizenship of Latvia, but the application to renounce citizenship can be denied, if the person has not fulfilled his/her financial obligations towards the state of Latvia or the person (male) has not fulfilled his military obligations;
- the citizenship of Latvia may be deprived of by a decision of a regional court
- if a person has acquired citizenship of another country without submitting an application for renunciation of the citizenship of Latvia,
- or serves in the armed forces, internal forces, security service, police (militia) or institutions of justice of a foreign country without permission from the Cabinet of Ministers,
- or has intentionally provided false information when proving his/her rights to the citizenship of Latvia.
9.2 International agreements in force
Universal Declaration on Human Rights of 1948 (came into force for Latvia on March 24, 1992)
Convention relating the Status of Stateless Persons of 1954 (came into force for Latvia on September 16, 1999)
International Convention on the Citizenship of Married Women of 1957 (came into force for Latvia on July 13, 1992)
International Convention on the Reduction of Statelessness of 1961 (came into force for Latvia on July 13, 1992)
Convention on the Elimination of All Forms of Racial Discrimination of 1965 (came into force for Latvia on May 14, 1992)
International Covenant on Civil and Political Rights of 1966 (came into force for Latvia on July 14, 1992)
Convention on the Elimination of All Forms of Discrimination against Women of 1979 (came into force for Latvia on May 14, 1992)
Convention on the Rights of the Child of 1989 (came into force for Latvia on May 14, 1992)
European Convention on Nationality of 1997 (signed on May 30, 2001)
9.3 Recent legislative developments (from January 1, 1998)
5.1 The law “Amendments to the Law on Citizenship”.
The citizens of Latvia voted by ballot for the law “Amendments to the Law on Citizenship” (June 22, 1998) in the public referendum. The law took effect on November 10, 1998. It means that:
4 all the residents of Latvia are entitled to the citizenship of Latvia through general procedure, namely, those who are entitled to it by special regulations of the Law on Citizenship and who can pass examinations as prescribed by the Law on Citizenship;
6.1 parents (non-citizens of Latvia or stateless persons) of those children who were born in Latvia after August 21, 1991 are able to request for granting the citizenship of Latvia to their children (since of January 1, 1999).
5.2 The Regulations of the Cabinet of Ministers No. 32 "Regulations of the Procedure for the Acceptance and Review of the Application on the Recognition of a Child to Be a Citizen of Latvia" - adopted on February 2, 1999 and amended on February 3, 2004.
5.3 The Regulations of the Cabinet of Ministers No. 33 "Regulations of the Examination of the Proficiency in the Latvian Language and the Examination of the Knowledge of the Basic Principles of the Satversme (the Constitution), the Text of the National Anthem and the History of Latvia for Persons Who Wish to Acquire the Citizenship of Latvia through Naturalization" - adopted on February 2, 1999; amended on August 29, 2000; June 5, 2001, on August 14, 2001 and on April 22, 2003.
5.4 The Regulations of the Cabinet of Ministers No. 34 "The Procedure for the Acceptance and Review of Naturalization Applications" - adopted on February 2, 1999; amended on November 28, 2000; on January 9, 2001, on June 5, 2001, April 22, 2003 and on February 3, 2004.
5.5 The Regulations of the Cabinet of Ministers No. 351 "Regulations of the Naturalization Board" - adopted on June 20, 1995; amended on October 15, 1996; on September 28, 1998; on January 26, 1999 and on April 10, 2001.
5.6 The Regulations of the Cabinet of Ministers No. 410 "Regulations on the State Duty Payable for Documenting Renunciation of the Citizenship of Latvia and Restoration of the Citizenship of Latvia" - adopted on November 28, 2000.
5.7 The Regulations of the Cabinet of Ministers No. 13 "The Procedure for Documenting Loss and Restoration of the Citizenship of Latvia" - adopted on January 9, 2001.
5.8 The Regulations of the Cabinet of Ministers No. 234 "Regulations on the State Duty Payable for Submission of a Naturalization Application" - adopted on June 5, 2001, amended on July 16, 2002 and on September 16, 2003.
9.4 Draft legislation and new trends
A draft decree of the Cabinet of Ministers on ratification of the European Convention on Nationality (November 6, 1997) was approved on December 27, 2001. It has been submitted to the Saeima.
9.5 Recent judicial decisions
113 claims have been submitted to court as to deprivation of the citizenship of Latvia in 2003. 89 persons have been deprived of the citizenship of Latvia.
9.6 Recent publications in English (from January 1, 2000)
prepared by the Naturalization Board:
The Naturalization Board of the Republic of Latvia (a folder), 2000
The Naturalization Board of the Republic of Latvia 1994 - 1999 (a book), 2000
The Naturalization Board of the Republic of Latvia (a set of materials for representation purposes), 2002
Co-operation of the Naturalization Board with Foreign Institutions and International Organizations, 2000, 2001, 2002, 2003 and 2004
Materials on the Legal Basis of the Naturalization Board for Carrying out its Tasks, 2000, 2001, 2002, 2003 and 2004
Methodological Recommendations for Applicants of the Citizenship of Latvia while Reading for the Examination of the Knowledge of the Basic Principles of the Constitution of the Republic of Latvia, the Text of the National Anthem and the History of Latvia, 2000, 2001, 2002 and 2003
The Naturalization Board. Annual Report - 2000, 2001, 2002, 2003
The Examination of the Proficiency in the Latvian Language. Information for Persons Applying for the Citizenship of Latvia, 2001 and 2002
Research “The Role of Regional Aspects in Dealing with Citizenship Issues”, 2003
9.7 Any other information
For more information:
http://www.np.gov.lv
9.8 Information concerning matters relating to citizenship (in addition to the information which may be obtained in the Council of Europe)
Naturalizacijas parvalde (The Naturalization Board)
Smilsu iela 1/3
Riga, LV - 1050
LATVIJA - LETTONIE
Telephone: 7814001
Fax: (371) 7814005
E-mail: [email protected]
Information prepared by :
Juris CIBULS
Deputy Head
Foreign Relations Department
Naturalization Board
Telephone: + (371) 7814213
Fax: + (371) 7814213
E-mail: [email protected]
|
LIECHTENSTEIN |
1. Legislative provisions concerning nationality
a. Texts in force
- Act of 4 January 1934 on the acquisition and loss of citizenship, followed by statutory provisions of 2 November 1960, 10 December 1965, 11 July 1974, 13 May 1976, 7 September 1976, 11 April 1984 and 14 October 1986, as well as the publication of 17 November 1988.
b. Main principles and provisions
- Citizenship is acquired by birth, legitimation, adoption of a child or marriage, by means of a simplified or a regular procedure.
- Every citizen of Liechtenstein must also be a citizen of a municipality of the Principality of Liechtenstein.
- Legitimate children are citizens of Liechtenstein by birth if the father is a citizen of Liechtenstein; illegitimate children are citizens of Liechtenstein if the mother is a citizen of Liechtenstein.
- Foreign children eligible for adoption acquire citizenship if they are under ten years of age at the time of adoption.
- The foreign spouse of a male citizen of Liechtenstein may claim Liechtenstein citizenship and citizenship of her husband's municipality if she can prove that she has been ordinarily resident in Liechtenstein for twelve years, the years subsequent to marriage counting double, and the applicant must have been lawfully married for at least three years to a Liechtenstein citizen and must renounce her previous nationality.
- The foreign children of a Liechtenstein mother who are citizens of Liechtenstein by birth, legitimation, adoption or through the simplified or regular procedure may, on application, enjoy the citizenship of their mother's municipality and country, if they can prove that they have been ordinarily resident in Liechtenstein for 30 years, the years from birth to their twentieth birthday counting double. They must have been ordinarily resident in Liechtenstein for the five years prior to their application. They have to provide an attestation of renunciation of their previous nationality.
- Foreigners may obtain citizenship of Liechtenstein if there is proof that they have been ordinarily resident in Liechtenstein for at least five years and that they have renounced their previous nationality. When a married foreigner is granted Liechtenstein citizenship, his legitimate children and spouse also become citizens of Liechtenstein if they had been mentioned in the application. Liechtenstein citizenship may be granted only if proof can be provided of entry into a Liechtenstein municipality's residency federation adopted by a citizens' vote.
- Liechtenstein citizenship is lost through explicit or non‑explicit renunciation, invalidity of the marriage, deprivation, legitimation or adoption. The loss of national citizenship also entails the loss of municipal citizenship.
2. International agreements in force
- Exchange of notes dated 6 November 1963 between the Principality of Liechtenstein and Switzerland on matters relating to the acquisition of citizenship.
3. Recent legislative developments
None.
4. Draft legislation and new trends
The Liechtenstein Parliament instructed the Government in a motion of 17 June 1992 to propose by December 1996 at the latest amendments to those Acts which conflict with the principle of equal rights for men and women within the meaning of the new Article 31, paragraph 2. The legislation relating to the acquisition and loss of Liechtenstein citizenship contains numerous provisions under which there is inequality between men and women. It is planned to revise the legislation during the months ahead and submit the new text to Parliament during the current parliamentary term. The amendment affecting national citizenship will require an amendment of the Municipalities Act and of municipal citizenship, which is governed by the Act. The Act will have to include provisions intended to achieve equality between men and women in respect of the acquisition and loss of citizenship.
5. Recent judicial decisions
None.
6. Recent publications
None.
7. Any other information
As described in paragraph 1, the legislation governing the acquisition and loss of national citizenship was most recently amended by the Act of 14 October 1986 (LGBl. 1986/104), following the promulgation on 17 November 1988 of the judgment of the Constitutional Court. No further judicial decisions relating to national citizenship have been taken since 1 January 1991, and there have been no publications on the subject in the meantime.
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe)
Ministry
Government of the Principality of Liechtenstein
Internal Affairs
Government Buildings
FL-9490 VADUZ
Tel. 41 75 236 61 11
Fax: 41 75 236 60 22
|
LITHUANIA (updated on 31.10.2003) |
1. Legislative provisions concerning nationality
a) Texts in force
- Constitution of the Republic of Lithuania, paragraphs 12 and 13, in force since November 10, 1992
- Law on Citizenship of the Republic of Lithuania 17 September 2002 (as last amended by the Law of 3 April 2003 № IX-1456)
- Law on Implementation of the Law on Citizenship of the Republic of Lithuania of 17 September 2002 (as last amended by the Law of 21 January 2003 № IX-1298)
b) Main principles and provisions
Lithuanian citizenship shall be acquired:
- by birth;
- by exercising the right to citizenship of the Republic of Lithuania;
- by being granted citizenship of the Republic of Lithuania (naturalisation);
- by voicing one’s option or on other grounds, as provided for by international treaties of the Republic of Lithuania;
- on other grounds provided for by the Law on Citizenship.
Lithuanian citizenship shall be lost:
- upon renunciation of citizenship of the Republic of Lithuania;
- upon acquisition of citizenship of another state;
- on the grounds provided for by international agreements to which the Republic of Lithuania is a party.
A person may be recognised as having lost citizenship of the Republic of Lithuania if he is in the military service of another state or is employed in the public service of another state without having been granted authorization by relevant institutions of the Republic of Lithuania.
Contraction of a marriage by a citizen of the Republic of Lithuania with a citizen of foreign state or with a stateless person, also dissolution of such marriage shall not by itself change the citizenship of either spouse.
Residence by a citizen of the Republic of Lithuania in a foreign state shall not by itself entail loss of citizenship of the Republic of Lithuania.
c) multiple nationality
The Lithuanian Law on Citizenship is based on the principle of single nationality. The general rule is that a citizen of the Republic of Lithuania can not at the same time be citizen of another state.
In some cases the Lithuanian Law on Citizenship allows a citizen of the Republic of Lithuania at the same time to be a citizen of another state:
- persons who held citizenship of the Republic of Lithuania prior to 15 June 1940, their children, grandchildren and great-grandchildren (provided that the persons, their children, grandchildren or great-grandchildren did not repatriate);
- The President of the Republic may grant, by way of exception, citizenship of the Republic of Lithuania to citizens of foreign states for special merit to Lithuania.
2. International agreements in force
- Convention on the Rights of the Child, 1989 (came into force for Lithuania on 1 March, 1992);
- Convention on the Elimination of all Forms of Discrimination Against Women, 1979 (came into force for Lithuania on 17 February, 1994);
- European Convention on the Legal Status of Children Born out of Wedlock ,1975 (came into force for Lithuania on 18 July 1997);
- Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption, Hague, 1993 (came into force for Lithuania on 1 August 1998);
- Convention relating to the Status of Refugees, 1951 (came into force for Lithuania on 27 July 1997);
- Protocol relating to the Status of Refugees, 1967 (came into force for Lithuania on 28 April 1997);
- International Convention on the Elimination of all Forms of Racial Discrimination, 1966 came into force for Lithuania on 9 January 1999);
- Convention relating to the Status of Stateless Persons, 1954 (came into force for Lithuania on 7 May 2000).
3. Recent legislative developments
See under 1 a), b) and c) above
4. Draft legislation and new trends
None.
5. Recent judicial decisions
None.
6. Recent publications
None.
7. Any other information
None.
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe):
Ministry of Justice
Gedimino Ave. 30/1
LT-2600 Vilnius, Lithuania
Tel. +(370 5) 266 2980
Fax.: + (370 5) 262 5940,
+(370 5) 262 4732
Email: [email protected]
Migration Department
at the Ministry of Internal Affairs of the Republic of Lithuania
Šventaragio Str. 2
LT-2600 Vilnius, Lithuania
Tel. +(370 5) 271 7119,
+(370 5) 271 7236
Fax.: +(370 5) 271 8210
Email: [email protected]
|
LUXEMBOURG |
1. Legislative provisions concerning nationality
a. Texts in force
- National legislation
. Articles 9 and 10 of the Constitution
. Act of 22 February 1968 on Luxembourg nationality
(Mémorial 1968,91)
. amended on 26 June 1975, (Mémorial 1975,764 and 800)
. amended on 20 June 1977, (Mémorial 1977,1268)
. amended on 11 December 1986, (Mémorial 1986,2238)
. co-ordinated text of 11 December 1986 (Mémorial 1986,2354)
. Decree of 9 March 1940 establishing the procedure to be followed in cases of forfeiture of Luxembourg nationality, provided under Article 28 of the Act of 9 March 1940 on the right of settlement in Luxembourg (Mémorial 1940,226)
amended by Decree of 22 March 1948 (Mémorial 1948,489)
. Act of 7 June 1989 on changes of surnames and forenames of individuals acquiring or regaining Luxembourg nationality (Mémorial 1989,766)
b. Main principles and provisions
The main rules governing Luxembourg nationality are contained in the co-ordinated text of 11 December 1986. This legislation embodies a guarantee of equality between women and men. "Jus sanguinis" takes precedence over "jus soli", which is of secondary importance. Acquisition of Luxembourg nationality is conditional on the original nationality being relinquished.
- Luxembourg nationality is acquired:
1. by descent;
2. by virtue of birth in Luxembourg in the case of children of unknown legal parentage;
3. by plenary or simple adoption in the case of minors under the age of 18 who are stateless or lose their original nationality as a result of foreign legislation;
4. by voluntary acquisition:
- option: administrative procedure
- naturalisation: legislative procedure;
5. by reinstatement of original Luxembourg nationality.
- Luxembourg nationality is lost:
1. by the voluntary acquisition of another nationality after age 18;
2. by formal renunciation before a municipal registry officer in the event of possession of another nationality;
3. by minors whose parents change nationality by the voluntary acquisition of another nationality;
4. by minors in the event of the link with their Luxembourg parent being severed (the other parent being a foreigner);
5. by the subsequent affiliation by a foreigner of a child of unknown legal parentage, before the said child reaches the age of 18;
6. by a voluntary statement of intent to retain another nationality, or, in cases of option or naturalisation, by a refusal to renounce the previous foreign nationality;
7. by the automatic loss of Luxembourg nationality in the event of 20 years' uninterrupted residence abroad of Luxembourg nationals born abroad and possessing a foreign nationality, unless the person makes a maintenance declaration every 20 years.
2. International agreements in force
- Convention of 20 February 1957 on the nationality of married women approved by the Act of 27 April 1977 (Memorial 1977, 534)
- Convention of 6 May 1963 on the reduction of cases of multiple nationality and military obligations in cases of multiple nationality approved by the Act of 18 June 1971, (Mémorial 1971,1130), amended by the Protocol of 24 November 1977, approved by the Act of 27 February 1979, (Mémorial 1979,386 and Mémorial 1982,88)
- Protocol of 24 November 1977 amending the convention on the reduction of cases of multiple nationality and military obligations in cases of multiple nationality, signed in Strasbourg and approved by the Act of 27 February 1979, (Mémorial 1979,383).
3. Recent legislative developments
There is no draft legislation pending at present. Some political groups have proposed reducing the residence requirement for naturalisation from 10 to 5 years.
4. Draft legislation and new trends
The government has just made plans to introduce legislation and tabled a bill in parliament to reform the legislation on Luxembourg nationality as it stands under the law of 11 December 1986.
The main features of the bill are as follows:
- The conditions for acquiring Luxembourg nationality by naturalisation will be amended on a fundamental point - the length of residence required.
The required period of regular, actual residence in the territory of Luxembourg is to be reduced to five years in all cases.
This will have the effect of standardising the residence periods for naturalisation and for opting for Luxembourg nationality, with the advantage of simplifying the application of the law for everyone.
- The rules relating to acquisition of nationality through the naturalisation and option procedures will be standardised as far as possible.
However, it remains the case that an application for naturalisation is subject to the approval of the Chamber of Deputies and an application to be allowed to opt for Luxembourg nationality is subject to ministerial approval.
- The submission of applications to acquire Luxembourg nationality by naturalisation or by opting for it will be standardised as far as possible. In both cases, applications by foreign nationals aged 18 or over will have to be submitted to the municipality of residence in the form of a signed declaration.
- The conditions for acquiring nationality by opting for it will no longer be subject to a time-limit.
At the moment, in almost all cases of entitlement to opt for Luxembourg nationality, the person making the declaration must be aged between 18 and 25. In the future, it will be possible for those who meet the acquisition conditions stipulated by the law to make such a declaration at any time during their life from the age of 18 onwards.
- Other measures, also envisaged in the government’s programme, accompany these important changes. If a state makes it easier for people to acquire its nationality, this must not mean that it stops addressing all the demands for integration or assimilation made by foreign residents who wish to take advantage of the favourable conditions for acquiring Luxembourg nationality.
5. Recent judicial decisions
There are no recent nationality cases.
6. Recent publications
Bulletin du Cercle François Laurent 1991: Bulletin 4, Case Law report by MM Marc Jaeger and Albert Pauly (ruling by the EC Court of Justice in the Asti/Chambre des Employés Privés case).
7. Any other information
In January 1987 the Ministry of Justice had a brochure on the main provisions of the law governing Luxembourg nationality published by the government's Information and Press Department. This brochure is available in French and German from the Ministry of Justice.
* 1990 Mélanges Michel Delvaux p. 141
Marc Jaeger: L'accès des ressortissants des autres Etats membres aux emplois dans l'administration publique
Bulletin du cercle François Laurent: 1987 Bulletin 4
Fernand Schockweiler: L'accès aux professions salariées et les restrictions admises en droit communautaire : 1990 Bulletin 4
Georges Wiwenes: Libre circulation des enseignants et barrières linguistiques
* Liaison sheet of the Saint-Yves Conference 1990 No. 75
Georges Ravarani: La filiation
* Jurisclasseur: Droit Comparé
Législation Comparée: Luxembourg
Ernest Arendt:}
Georges Margue} Incapacités d'exercice - Mariage - Divorce
Robert Krieps } - Filiation - Adoption
Albert Weitzel}
Alphonse Huss:} Conflits de lois et de juridictions en
Albert Weitzel} droit luxembourgeois
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe)
Ministry
Ministère de la Justice:
16, Bd. Royal
L-2934 Luxembourg
Service de l'Indigénat
Service Naturalisation-Options
Service Certificat de nationalité
Tel. 352 478 45 35 / 24
Fax 352 22 76 71
|
MALTA |
1. Legislative provisions concerning nationality
a. Texts in force
- The Constitution of the Republic of Malta - Chapter III (Citizenship)[3]
- The Maltese Citizenship Act (Cap 188)[4].
b. Main principles and provisions
Malta acquired independence from British rule in 1964. The Constitution of Malta was enacted by the Malta Independence Order, 1964 and Chapter III of the said Constitution is dedicated to citizenship. The Constitution established that persons born in Malta before the 21st September 1964, one of whose parents was also born in Malta, became automatically citizens of Malta on the 21st September 1964 (jus soli/jus sanguinis). It established further that persons born in Malta after independence acquired Maltese citizenship by mere birth in Malta (jus soli).
The principle was then also established that a Maltese citizen shall not have any other citizenship and that if a person who is a citizen of Malta possessed any other citizenship whilst still a minor, that person has to decide which citizenship to retain between his eighteenth and nineteenth birthday. Moreover Maltese citizens who, when of adult age acquired the citizenship of some other country, ceased to be automatically citizens of Malta. Furthermore, foreigners who acquired Maltese citizenship by registration or naturalisation had to renounce any other citizenship held by them within six months or three months as the case may be.
It is perhaps pertinent to point out also that, in the case of a child born abroad, Maltese citizenship could only be acquired if the father was a citizen of Malta at the time of the child's birth. That is, a Maltese mother could not transmit her citizenship to her child born outside Malta (unless she was unmarried).
The Maltese Citizenship Act was enacted in 1965 to complement the provisions on citizenship in the Constitution and to make provisions for the acquisition of Maltese citizenship by registration (in the case of Commonwealth citizens, after five years residence in Malta) and by naturalisation (in the case of all other aliens, after six years residence in Malta).
The Immigration Act was enacted in 1970 and this laid down the provisions for the immigration control of foreigners in the Maltese Islands.
Over the years various amendments were carried out to the above-mentioned legislation, especially on the 13th December 1974 when Malta was declared a Republic; but significant changes took place in 1989 when Parliament approved Acts No XXIII, XXIV, and XXV which amended the Constitution, the Maltese Citizenship Act and the Immigration Act respectively. These amendments were intended to:
1. allow Maltese emigrants to hold dual citizenship;
2. grant the same rights to the foreign husband of a citizen of Malta as those already enjoyed by the foreign wife of a citizen of Malta; and
3. ensure that foreigners married to citizens of Malta will continue to enjoy residential and employment privileges on the death of the (Maltese) spouse.
Important changes were effected once again to the above-mentioned legislation when Acts No III and IV of 2000 were enacted on the 31st January 2000 and came into effect on the 10th February 2000. By means of these Acts:
- all detailed citizenship provisions were removed from the Constitution and incorporated in the Maltese Citizenship Act, thus leaving only the main principles in the Constitution;
- dual citizenship, previously an exception restricted to Maltese emigrants, has now been made the rule, that is, a citizen of Malta may hold another citizenship or other citizenships (multiple citizenship);
- foreigners married to citizens of Malta may apply for Maltese citizenship on the strength of their marriage only if they have been married for at least five years;
- children born to Maltese mothers between the 21st September 1964 and the 31st July 1989 shall be entitled to be registered as citizens of Malta.
THE 1989 AMENDMENTS TO CHAPTER III OF THE CONSTITUTION
1. (i) Dual citizenship
Section 27(3) of the Constitution was amended to enable Maltese emigrants to hold dual citizenship. This, of course, was only possible if the country of which they were citizens recognized the dual nationality concept.
If a person fulfilled all the necessary requirements, then he was deemed not to have ceased to be a citizen of Malta when he acquired the citizenship of the country to which he emigrated. By way of an example, if, say, he became a citizen of Canada on the 20th August 1978 (and according to the law as it stood then, he ceased to be a citizen of Malta on that date) he was considered not to have ceased to be a citizen of Malta as from that date.
(ii) Effects of Dual Citizenship on children who were born abroad after their father became a citizen of the country to which he emigrated
Prior to the 1st August 1989 when a child was born abroad to a former male citizen of Malta (that is, a person who was a citizen of Malta and who ceased to be such a citizen after
acquiring the citizenship of the country to which he emigrated) that child did not become a citizen of Malta at birth.
Since, however, the father (as from the 1st August 1989) was reinstated in his previous status of a citizen of Malta with effect from the date when he acquired the foreign nationality, that child has also acquired Maltese citizenship with effect from his/her date of birth as the father is deemed to have been a citizen of Malta at the time of the child's birth.
2. Acquisition of Maltese Citizenship by birth in Malta
Prior to the 1st August 1989 a person who was born in Malta became automatically a citizen of Malta, that is, by mere birth in our country. The Constitution was amended to limit such acquisition. As from the 1st August 1989 a person born in Malta shall become a citizen of Malta only if either one of his parents:
i. is a citizen of Malta; or
ii. was born in Malta, emigrated and is now the citizen of another country.
3. Acquisition of Maltese citizenship by persons born abroad
Prior to the 1st August 1989, a person born abroad acquired Maltese citizenship if at time of birth the father was a citizen of Malta himself born in Malta or who acquired Maltese citizenship by registration or naturalization.
As from the 1st August 1989 a person born abroad shall become a citizen of Malta if either of his parents is a citizen of Malta as explained in the preceding paragraph. That is, from the said date a child born abroad to a female citizen of Malta shall also become a citizen of Malta by descent.
4. Acquisition of Maltese Citizenship through marriage
Prior to the 1st August 1989 a foreign woman married to a citizen of Malta or to a person who became a citizen of Malta was entitled to become a citizen of Malta by registration.
As from the 1st August 1989 such entitlement has been conferred also on the foreign husband of a female citizen of Malta.
Such entitlement, moreover, is applicable also to a widow or a widower of:
i. a person who would have become a citizen of Malta on the 21st September 1964 had that person not died before that date; or
ii. a person who was a citizen of Malta at the time of that person's death.
In each case, however, the Minister responsible for matters relating to Maltese citizenship must be satisfied that the grant of citizenship to such person is not contrary to the public interest.
5. Acquisition of Maltese citizenship by adoption
Prior to the 1st January 1977 a person who was lawfully adopted by citizens of Malta became a citizen of Malta by adoption. As from that date, however, it was no longer possible to acquire Maltese citizenship through adoption.
The Constitution was amended once again to reintroduce acquisition of citizenship by adoption. As from the 1st August 1989 a child will become a citizen of Malta by adoption provided that child is under ten years of age on the date of adoption.
THE 1989 AMENDMENTS TO THE MALTESE CITIZENSHIP ACT (CAP 188)
6. Acquisition of Maltese citizenship by naturalization
Prior to the 1st August 1989 persons who wished to become citizens of Malta could do so if they qualify:
i. to be registered as citizens of Malta after a minimum period of 5 years' residence in Malta in the case of Commonwealth citizens, Irish citizens or British protected persons - Section 3(1) of the Act; or
ii. to be naturalized as citizens of Malta after a minimum period of 6 years' residence in Malta in the case of aliens, (that is, not being persons referred to in (i) above) - Section 6 of the Act.
As from the 1st August 1989 any person may be naturalized as a citizen of Malta if that person has resided in Malta for at least five years.
7. Naturalization as citizens of Malta of persons who can prove descent from a person born in Malta and who are citizens of a country the access to which is, in their case, restricted
A new provision of the Act - Section 3(4) - makes it possible for a number of persons, the majority of whom reside abroad, to apply for Maltese citizenship if:
i. they are citizens of a country other than the country in which they are residing; and
ii. their access to the country of which they are citizens is restricted; and
iii. they can prove descent from a person born in Malta.
The Minister responsible for matters relating to Maltese citizenship, however, must be satisfied that the grant of citizenship to such persons is not contrary to the public interest.
THE YEAR 2000 AMENDMENTS TO THE CITIZENSHIP LEGISLATION
1. Amendments to Chapter III of the Constitution
Chapter III of the Constitution has been amended by Act No III of 2000 so that only the general principles concerning Maltese citizenship are to appear therein. All detailed provisions on citizenship have been incorporated in the Maltese Citizenship Act (Cap. 188).
Section 22 of the Constitution has been substituted by the following:
“22. (1) The acquisition, possession, renunciation and loss of Maltese citizenship shall be regulated by law.
(2) Dual or multiple citizenship is permitted in accordance with any law for the time being in force in Malta.”
Sections 23, 24, 25, 26, 27, 30 and 31 of the Constitution have been repealed.
Sections 28 and 29 have been renumbered as sections 23 and 24 respectively.
2. Amendments to the Maltese Citizenship Act (Cap. 188)
Dual or multiple citizenship
Act No IV of 2000 has introduced amendments to the Maltese Citizenship Act to give effect to new provisions governing dual or multiple citizenship:
Section 7 introduces the new cardinal principle:
It shall be lawful for any person to be a citizen of Malta, and at the same time a citizen of another country.
This means that if a citizen of Malta acquires another citizenship on or after the 10th February 2000 - the date when all provisions of the new law came into effect - that person may hold such other citizenship together with his Maltese citizenship.
It means also that a minor who is a citizen of Malta and possesses also a foreign citizenship as well as persons who on the 10th February 2000 were over 18 years of age but had not yet attained their 19th birthday and were in possession of two citizenships, for example Maltese which they acquired by descent and another citizenship which they acquired by birth in a foreign country, may hold both citizenships indefinitely.
Section 9 of the Act stipulates that a person, born in Malta or abroad, who was a citizen of Malta by birth or by descent and who resided outside Malta for an aggregate period of at least six years and who acquired or retained the citizenship of another country shall be deemed not to have ever ceased to be a citizen of Malta.
This means, for example, that the children born abroad to Maltese emigrants, who on the 10th February 2000 were over 19 years of age and who have always resided in their country of birth, shall automatically re-acquire Maltese citizenship (that is, they do not have to do anything for such re-acquisition but shall re-acquire Maltese citizenship by an involuntary act).
Section 8 of the Act stipulates that a person who, before the 10th February 2000, had ceased to be a citizen of Malta because he lost Maltese citizenship on acquiring a foreign citizenship or because he failed to renounce a foreign citizenship within the time prescribed by law, shall be entitled to re-acquire Maltese citizenship by registration.
This means, in effect, that those former citizens of Malta who had acquired Maltese citizenship on the 21st September 1964 or at birth but who have not resided abroad for at least six years and those persons who were citizens of Malta by registration or naturalisation and lost their citizenship, are now entitled to be registered as citizens of Malta. That is, these persons, without having to satisfy any residence conditions and irrespective of where they are now residing (whether in Malta or abroad), may submit an application to be registered as citizens of Malta.
It should be noted, however, that in the case of former citizens of Malta who had acquired Maltese citizenship by registration or naturalisation, Maltese citizenship shall be granted only if the Minister responsible for citizenship matters is satisfied that such grant is not contrary to the public interest.
In all those cases where a foreign national has to apply to acquire Maltese citizenship (that is, where citizenship is being acquired by a voluntary act) it is important that the person concerned verifies whether under his/her country’s citizenship legislation, he/she might lose the citizenship of that country because of the said voluntary act.
3. Acquisition of Maltese Citizenship through marriage
Prior to the 10th February 2000 the foreign spouse of a citizen of Malta could apply for registration as a citizen of Malta immediately after marriage. This is no longer the case. As from the said date the foreign spouse can apply for Maltese citizenship only if he/she has been married to a citizen of Malta for at least five (5) years and they are still be living together at the time when an application for citizenship is made (Sections 4 and 6 of the Act).
In the case of a foreign person whose Maltese spouse died before the fifth year of marriage, such person would also be entitled to apply for Maltese citizenship when five years would have elapsed from the date of marriage and as long as the said foreign spouse was still living with the Maltese spouse at the time of his/her demise.
The law has been amended to make it possible for those foreigners who are separated de jure or de facto from their Maltese spouse to also be entitled to be registered as citizens of Malta as long as the separation occurred after the fifth year of marriage and the couple had lived together during the said period of five years.
4. Acquisition of Maltese Citizenship by children whose mother was a citizen of Malta at the time of their birth
Citizenship used to be transmitted to the children only by their father. In line with the evolution of the citizenship laws in other countries, Malta introduced the transmission of Maltese citizenship by the mother as from 1st August 1989 and since then all those children who were born abroad to a mother who was a citizen of Malta, acquired automatically Maltese citizenship.
The law has now been further amended to give the opportunity to all those persons who were born on or after the 21st September 1964 and before the 1st August 1989 to acquire Maltese citizenship by registration. These persons, irrespective of whether they reside in Malta or abroad, and without having to satisfy any residence conditions, can apply for registration as citizens of Malta and may then retain such citizenship together with the citizenship they now hold.
In all those cases where a foreign national has to apply to acquire Maltese citizenship (that is, where citizenship is being acquired by a voluntary act) it is important that the person concerned verifies whether under his/her country’s citizenship legislation, he/she might lose the citizenship of that country because of the said voluntary act.
5. A new-born infant found abandoned in Malta shall be deemed to be a citizen of Malta.
As the law stood prior to the recent amendments, a new-born infant found abandoned in Malta was deemed to have been born in Malta. However, he could not then become a citizen of Malta as, for obvious reasons, it was not known whether at least one of his parents was a citizen of Malta, a requisite for a child born in Malta to acquire Maltese citizenship at birth. Therefore, that child was stateless.
The law has now been amended to the effect that the said child shall now be deemed to be a citizen of Malta until his right to any other citizenship is established.
GENERAL REMARKS
- It shall be lawful for any person to be a citizen of Malta, and at the same time a citizen of another country.
- Maltese laws do not make any distinction between males and females for the acquisition, changing or retention of nationality.
- Any person, male or female, who acquires Maltese citizenship does not have to renounce any other citizenship he or she holds.
- The foreign spouse of a citizen of Malta enjoys the right to remain and to work in Malta (on the strength of marriage). The said spouse may also acquire Maltese citizenship subsequent to the marriage but shall be entitled to do so only after 5 years of marriage and as long as he/she would still be living with the Maltese spouse.
- In the case of a mixed marriage the children can acquire the citizenship of both parents.
- Any person may apply for naturalization as a citizen of Malta after having resided in Malta for at least five (5) years.
- Under the present citizenship guidelines:
a. All applications for citizenship from:
i. former citizens of Malta,
ii. children of returned migrants or of Maltese parents living in Malta,
iii. children born to persons who were non-Maltese but who later acquired Maltese citizenship,
iv. persons born abroad but of Maltese descent,
are to be given favorable consideration.
b. Applications from persons who do not fall under one of the categories listed above will only be given favourable consideration if there are humanitarian aspects involved.
2. International agreements in force
None.
3. Recent legislative developments
See: The year 2000 amendments to the Citizenship Laws under the heading: main principles and provisions
4. Draft legislation and new trends
None
5. Recent judicial decisions
None
6. Recent publications
None
7. Any other information
In 1990 a booklet was published entitled: “Amendments to the citizenship and immigration laws” which contains explanations on the legislation which came into force as from the 1st August 1989. A similar booklet has been prepared as regards the year 2000 amendments which came into effect on the 10th February 2000.
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe)
Ministry for Home Affairs
Department for Citizenship and Expatriate Affairs
3 Castille Place
Valletta CMR 02
Malta
Tel. +356 250868 or 25 05 69 / 70 / 71 / 72 / 73
Fax: +356 23 75 13
e-mail: [email protected]
|
MOLDOVA (updated on 24.05.2004) |
- Legislative provisions concerning nationality
a. Texts in force
3.1 Constitution of the Republic of Moldova (29 July 1994), Articles 17, 18 and 19
3.2 Law on citizenship of the Republic of Moldova (June 2000)
b. Main principles and provisions
Principles contained in the Constitution
· Citizenship of the Republic of Moldova is acquired, retained, or lost only under the conditions provided by the organic law.
· No one may be deprived arbitrarily of his/her citizenship or the right to change it.
· No citizens of the Republic of Moldova can be extradited or expelled from his/her country.
· Foreign citizens and stateless persons may be extradited only in compliance with an international agreement, under conditions of reciprocity or in consequence of a decision of a court of law.
· The citizens of the Republic of Moldova shall enjoy the protection of their state both at home and abroad.
Legal provisions
· citizens of the Republic of Moldova shall be equal before the Law and public authorities and shall equally enjoy the social, economic and political rights and the freedoms proclaimed and guaranteed by the Constitution and other law and by international agreement to which Moldova is a party;
· citizens of the Republic of Moldova alone shall have the right to elect and to be elected, to hold positions involving the exercise of public authority and the right to participate in referendums, as stipulated by the Law;
· the rules on citizenship of the Republic of Moldova shall be based on the following principles:
a) everyone’s right to a citizenship;
b) non-discrimination of citizens, irrespective of the grounds for the acquisition of citizenship;
c) inadmissibility to arbitrarily deprive a person of his/her citizenship and the right to change citizenship;
d) avoidance of statelessness;
e) the change of the citizenship of a spouse shall produce no effects on the citizenship of the other spouse or the citizenship of a child, if there is no written request of the parents to change the child’s citizenship.
Acquisition of citizenship of the Republic of Moldova
Citizenship of the Republic of Moldova shall be acquired by:
a) birth
b) recognition;
c) adoption;
d) recovery;
e) naturalization;
f) on the basis of the international agreements.
Loss of citizenship
Citizenship of the Republic of Moldova can be lost:
a) by renunciation;
b) by deprivation;
c) on grounds deriving from international agreements
Multiple citizenship
The Republic of Moldova shall allow multiple citizenship to:
a) children who acquired automatically at birth the citizenship of the Republic of Moldova and the citizenship of another state;
b) its citizens who possess simultaneously the citizenship of another state when the other citizenship is automatically acquired by marriage;
c) children, citizens of the Republic of Moldova, who acquired the citizenship of another state by adoption;
d) if this results from provision of the international agreement;
e) if the renunciation or loss of the citizenship of another state is not possible or cannot reasonably be requested.
The person, who previously possessed the citizenship of the Republic of Moldova, can recover it upon request while keeping, if he or she so wishes, the foreign citizenship. Acquisition by the citizen of the Republic of Moldova of the citizenship of another state does not lead to the loss of the citizenship of the Republic of Moldova. In the cases of acquisition the citizenship of the Republic of Moldova under recognition the individuals may keep foreign citizenship.
Foreigners and stateless persons
Legislative provisions
3.3 Law on the legal status of Aliens and Stateless Persons in the Republic of Moldova (10 November 1994)
Foreigners and stateless persons must respect the Constitution and other laws of the Republic of Moldova whilst on Moldavian territory. Except in cases where the law has different rulings, foreigners and stateless persons shall enjoy the same rights and shall have the same duties as the citizens of the Republic of Moldova.
They have the status of foreigner citizen or stateless persons while on the territory of the Republic. Their rights and freedom are guaranteed, including the right to bring a case before a court or other organs of the state in order to defend their legitimate rights.
- International agreements in force
3.4 International Covenant on civil and political rights, 1966;
3.5 International Covenant on economic, social and cultural rights, 1966;
3.6 International Convention on the elimination of all forms of racial discrimination, 1965;
3.7 Convention on the rights of the child, 1989;
3.8 European Convention on nationality, 1997 (ratified on 14 October 1999; Instruments of ratification had been deposited on 30 November 1999; came into force on 1 March 2000).
- Recent legislative developments (from 1.1.1991)
3.9 Law amending the Constitution (no.1469-XV of 21st November 2002)
3.10 Law amending the Law on citizenship (no.262-XV, 15 June 2001, no.417-XV, 26 July 2001, no.551-XV, 18 October 2001, n°232-XV, 5 June 2003).
- Draft legislation and new trends
None
- Recent judicial decisions
None
- Recent publications
None
- Any other information
None
· Enquiry’s concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe):
Presidential Commission on citizenship problems and granting political asylum
154, Stefan cel Mare
MD-2073 CHISINAU
MOLDOVA
Tel.: +373-2-23 42 17 or +373-2-50 42 19
Fax: +373-2-24-55-26
E-mail: [email protected]
|
NETHERLANDS (updated on 12.11.2003) |
1. Legislative provisions concerning nationality
a. Texts in force
"Kingdom Nationality Act of 21 December 2000", known as the Netherlands Nationality Act (in force since 1 April 2003).
b. Main principles and provisions
Principles
- equality of men and women (father and mother);
- Netherlands nationality may not be acquired or lost retroactively;
- Netherlands nationality may not be lost on any ground whatsoever if this would lead to statelessness;
- naturalisation is a right if certain conditions are met;
- a minor shall not loose Netherlands nationality if and for as long one parent possesses Netherlands nationality;
- marriage does not affect nationality.
Arrangement of sections
- acquisition by descent (ius sanguinis): art. 3,1;
- foundlings: art. 3.2;
- ius soli: art. 3,3 (third generation)
- acquisition by recognition: art. 4.1;
- acquisition by legitimation: art. 4.2;
- acquisition by adoption: art. 5;
- acquisition by option: art. 6;
- acquisition by naturalisation: art. 8 - 13;
- loss of nationality:
- by persons of full age: art. 15;
- by minors: art. 16;
- establishing of nationality: art. 17 - 20.
2. International agreements in force
- Convention with Surinam to allocate citizens, 1975;
- Convention with Indonesia to allocate citizens, 1949;
- Convention of Strasbourg 1963 with Protocols;
- Convention of The Hague 12-4-1930 with Protocol on military obligations and Protocol of statelessness;
- Convention relating to the status of stateless persons, New York 1954;
- Convention concernant l'échange d'information en matière d'acquisition de nationalité, Paris 1964;
- Convention tendant à réduire le nombre des cas d'apatridie, Berne 1973.
- Agreement with Belgium 9.6.1954 on military obligations of dual citizens;
- Agreement with Italy 24.1.1961 on military obligations of dual citizens;
- Agreement with Argentina 19.1.1989 on military obligations of dual citizens;
- Vienna Convention on Diplomatic Relations, with two Protocols (Vienna 18.4.1961);
- International Convention on the Elimination of All Forms of Racial Discrimination (New York 7.3.1966)
- European Convention on Nationality, Strasbourg 1997.
3. Recent legislative developments
On December 19, 2000 the Dutch Parliament accepted several amendments on the Netherlands Nationality Act. These amendments will probably enter into force in about the middle of 2002. The Netherlands Nationality Act will be amended in the following way:
· the provision that an applicant for naturalisation in principle has to give up his or her nationality of origin, will be abrogated if certain conditions are met. This is the case if it concerns:
· an applicant who is a national of the State that is party to the Second Protocol concluded on 2 February 1993 in Strasbourg concerning the amendment to the Convention of Strasbourg 1963; or
· an applicant who was born in the Netherlands, the Netherlands Antilles or Aruba and who has his or her principal place of residence there at the time of the application; or
· an applicant who had his or her principal place of residence in the Netherlands, the Netherlands Antilles or Aruba for a continuous period of five years before turning eighteen;or
· an applicant who is married to a Netherlands national; or
· an applicant who is acknowledged as a refugee in the Netherlands, the Netherlands Antilles or Aruba;
· the provisions that a citizen loses Netherlands nationality if he or she actively applies for another citizenship and obtains it, will be abrogated if certain conditions are met. This is the case if the acquirer not acquires the nationality of a Contracting State to the Convention of Strasbourg 1963 and:
1. was born in the country of that other nationality and has his or her principal place of residence there at the time of the acquisition; or
2. before coming of age has had his or her principal place of residence in the country of that other nationality for a continuous period of at least five years; or
3. is married to a person possessing that other nationality;
· an applicant for naturalisation in principle not only needs to have oral command of the Dutch language, but also needs to be able to read and write the Dutch language;
· no longer shall a minor acquire Netherlands nationality merely as a result of recognition or legitimation by a Dutch father but the child may acquire citizenship by option after it has been raised and cared for during a continuous period of at least three years by the Netherlands national by whom he or she is recognized or whose child he or she has become by legitimation (this in the framework of the fight against fraudulent acts in the field of family law);
· if the acquisition of the Netherlands nationality is based on a false declaration made by the person concerned or fraud and/or on concealment of any fact relevant to the acquisition, the acquisition can be revoked by the Minister of Justice. The revocation has retroactive effect to the time of the acquisition or grant of Netherlands nationality. The revocation is not possible following the expiration of a period of twelve years since the decree granting Netherlands nationality (this period does not apply to a person who is convicted for criminal offences referred to in the Criminal Law in Wartime Act (Wet Oorlogsstrafrecht), the Torture Convention Implementation Act (Uitvoeringswet folteringsverdrag) and the Genocide Convention Implementation Act (Uitvoeringswet genocideverdrag));.
· enlargement of the possibilities to acquire citizenship through option (for example for former citizens and foreigners who have lived in the Kingdom for more than 15 years);
· some "technical" amendments.
On the first of February 2001 an transitory provision for former Dutch nationals already entered into force. Former Dutch nationals who have lost their Netherlands nationality by living abroad in the country of birth, and to whom a declaration regarding the possession of Netherlands nationality and/or a travel document within the meaning of the Passport Act was issued, shall be deemed to not have lost Netherlands nationality.
4. Draft legislation and new trends
None
5. Recent judicial decisions
See "Nationaliteitswetgeving" (Nationality-legislation) by F.Th. Zilverentant and others, in Dutch, loose-bladed, part 1.
6. Recent publications
See "Nationaliteitswetgeving" (Nationality-legislation) by F.Th. Zilverentant and others, in Dutch, loose-bladed, part 6.
7. Any other information
Documentation
- "Internationales Ehe- und Kindschaftsrecht", by Bergmann/Ferid; loose-bladed, in German, contains in principle legislation concerning persons- and family-law and nationality-law of all countries of the world;
- "Nationaliteitswetgeving" (Nationality-legislation) by F.Th. Zilverentant and others, in Dutch, loosebladed, contains in principle nationality-legislation of all countries of the world;
- Nationality and International Law in Asian Perspective" by Prof.Dr. Ko Swan Sik, 1990, in English, concerns Bangladesh, China, India, Indonesia, Japan, Korea, Malaysia, Philippines, Singapore, Thailand.
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained by the Council of Europe)
Ministry
Ministry of Justice
P.O. Box 20301
NL-2500 EH The Hague
Tel. 31 70 370 69 01 and 370 78 58
Fax 31 70 370 70 84
|
NORWAY (updated on 28.05.2004) |
1. Legislative provisions concerning nationality
a. Texts in force
- The Norwegian Nationality Act 08.12.1950
- Circular G-28/99 11 March 1999, and some minor circulars
b. Main principles and provisions
Norwegian citizenship is acquired:
3.1 by birth
3.2 by marriage of the parents
3.3 by adoption
3.4 by declaration
3.5 by naturalisation
Norwegian citizenship is lost:
a. by acquiring another nationality by naturalisation or declaration or when acquiring another nationality by taking up a position with the public authorities of another country
4. on reaching the age of 22 by a person who was born abroad and who has never been domiciled in Norway or stayed in the country under circumstances that indicate a link with Norway. The loss of nationality will not occur if the person becomes stateless.
5. a Norwegian citizen living outside Norway can be released from Norwegian citizenship on application, on condition that he or she acquires another citizenship.
The Norwegian Nationality Act is based on the principle of avoiding multiple nationality.
c. Multiple nationality
Multiple nationality is accepted when it occurs by birth, by adoption, or when an applicant is unable to renounce his/her former nationality or practical problems arise in connection with the renunciation. Multiple nationality can also occur when Norwegian nationality is obtained by declaration.
2. International agreements in force
1. A treaty between Norway/Sweden and Argentina concerning among other things recovery and automatic loss of nationality - 17 July 1885
1. Hague Convention on certain questions relating to the conflict of nationality laws, 1930
2. Convention relating to the Status of Refugees – 28 July 1951
3. U.N. Convention on the Nationality of Married Women, 20 February 1957
4. U.N.Convention on the Reduction of Statelessness – 30 August 1961
5. European Convention on the Reduction of Cases of Multiple Nationality and on Military Obligations in Cases of Multiple Nationality – 6 May 1963
6. European Convention on the Adoption of Children – 24 April 1967
7. UN Convention on the Rights of the Child – 20 November 1989
8. Hague Convention on Protection of Children and Co-operation in respect of Intercountry Adoption – 29 May 1993
9. Nordic Agreement: Implementation of Certain Regulations on Citizenship – 14 January 2002
3. Recent legislative developments
A law amendment has introduced the possibility to charge fees for applications for naturalisation.
· Draft legislation and new trends
A proposal to introduce a language claim in the Nationality Act has been forwarded to the Parliament.
The ministry is working on a totally new Nationality Act. According to our schedule, the draft will be forwarded to the parliament this autumn. The language claim in the present Nationality Act will be entirely informative, as it will not take effect before the Act is replaced by the new Nationality Act.
· Recent judicial decisions
None.
· Recent publication
None
· Any other information
None
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe)
The Royal Ministry of Local Government and Regional Development
Department of Migration
PO Box 8112 Dep
N-0032 Oslo
Norway
E-mail: [email protected]
|
POLAND (updated on 17.09.2004) |
1. Legislative provisions concerning nationality
a. Texts in force
- Act on citizenship of 15 February 1962 (Journal of Laws/Dziennik Ustaw of 2000, No. 28, item 323 with amendments). English translation available.
Also still applicable in certain cases:
- Act on citzenship of 20 January 1920 of the Polish State (publ. Journal of Laws/Dziennik Ustaw, No. 7, item 44).
- Act on Polish citizenship of 8 January 1951 (publ. Journal of Laws/Dziennik Ustaw, No. 4, item 25).
b. Main principles and provisions
1. Continuity of Polish citizenship
Under act 1 of 1962 persons having Polish citizenship under the previous regulations were Polish citizens on the day the law came into force (i.e. 22 August 2 1962).
Thus stating the previous regulations under which the acquisition or loss occurred are conclusive.
2. Exclusivity of Polish citizenship
A person who is a Polish citizen under Polish law cannot be recognized as a citizen of another state at the same time .
3. Equal citizenship rights for both husband and wife
The conclusion of marriage by a Polish citizen with a person who is not a Polish citizen does not produce any change in citizenship of either husband or wife and change of citizenship of one of them does not induce the change of citizenship of the other.
4. Ius sanguinis
Since 1920, there has existed under Polish law the principle of legally acquiring Polish citizenship by virtue of having been born of parents who are Polish citizens (the right of blood).
In that connection, a child born of persons or a person holding Polish citizenship acquires this citizenship regardless of the country in which it was born. Polish law allows the possibility for parents to choose foreign citizenship for their child in the event that one of them is a Polish citizen and the other the citizen of another state. Parents may then choose foreign citizenship within three months of the child’s birth.
5. Ius soli
The regulations of Polish law additionally allow the possibility of acquiring Polish citizenship on the basis of the right of land. That, however, applies exclusively to children born or found in Poland, when both their parents are unknown, their citizenship is undetermined or they lack citizenship altogether.
6. Acquiring Polish citizenship by administrative decision
In addition to the above-mentioned ways of acquiring Polish citizenship based on the force of law, the Polish citizenship act also regulates other ways of acquiring citizenship on the strength of decisions by administrative organs. The granting of citizenship by the President of the Republic of Poland is the basic way of acquiring it. Stateless individuals and the spouses of Polish citizens living in Poland on the basis of residence permits may apply for Polish citizenship by administrative decision.
The voivod (provincial governor) is the administrative organ authorised to establish whether a given individual has acquired and holds Polish citizenship, has forfeited it or has never held it. Through an administrative decision, this organ certifies that someone holds Polish citizenship or declines to certify someone’s Polish citizenship following proceedings that take into account the principle of continuity of Polish citizenship.
Further and more detailed information is contained in an English summary of the 1962 Act available at the Documentation Centre on Nationality.
2. International agreements in force
- Hague Convention of 12 April 1930 on certain questions relating to the conflict of nationality laws and the Protocol relating to a certain case of statelessness (ratified by Poland 5.03.1934).
- Convention on citizenship of married women of 20 February 1957 done at New York (ratified by Poland 20.05.1957).
3. Recent legislative developments
After the Second World War, Poland concluded a number of conventions to avoid dual citizenship (with the USSR, GDR [East Germany], Czechoslovakia, Hungary, Bulgaria and Mongolia). On the basis of those conventions, individuals holding dual citizenship were obliged to choose the citizenship they wished to retain within a specified period of time. If they failed to do so, they forfeited one of their citizenships. At present, those conventions are no longer binding.
Following the promulgation in 1997 of the Constitution of the Republic of Poland, the citizenship act was amended in 1998 in order to adjust its provisions thereon.
Up until the end of 1998, a Polish citizenship could be stripped of his Polish citizenship against his will. Upon his application, he could also receive permission to change his Polish citizenship for foreign citizenship. Receiving such permission and the acquisition of foreign citizenship brought about the loss of Polish citizenship. From 1 January 1999, a Polish citizen may lose his citizenship only if he renounces it himself and receives permission to do so from the President of the Republic of Poland. This is the President’s constitutional prerogative.
4. Draft legislation and new trends
Recently work on a new Polish citizenship act has got under way. The new legislation must take into account the political changes that have taken place in the state as well as European citizenship standards, particularly the basic principles contained in the Council of Europe’s 1997 European Convention on Citizenship, which Poland has signed and intends to ratify. In particular, it is necessary to expand the possibility of foreigners residing on the territory of the Republic of Poland to acquire Polish citizenship by administrative means. The question of restoring the Polish citizenship of individuals who had once held it but lost it, often against their will and at times without their knowledge, needs to be regulated. The new act should regulate the citizenship-restoration procedure on the application of the interested party in the simplest way possible.
5. Recent judicial decisions
None.
6. Recent publications
None.
7. Any other information
In accordance with the repatriation act of 9 November 2000, Polish citizenship may also be acquired through repatriation. Individuals of Polish extraction residing in the Asiatic part of the former Soviet Union may apply for Polish citizenship in that way. These are primarily individuals and their descendants who had been victims of nationality-based reprisals in the Soviet Union and were unable to resettle in Poland before the collapse of the USSR. Repatriates acquire Polish citizenship with the force of law upon crossing the Polish border.
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe)
Ministry
Ministry of Internal Affairs
Office for Repatriation and Aliens
Department for Repatriation and Citizenship
ul. Pawinskiego 17/21
02-106 WARSAW
Tel. 48.22.628.23.30
Fax 48.22.849.78.07
e-mail: [email protected]
|
PORTUGAL (updated on 17.06.2001) |
1. Legislative provisions concerning nationality
a. Legislation in force
- Legislative Decree No. 322/82 of 12 August 1982 - Nationality Regulations, amended by Legislative Decree No. 253/94 of 20 October and Legislative Decree No. 37/97 of 31 January
b) Main principles and provisions
- Act No. 37/81 of 3 October 1981, which conferred full legal force upon Portuguese nationality law, came into force on 8 October and was given practical effect by Legislative Decree No. 322/82 of 12 August 1982.
- The Act conforms to constitutional principles as regards equal rights as between spouses and between parents, non-discrimination in matters of descent and also as regards jurisdiction over nationality-related issues.
- The primacy of "jus soli" is replaced by that of "jus sanguinis" (Article 1, No. 1, a).
However, the principle of "jus sanguinis" is not absolute: in the case of children born abroad to a Portuguese mother or father, an application for Portuguese nationality has to be submitted. This requirement does not apply to children of Portuguese civil servants working abroad (Article 1, No. 1, b)).
In spite of the primacy of "jus sanguinis", the law has established a mixed system: "jus soli" for children born in Portugal to Portuguese parents (Article 1, No. 1, a)) and for children born in Portugal to foreign parents who have been resident in Portugal for at least six years (Article 1, No. 1, c)), in case of nationals of countries whose official language is Portuguese or, in other cases, at least ten years.
- Acquisition of Portuguese nationality on the grounds of marriage with a Portuguese national is not automatic. It may be conferred following an appropriate application by the foreign spouse (Article 3) made during the marriage, after a period of three years of marriage.
On the other hand, in the case of plenary adoption (the only form of adoption taken into consideration for nationality issues), Portuguese nationality is acquired "ipso jure" (Article 5).
- Moreover, under the law the loss of Portuguese nationality depends in all cases on explicit renunciation by the individual concerned, which effectively means that multiple nationality is accepted (Article 8).
- The law lays down a "closed", compulsory central registration system for all changes of nationality. Proof of such changes is established on the basis of the relevant official documents (Articles 16-22).
- The Lisbon Court of Appeal is competent to rule in first instance on nationality cases (Articles 25-26). The aim is to ensure uniform decision-making on nationality cases.
- The Act consists of three main parts:
a. the conferment, acquisition and loss of nationality;
b. registration, proof and disputes;
c. conflicts of nationality laws.
Conferment (original nationality)
1. According to Article 1 of Act No. 37/81, the following categories are of Portuguese origin:
a. Children with one Portuguese parent who are born in Portugal or in areas under Portuguese administration, or abroad if the Portuguese parent is employed on behalf of the Portuguese state;
b. Children with one Portuguese parent who are born abroad on condition that they express the wish to be Portuguese citizens or have the birth registered with the Portuguese registrar;
c. Children born in Portugal of foreign parents whose normal place of residence has been in Portugal for at least six years if they are nationals of a country whose official language is Portuguese or, in other cases for a period of at least ten years, and who are not civil servants of a foreign country, in condition that they make a declaration desiring to acquire the Portuguese nationality.
d. Children born in Portugal who do not possess another nationality.
2. New-born infants found abandoned in Portugal or areas under Portuguese administration are considered as having been born in these areas unless proof exists to the contrary.
Acquisition
- By declaration (Article 2):
Minors or persons who are incapacitated with one parent who acquires Portuguese nationality may themselves acquire it by declaration.
- By marriage (Article 3):
Foreigners who marry a Portuguese national and who are married for a period of three years, can acquire Portuguese nationality by making a declaration to this effect to the registrar.
- By persons who lost their nationality during incapacitation (Article 4):
Individuals who lost their Portuguese nationality as a result of a declaration made while they were incapacitated can have their Portuguese nationality reinstated by declaration when they are no longer incapacitated.
- By adoption (Article 5)
Only plenary adoption is accepted: individuals adopted on this basis by a Portuguese national acquire Portuguese nationality "ipso jure".
- Right of objection
In cases of acquisition by declaration or adoption, the Public Prosecutor's Office has the right to object on a certain number of grounds.
- By naturalisation (Articles 6-7)
1. The government may confer Portuguese nationality on foreigners who meet the following conditions:
a. be an adult or emancipated minor under Portuguese law;
b. have legally resided in Portugal or an area under Portuguese administration for at least six years in case of a national of a country which official language is Portuguese or, in other cases at least ten years;
c. have an adequate knowledge of Portuguese;
d. prove the existence of a genuine link with the national community;
e. show civic aptitude;
f. be able to provide for themselves.
2. Individuals who previously held Portuguese nationality, are reputed to be of Portuguese descent or are members of Portuguese communities abroad, and foreigners who have carried out important work for the Portuguese State or will be requested to do so in future may be dispensed from the conditions defined in paragraphs (b) to (d) above.
- Loss of nationality (Article 8):
Individuals who have another nationality may renounce their Portuguese nationality by making a declaration to this effect.
- Registration (Articles 16-20)
The declarations determining the conferment, acquisition or loss of Portuguese nationality must be registered with the central office responsible for nationality (Conservatória dos Registos Centrais) in Lisbon.
Nationality declarations are made by the individuals themselves, assuming that they are able to do so, or by their legal representatives, at the Conservatória dos Registos Centrais in Lisbon, either direct or via the registrars or the Portuguese consulate in the country of residence (Article 47 and subsequent articles of the Regulations).
- Conflicts of laws (Article 27)
In cases of multiple nationality (one of which is Portuguese), Portuguese nationality alone shall be taken into consideration where Portuguese law is concerned.
- Establishment of descent
Descent can only be taken into consideration for purposes of nationality when established prior to adulthood (Article 14).
2. International agreements in force
- European Convention on Nationality, signed in Strasbourg on 26 November 1997, ratified by Presidential Decree No. 7/2000 of 6 March
- International Commission on Civil Status Convention No. 8 on the exchange of information concerning the acquisition of nationality, signed in Paris on 10 September 1964
- Legal and judicial co-operation agreement between Portugal and Mozambique on the exchange of information concerning the granting and acquisition of nationality, signed in Lisbon on 12 April 1990
- Judicial co-operation agreement between Portugal and São Tomé and Príncipe on the exchange of information concerning the granting and acquisition of nationality, signed on 23 March 1976
- Judicial co-operation agreement between Portugal and Cape Verde on the exchange of information concerning the granting and acquisition of nationality, signed on 16 February 1976
- Judicial co-operation agreement between Portugal and Guinea-Bissau on the exchange of information concerning the granting and acquisition of nationality, signed on 5 July 1988
3. Recent legislative developments
Legislative Decree No. 253/94 of 20 October adapted the Nationality Regulations to take account of the changes introduced by Act No. 25/94 on the Nationality Act, in particular with regard to the evidence of an actual link with the national community to be adduced by the person concerned.
It also established more flexible rules on retention of original names by foreigners acquiring Portuguese nationality.
Legislative Decree No. 37/97 of 31 January also made a number of amendments to the Nationality Regulations, facilitating and permitting the computerisation of issuance of nationality certificates.
4. Draft legislation and new trends
None
5. Recent judicial decisions
Following the entry into force of the amendments to the Nationality Act introduced by Law No. 25/94 of 19 August, the Court of Cassation in Lisbon established a precedent with its decision of 17 February 1998 holding that, with regard to acquisition of nationality by marriage, it was for the foreign applicant to furnish evidence of an actual link with the Portuguese community, since lack of such evidence was a reason for exercising the right to object to acquisition, asserted through the Public Prosecutor’s Office.
6. Recent publications
None
7. Any other information
The questions of greatest concern in the field of nationality relate to decolonisation and cases of fraud with the objective of acquiring Portuguese nationality (forgery of documents, illegal assumption of identities).
Following the amendments to the Nationality Act, which now requires a minimum three-year period of marriage as a condition for acquisition of Portuguese nationality by a foreigner married to a Portuguese national, the problem of “marriages of convenience” has diminished. The same Act specified that it is for foreign applicants to adduce evidence of the existence of a link with the national community. Where they fail to furnish such evidence, the Public Prosecutor’s Office may object to the acquisition of nationality.
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe)
Ministério da Justiça
Gabinete para as Relações Internacionais, Europeias e de Cooperação
Av. Óscar Monteiro Torres, 39-2.°
1049- 037 Lisboa
Tel: 00 351 217935535
Fax: 00 351 217965525
E-mail: [email protected]
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ROMANIA (updated on 13.07.2004) |
1. Legislative provisions concerning citizenship
a. Texts in force
Acquisition and loss of Romanian citizenship are governed by Law No. 21 of 1 March 1991.
Following its adoption the law was subject to amendments and additions, which primarily concerned the procedure for acquiring and renouncing Romanian citizenship.
b. Main principles and provisions
The main provisions refer to:
- the definition of the term “citizenship”
- the ways of obtaining the Romanian Citizenship (as the effect of birth, adoption or by request) – the procedure of granting the citizenship;
- the proof of the citizenship;
- the ways of loosing citizenship;
- the legal procedure of withdrawal of the citizenship and the approval of giving up at the Romanian citizenship.
The problem of multiple nationality is regulated by the provisions of article 6 – which refers to the granting of the Romanian citizenship to a child of foreign nationality not aged 18, adopted by one or two adopters, Romanian as well as citizens, by the provisions of article 8 – on granting the Romanian citizenship according to the law, to a foreign citizen, based on his/her request, and by the provisions of article 10 – the case of granting the Romanian citizenship to the individual who previously had this citizenship and files in a request for granting the Romanian citizenship while also keeping the other citizenship (this particular regulation was introduced by the law no. 192/1999).
3. Acquisition of Romanian citizenship
Romanian citizenship can be acquired by:
3.8 birth;
3.9 adoption;
3.10 naturalisation on request.
Acquisition of Romanian citizenship by birth
Children born to Romanian parents in Romanian territory are Romanian citizens.
Romanian citizenship is also conferred on persons:
born in Romanian territory, even where only one of the parents is a Romanian citizen;
born abroad, where both parents, or only one, have Romanian citizenship.
Acquisition of citizenship by adoption
Romanian citizenship is conferred on a foreign or stateless child adopted by Romanian citizens, provided that the child is under 18 years of age.
If an under-age child is adopted by only one person, who is a Romanian citizen, the child acquires Romanian citizenship.
Naturalisation
Romanian citizenship may be granted on request to a stateless person or a person who is a foreign national, where the following conditions are fulfilled:
· the applicant was born in Romania and is living there on the date of the request or, although not born in Romania, the applicant has been living there lawfully for at least 8 years or is married to a Romanian citizen and has lived with him or her for at least 5 years since the date of the marriage;
· the applicant's conduct, deeds and attitude show his or her loyalty towards the Romanian state, and he or she does not undertake or support activities counter to the law or to national security and declares that he or she has not done so in the past;
· the applicant has reached 18 years of age;
· the applicant has legal means of subsistence in Romania, enabling him or her to live under decent conditions in accordance with the requirements of immigration legislation;
· the applicant is acknowledged to be of good conduct and has not been convicted, either in Romania or abroad, of an offence making him or her unworthy of Romanian citizenship;
· the applicant knows the Romanian language and has basic notions of Romanian culture and civilisation, sufficient for his or her integration in society;
· the applicant knows the provisions of the Romanian Constitution and the national anthem.
The time-limits stipulated in paragraph 1 a) may be halved where the applicant is an internationally recognised public figure and has invested sums in excess of € 500,000 in Romania.
4. Loss of Romanian citizenship
Romanian citizenship can be lost by:
4.8 withdrawal;
4.9 duly accepted renunciation;
4.10 and in other cases provided for by law.
Withdrawal of Romanian citizenship
Romanian citizenship can be withdrawn from a person who:
while abroad commits extremely serious acts harmful to the interests of the Romanian state or to Romania's prestige;
while abroad enlists in the armed forces of a state which has broken off diplomatic relations with Romania or a state with which Romania is at war;
obtained Romanian citizenship by fraudulent means;
is known to be in contact with terrorist groups or to have supported such groups in any way or is known to have committed other acts endangering national security.
Romanian citizenship cannot be withdrawn from a person who acquired it by birth.
Acceptance of renunciation of Romanian citizenship
Renunciation of Romanian citizenship can be accepted, for well-founded reasons, where the applicant has reached the age of 18 and:
has not been charged with or found guilty of a criminal offence or served a criminal sentence;
is not subject to proceedings concerning debts to the Romanian state or Romanian private individuals or legal entities or has paid any such debts or provided sufficient guarantees as to their payment;
has obtained or applied for, with the certainty of obtaining, another country's citizenship.
Other cases of loss of Romanian citizenship
adoption of an under-age Romanian child by a foreign citizen;
a child found abandoned before the age of 18 whose parents are foreign citizens.
2. International agreements in force
Romania has not concluded any bilateral agreements in this field.
3. Recent legislative developments
The amendments introduced by the provisions of Law no. 192/1999 refers to the most of the texts of law no. 21/1990.
4. Draft legislation and new trends
No other amendments are under way.
5. Recent judicial decisions
By the civil decision no. 44 of May 6, 1997 the Bucharest Court of Appeal, Administrative Contencious Section’, imposed to the Ministry of Justice to grant the legal advice requested for the approval of the giving up at the citizenship for Stancu Maria Marineta, resident of Germany; the petitioner had not at that time a serious promise of granting the German citizenship. Article 26 from Law no. 21/1991 had not provided as a condition for obtaining the approval of expatriation the acquisition on proof of the request for another citizenship, neither nor the assurance that the petitioner would be granted another citizenship; this new condition has been introduced by the new Law no. 192/1999 in the new (art. 27 paragraph c).
6. Recent publications
None.
7. Any other information
None.
. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe)
Ministries
Ministry of Justice
Department of International Relations
Str. Apollodor Nr. 17
Sector 5
BUCHAREST
ROUMANIA
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RUSSIAN FEDERATION (updated on 06.09.2004) |
1. Legislative provisions concerning nationality
a. Texts in force
- The Constitution of the Russian Federation (12 December 1993) (Article 6).
- Nationality Act of the Russian Federation (as amended on 4 November 2003).
- Regulations relating to the procedure for examining questions of nationality of the Russian Federation (in the version of 31 December 2003).
b. Main principles and provisions
Constitutional principles
- The right of every person to acquire and to relinquish Russian nationality in conformity with the law.
- Russian nationality is one and the same for all, regardless of the manner of acquisition.
- Each citizen has all rights and liberties and must fulfil all obligations on the territory of Russia provided for by law.
- It is forbidden to deprive a Russian citizen of his or her nationality or of the right to change nationalities.
- It is forbidden to expel a Russian citizen from Russia.
- It is forbidden to extradite Russian citizens.
Provisions of the law
A. Acquisition of Russian nationality according to the act on changes and amendments to the Nationality Act of the Russian Federation (14 November 2003)
1. By birth
2. By naturalisation
3. By recovery of nationality
4. By choice
B. Loss of nationality according to the act on changes and amendments to the Nationality Act of the Russian Federation (14 November 2003)
1. By relinquishment of nationality
2. By annulment of the decision to grant nationality
3. By choice
C. Dual nationality
A Russian citizen may be authorised, upon his or her request, to be simultaneously a citizen of another country in accordance with an international agreement.
2. International agreements in force
a) - Convention relating to the Status of Refugees, 1951
- Protocol relating to the Status of Refugees, 1967
- Convention on the Nationality of Married Women, 1957
- International Covenant on Civil and Political Rights, 1966
- International Convention on the Elimination of All Forms of Racial Discrimination, 1965
- Convention on the Elimination of All Forms of Discrimination against Women, 1979
- Convention on the Rights of the Child, 1989
b) International agreements covering cases of dual nationaltiy in force
- Convention between the government of the USSR and the government of the People's Republic of Mongolia on the avoidance of cases of dual nationality, 1975
- Convention between the government of the USSR and the government of the Socialist Republic of Romania on the regulation and avoidance of cases of dual nationality, 1978
- Treaty between the USSR and the Socialist Republic of Czechoslovakia on the avoidance of cases of dual nationality, 1980
c) International agreements concerning nationality with the member States of the CIS and the Baltic States in force
- Treaty between the Russian Federation and the Republic of Estonia on the establishment of inter-state relations (Articles 3, 4 et 5) (1991)
- Treaty between the Russian Federation and the Republic of Lithuania on the establishment of inter-state relations (Articles 4, 5 and 6) (1990)
- Treaty between the Russian Federation and Kyrghyz Republic on the legal status of permanent residents (1995).
3. Recent legislative developments
1. Act on the changes and amendments to the Nationality Act of the Russian Federation (14 November 2003).
2. Decree of the President of Russia on the introduction of changes and amendments to the Regulations relating to the procedure for examining questions of nationality of the Russian Federation (31 December 2003).
4. Draft legislation and new trends
None.
5. Recent judicial decisions
None.
6. Recent publications
None.
7. Any other information
None.
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe)
Ministries
- Commission for questions of nationality reporting to the President of the Russian Federation
Tel. 7 095 206 40 51
- Legal Department, Ministry of Foreign Affairs of the Russian Federation
Arbat 52/54
MOSCOW, Russia
Tel. 7 095 241 28 25
Fax 7 095 241 11 66
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SAN MARINO |
1. Legislative provisions concerning nationality
a. Texts in force
In the Republic of San Marino, like any other legal matter governed by private law, nationality was regulated by the ordinary Roman law prior to Act No. 32 of 27 March 1984.
This act, fully in keeping with San Marino legal tradition and taking into account certain fundamental guiding principles, clearly regulated the acquisition of the status of citizen and its possible loss. It was followed up by Act No. 98 of 19 September 1986.
b. Main principles and provisions
To summarise, nationality is acquired as follows:
- anyone born of a San Marino father, or a San Marino mother if the father is unknown or stateless, is a citizen of San Marino, whether or not born on San Marino soil;
- any child adopted by a citizen of San Marino is a citizen of San Marino;
- anyone born on San Marino soil of unknown parents is a citizen of San Marino.
On the other hand, birth and residence, even for centuries and over several generations on San Marino soil, do not entitle anyone born of a "foreign" father to San Marino nationality.
However, exceptionally and provisionally, aliens or stateless persons may acquire nationality by naturalisation, granted by the Great and General Council (Consiglio Grande e Generale, the San Marino Parliament) on the basis of criteria defined by the relevant statutes (Acts of 12 August 1907; of 7 March 1914; of 15 May 1945 and Act No. 32 of 27 March 1984).
Once acquired, San Marino nationality can only be lost by renunciation, which must be explicit and also be noted by the Great and General Council.
Acquisition of foreign nationality does not result in the loss of San Marino nationality unless it is expressly renounced.
A foreign woman marrying a San Marino citizen may at any time acquire her husband's nationality on request.
She is then requested to renounce her own original nationality unless this is contrary to legislation in that state.
A San Marino woman marrying a "foreigner" keeps her nationality unless she expresses the desire to acquire that of the foreign husband.
2. International agreements in force
There are no international agreements in force. However, the Agreement of 28 October 1980 with the Italian State lays down rules on national service for persons with dual nationality (Italian and San Marino).
3. Recent legislative developments
None.
4. Draft legislation and new trends
None.
5. Recent judicial decisions
None.
6. Recent publications
None.
7. Any other information
None.
8. Enquiries concerning matters relating to nationality (in additional to information which may be obtained by the Council of Europe
Ministry
Department of General Services
Registration Office
Demographic and Electoral Services
47031 SAN MARINO
Tel. +39 549 99 28 21
+39 549 99 28 22
+39 549 99 20 80
Fax +39 549 99 23 80
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SLOVAK REPUBLIC (updated on 01.09.2004) |
1. Legislative provisions concerning nationality
1. Texts in force
- Act No. 40/1993 - Bulletin of legislation on Slovakian nationality
b. Basic principles and provisions
Following the separation of the Federal Czech and Slovak Republics, the main aspects covered are:
i. the determination of Slovakian nationality;
ii. the choice of Slovakian nationality;
iii. the nationality of under-age children;
iv. the assigning of nationality;
v. the possibility of loss of Slovakian nationality;
vi. the confirmation of Slovakian nationality.
i. Acquisition of Slovak citizenship
a. by determination
When the Slovak Republic was created, it became necessary to define the citizenship of the new state. The principle observed was that of the continuity of the citizenship of the Slovak Republic, acquired in accordance with the legislative texts on Slovak citizenship before the date of the division of the Czech and Slovak Federal Republic.
b. by choice
Until 31 December 1993, citizens of the Czech Republic had the option of unconditionally acquiring the citizenship of the Slovak Republic through a simple declaration.
c. by birth
A child acquires the citizenship of the Slovak Republic if at least one of its parents is a national of the Slovak Republic. The child retains Slovak citizenship even if it is later proved that the Slovak national is not its parent.
A child born on the territory of the Slovak Republic of parents who are stateless
A child born on the territory of the Slovak Republic and whose parents are foreign nationals, if the child has not acquired the citizenship of either parent.
d. by adoption
A child irrevocably adopted by parents one of whom at least is a Slovak national
e. by naturalisation
A person who has resided continuously on the territory of the Slovak Republic for 5 years and who has not been found guilty of having committed a criminal offence with malice aforethought in that period. It is in favour of the applicant acquiring the citizenship, if he/she does not have another citizenship or if he/she will prove that he/she has accomplished a legal act for loss or forfeiture of present citizenship. A person who is to be naturalised may, however, retain his or her original citizenship if the state of origin refuses to allow that citizenship to be relinquished.
A person who marries a national of the Slovak Republic or who is regarded as making a contribution to the Slovak Republic in the economic, technical, scientific or cultural field may be naturalised without meeting the above-mentioned conditions.
ii. Loss of Slovak citizenship
A person cannot be stripped of his or her citizenship except at that person's request, providing that that person has another citizenship or the real possibility of acquiring another citizenship.
A person who is under indictment, owes back taxes or would thereby become stateless cannot be allowed to relinquish his or her citizenship.
In principle, the legislation does not prohibit multiple nationality.
2. International agreements in force
No international agreements on nationality are in force with non-European states.
Note: The agreement between Slovak Republic and the Russian Federation in 1981 on the prohibition of dual nationality will not be valid from 2005.
3. Recent changes to legislation
The Slovakian law on nationality currently in force is compatible with the European Convention on Nationality.
4. Planned legislation and new tendencies
Act No. 40/1993 on nationality of the Slovak Republic will be amended in 2005.
5. Recent legal decisions
None.
6. Recent publications
Where possible/necessary, we pass to the media articles or statements on nationality-related matters.
7. Other information
We are in the process of preparing a summary of our knowledge with a view to preparation of the new law on nationality.
Although the nationality law currently in force is compatible with the European Convention on Nationality, there are some statements which should be incorporated into the law.
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe)
Ministry of the Interior of the Slovak Republic
Department for nationality and register
Drienová 22
826 86 BRATISLAVA, Slovak Republic
Tel 421 2 48 59 2351
Fax 421 2 48 59 23 99
E-mail: [email protected]
|
SLOVENIA (updated on 02.09.2004) |
1. Legislative provisions concerning citizenship
a. Texts in force
1. Citizenship Act of Republic of Slovenia
The Citizenship Act of the republic of Slovenia was adopted on June 25, 1991 and published in the Official Gazette of the Republic of Slovenia No. 1/91-I. Amendments and Supplements to this Act were published in the Official Gazette of the Republic of Slovenia Nos. 30/91-I, 38/92 and 13/94) and 96/02 - the officially revised text was published in the Official Gazette of the Republic of Slovenia Nos. 7/03).
b. Main principles and provisions
The Act is based on the following basic principles:
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1. prevention (avoidance) of statelessness 2. continuity of previous citizenship at the state succession 3. will of the person concerned, in the process of acquisition and loss of citizenship 4. equality of parents in deciding the citizenship of their minor children 5. equality of children born in wedlock with children born out of wedlock 6. equality of men and women in the acquisition of citizenship 7. efficiency of citizenship of the Republic of Slovenia, applicable in cases of dual citizenship 8. relative tolerance of dual citizenship (by acquiring the citizenship of another country, the citizenship of the Republic of Slovenia does not cease automatically) 9. protection of personal data. |
I. Acquisition of citizenship
Acquisition of citizenship by origin (principle of ius sanguinis)
The Act recognises two ways of acquiring the citizenship by origin: obtaining the citizenship ex lege and obtaining the citizenship by registration. In specific cases, the acquisition of the citizenship ex lege is combined with the territorial principle: if one of the parents does not have the citizenship of the Republic of Slovenia and the child is born in Slovenia, the child obtains the Slovenian citizenship, regardless of the will of its parents. If, in some cases, a child is born abroad, the citizenship of the Republic of Slovenia can be obtained by registration before attaining majority (18 years). The registration has a constitutive character and has a retroactive effect (ex tunc). only the will of the parent with Slovenian citizenship is respected and the consent of the other parent is not required. In case, that the child should become stateless, the registration is not necessary.
From the age of 18, but prior of attaining the age of 36, the person can apply for registration independently.
The registration of the child born abroad in mixed marriage is not necessary if the child is settled in Slovenia upon his majority (18 years).
obtaining the citizenship in cases of full adoption, follows the principle of obtaining the citizenship by origin, only on the ground of statement of his or her adoptive parents.
An adoptee obtains the Slovenian citizenship ex lege, if both or at least one of its adoptive parents are the citizens of the Republic of Slovenia.
For any child, born in mixed marriage abroad, or adoptee, who obtains the age of 14 years, his or her agreement on acquiring the citizenship is required.
Territorial principle
foundlings found on the territory of the republic of Slovenia, whose parents are unknown and children whose parents are of unknown citizenship or stateless, obtain the citizenship of the Republic of Slovenia on the ground of principle ius soli.
Naturalisation
The Act provides three types of naturalisation:
1. regular naturalisation
2. facilitated naturalisation (naturalisation of individuals of Slovenian descent, foreigners married to the citizens of the Republic of Slovenia, persons born in Slovenia living there since their birth, persons with refugee status, stateless persons and minors)
3. exceptional naturalisation (foreigners that do not fulfil all the necessary conditions prescribed for regular naturalisation. For their naturalisation special interest of the state must exist (for example the existence of reasons in the field of culture, economy, science, sport, human rights, etc.).
All conditions prescribed by the Act must be fulfilled in acquiring the citizenship through the regular naturalisation, while exemptions from certain requirements were provided for facilitated naturalisation. In cases of exceptional naturalisation, the sole stated condition is the interest of the Republic of Slovenia, that must be confirmed by the Government of the Republic of Slovenia. The discretionary power is provided for all cases of naturalisation, meaning that the state should or should not grant citizenship (despite of all conditions fulfilled).
The discretionary power might be exercised only if the reasons, including the proofs are contained in written decision.
Acquisition of citizenship through international agreements
This form of acquiring the citizenship, finds application only in cases of state borders changes.
II. Loss of citizenship
the citizenship of the Republic of Slovenia can be lost by release, by renunciation, by deprivation and by international agreement.
Release
Release is a regular way of loss of citizenship and at the same time the right of any individual that fulfils the conditions stipulated by the Act. Discretionary power is limited only to some specific reasons (national security, national interests, reciprocity or other reasons deriving from relations with a foreign country.
Regarding the release of citizenship, minors up to the age of 18 years, enjoy a substantially higher grade of protection if compared to them acquiring the citizenship. The consent of both parents is required, regardless of their citizenship. In case of dispute, the body competent for social welfare decides accordingly to the benefits of the child.
Renunciation
The renunciation is a qualified option, meaning that a person has the right to renounce citizenship and is accorded to individuals up to 25 years of age, born in a foreign country, residing there and holding foreign citizenship. Other conditions have not been foreseen. The body competent for the deciding on renunciation has no discretionary power.
Deprivation
The deprivation of citizenship is the only mode of citizenship loss, where the will of an individual is not considered at all (it is not exercised in practice). Fundamental reasons for depriving person of his or her citizenship is, that he or she resides abroad and holds a foreign citizenship. Additional conditions are stated in the Act. Proof of the existing conditions must be given in the decree on the deprivation of citizenship.
Loss of citizenship through international agreements
This mode of loosing the citizenship, finds application only in cases of state border changes.
Cancellation of decision
It occurs, because of fraudulent conduction or concealment of facts and circumstances relevant to the case.
Article 16 provides a possibility of cancellation of decree within a limited period of three years, in case that naturalisation was granted on the base of fraudulent conduction or concealment of relevant circumstances from the side of concerned individual. It can not be exercised if such a person would become stateless.
III. Other provisions
The Act defines the types and modes of official record keeping, authorities competent for deciding on acquiring or loss of citizenship, usage of personal data and forwarding the personal data to other States and other common provisions.
The most important of the transitional provisions, the Article 40 of the Act, stipulates the basis of regulating the citizenship of citizens of former Yugoslavian republics that had permanent residence in the Republic of Slovenia on the day of the Plebiscite of the Independence and autonomy of the Republic of Slovenia on December 23, 1990 and actually lived here. Those citizens could acquire citizenship of the Republic of Slovenia on condition that such a person filed an application with the administrative agency competent for internal affairs of the community where they resided (the legal period for the submission of the application was six months, and expired on December 25, 1991).
Regardless of whether the person fulfils the conditions from the preceding paragraph, a petition for citizenship of the Republic of Slovenia is turned down if the person has since June 26, 1991 committed a criminal offence from Chapter 15 or 16 of the penal Code of the Socialist Federal republic of Yugoslavia (Official Gazette of the socialist Federal republic of Slovenia, or other values which in accordance with the provision of the first paragraph of Article 4 of the Constitutional Law on the implementation of the fundamental Constitutional Deed on Independence of the Republic of Slovenia are protected by the penal legislation of the Republic of Slovenia irrespective of where the offence was committed. If criminal proceedings were instigated for the offence, the procedure for the acquisition of citizenship is suspended until the criminal proceedings are finished.
Regardless of whether the person fulfils the conditions from the first paragraph of this Article, the application may be turned down if the reasons from item 8 of the first paragraph of Article 10 of this Act (threat to the security or defence of the State) apply to the petitioner.
A child under age of eighteen can acquire citizenship of the Republic of Slovenia under provisions of Article 14 of the present Act.
It is important that we emphasise, that 171.000 persons acquired the Slovenian citizenship on the ground of Article 40 of the Act.
The amended Citizenship Act from October 2002 enabled in its transitional and final provisions facilitated acqusition of the Slovenian citizenship for citizens of another republic of former Yugoslavia and for third-country-citizens who were registered as a permanent residents in the territory of the Republic of Slovenia on 23.12.1990 and who have been living in the Republic of Slovenia continuously from that day. Dead line for putting in an application expired on November 29, 2003.
Also very important is the Article 39 of the Act, the provision establishing the continuity with the legal order, which has been in force on the territory of the Republic of Slovenia, up to the date of Declaration of Independence of the Republic of Slovenia. The provision stipulates, that any person who held citizenship of the Republic of Slovenia and the Socialist Federal Republic of Yugoslavia according to existing valid regulations, is considered ex lege to be a citizen of the Republic of Slovenia on the day when the Act came into force (June 25, 1991).
All laws and regulations which due to various legal orders, were in force on the territory of Slovenia in the past, for example general Civil Code of 1811 (provisions on jurisdiction of the country of origin), Law on Emigration of 1852, Convention between the USA and Austro-Hungarian Monarchy of 1870, Saint-Germaine Peace Treaty of 1919, trianon Peace Treaty of 1920, Law on Citizenship of the Kingdom of Yugoslavia of 1928, Law on Citizenship of FLRY of 1945, Law on Citizenship of SFRY of 1964, Law on Citizenship of SFRY of 1976, Law on citizenship of the People Republic of Slovenia of 1950, Law on citizenship of the Socialist Republic of Slovenia of 1964, Law on Citizenship of the Socialist republic of Slovenia of 1976 and other regulations referring to citizenship, shall be applied within the framework of this provision.
IV. Jurisdiction
The Ministry of internal Affairs of the Republic of Slovenia has jurisdiction in deciding on naturalisation and loss of citizenship of the republic of Slovenia, while the local government departments for internal affairs are competent to establish and register citizenship.
2. Internal agreements in force
a. Universal Declaration of Human Rights (10 December 1948 - United Nations)
b. Convention relating to the status of refugees (28 July 1951 - United Nations
c. Convention on the nationality of married woman signed in New York on 20 February 1957
d. International Convention on the elimination of all forms of Racial Discrimination (7 March 1966 - United Nations)
e. International Covenant on Civil and Political Rights (16 December 1966 - United Nations)
f. Convention on the elimination of All Forms of Discrimination against Woman (18 December 1979 - United Nations)
g. Convention on the rights of the child (20 November 1989 - United Nations)
h. European Convention on the Adoption of Children (24 April 1967 - Council of Europe)
i. Convention relating to the status of stateless persons (28 September 1954 - United Nations)
3. Recent legislative developments
j. Regulation on the criteria for establishing whether a person fulfils the determined conditions for the acquisition of citizenship of the Republic Slovenia by naturalisation (Official Gazette of the Republic of Slovenia, No. 47-1808/94 of July 30, 1994)
4. Draft legislation and new trends
k. Activities regarding the signing to the European Convention on Nationality
5. Recent Judicial decisions
l. Decision on the Repeal of Articles 41 and 13.a of the Citizenship Act of the Republic of Slovenia (Official Gazette of the Republic of Slovenia, No. 61-2773/92 of December 24, 1992; Decision of the Constitutional Court No. U-I-69/92-30 of December 10, 1992)
m. Decision on the Repeal of Article 28 of the Citizenship Act of the Republic of Slovenia (Official Gazette of the Republic of Slovenia, No. 61-2774/92 of December 24, 1992; Decision of the Constitutional Court No. U-I-98/91-21 of December 10, 1992)
....In providing the reasons for the decision issued on the basis of discretionary power, the reasons for discretionary decision must be stated in such a way that is evident whether the administrative authority in exercising its discretionary power of decision has acted "within the limits of authorisation and in accordance with the intention of granting such an authorisation".....
n. Decision on the Establishment of the Accordance of the third Paragraph of Article 14 of the Citizenship Act of the Republic of Slovenia (Official Gazette of the Republic of Slovenia, No. 13-665/95 of March 3, 1995; Decision of the Constitutional Court No. U-I-124/94-8 of February 9, 1995)
o. Decision on the request for holding a referendum on Article 40 of citizenship Act of the Republic of Slovenia (Official Gazette of the Republic of Slovenia, No. 69-3171/95 of December 1, 1995; Decision of the Constitutional Court No. U-I-266/95-8 of November 20, 1995)
p. Decision on the Repeal of Paragraph three of Articles 40 of the Citizenship Act of the Republic of Slovenia refering the condition that the person’s naturalisation poses no threat to the public order of the State (Official Gazette of the Republic of Slovenia, No. 59/99 of July 23, 1999; Decision of the Constitutional Court No. U-I-89/99 of June 10, 1999).
6. recent publications
2. Nada KONČINA: Commentary on the Citizenship Act of Republic of Slovenia
3. Alenka MESOJEDEC PERVINŠEK: Regulations about foreigners and citizens with introduction on citizenship
7. Any other information
None
8. Enquiries concerning matters to nationality (in addition to information which may be obtained from the Council of Europe)
Ministry of Internal Affairs or Republic of Slovenia
Department for naturalisation
Beethovnova 3
1000 Ljubljana
Slovenia
Tel.: + 386 1 472 42 64
Fax: + 386 1 472 61 13
|
SPAIN (updated on 29.07.2002) |
1. Legislative provisions concerning nationality
a. Texts in force
- Article 11 of the Constitution of 1978
- Articles 17 to 26 of Title 1 of the Civil Code of 1889
Amended by:
- Act of 5 July 1954
- Decree of 31 May 1974
- Act of 2 May 1975
3.11 Act of 17 December 1990
- Act n° 15/1993 of 23 December 1993 on the reform of the Civil Code in the field of nationality
- Act n° 29/95 of 2 November 1995 on the reform of the Civil Code in the field of reacquisition of Spanish nationality
b. Main principles and provisions
The following are Spanish nationals by birth:
- Children of a Spanish father or mother;
- Persons born in Spain whose father or mother was also born in Spain (except for children of an alien belonging to the diplomatic or consular service);
- Persons born in Spain whose descent has not been established, and also if descent has been established in respect of one parent who is not eligible for the nationality of his or her State of origin under its legislation.
Acquisition by marriage
The Ministry of Justice may confer Spanish nationality on a foreigner married to a Spanish man or woman if the spouses live together, if the foreigner applies for Spanish nationality and has resided at least one year in Spain, and if there are no objections on the ground of public policy or the national interests.
Elective acquisition
Any person subject to the paternal authority of a Spanish national may acquire Spanish nationality by means of an elective declaration.
Acquisition by conferment
There are two procedures:
- Royal Decree by the government in cases where it is deemed that there are exceptional circumstances in the applicant's favour.
- Order by the Ministry of Justice. For this purpose, applicants must be resident in Spain and have furnished evidence that they are of good civic character and are sufficiently adjusted to Spanish society; there must also be no objection on the ground of public policy or national interest. The qualifying period of residence is normally ten years, but it is reduced (to 2 years or 1 year) in various statutory cases which denote a special tie with Spain.
Loss
For Spanish adults ordinarily resident abroad, loss of nationality occurs after a period of three years following the voluntary acquisition of another nationality, or as from the date of attaining the age of majority if a foreign nationality acquired before that date has been used exclusively since then. This case of loss does not affect persons who are Spanish by birth if the acquired nationality is that of a country with an Iberian culture.
Spanish nationality acquired otherwise than by birth is lost irrespective of the subject's wishes in the following cases:
- treason;
- conviction of forgery or deception deceit in the acquisition of nationality;
- voluntary performance of military service abroad or holding of a political office in defiance of the government's explicit prohibition.
Re-acquisition
The reacquisition of Spanish nationality is possible even if the person is not legally resident in Spain when the person is a Spanish emigrant or a descendant of a Spanish emigrant. For the rest of the people, the Government may waive this requirement (exceptional circumstances).
2. International agreements in force
International conventions on dual nationality with Chile (24 May 1958), Peru (16 May 1959), Paraguay (25 June 1959), Nicaragua (25 July 1961), Guatemala (28 July 1961), Bolivia (12 October 1961), Ecuador (4 March 1964), Costa Rica (8 June 1964), Honduras (15 June 1966), the Dominican Republic (15 March 1968) and Argentina (14 April 1969).
Spain has also adhered to the Council of Europe Convention on the reduction of cases of multiple nationality and on military obligations in cases of multiple nationality of 1963, although it has only ratified chapter II.
3. Recent legislative developments
None.
4. Draft legislation and new trends
In view of the fact that the Act of 1990 only came into effect recently, there is no new draft legislation currently pending.
5. Recent judicial decisions
In view of the fact that the Nationality Act only came into effect recently, no rulings have yet been made under it. However, a considerable number of rulings have been laid down by the Dirección General de los Registros y del Notariado in appeals against decisions by the registrar. These rulings can be summarised as follows:
Acquisition of Spanish nationality on the grounds of "jus soli" (article 17 of the Civil Code)
In accordance with the principle of "favor nationalitatis", and with a view to avoiding cases of statelessness, children born in Spain to Peruvian parents are considered Spanish on the sole grounds of having been born in Spain unless the birth is registered with the Peruvian Consulate within a period of thirty days (Ruling of 8 May 1991). The same rule applies to children born in Spain to Argentinian parents (Ruling of 30 May 1991). However, this way of acquiring Spanish nationality by "jus soli" does not apply to children born in Spain to Uruguayan parents given that they are not stateless at birth but Uruguayan nationals, notwithstanding the fact that they may lose Uruguayan nationality at the age of eighteen if they have not taken up residence in their country (Ruling of 5 June 1991).
Consolidation of Spanish nationality (article 18)
According to article 18 of the Civil Code, the uninterrupted, bona fide possession of Spanish nationality for ten years on the basis of records filed with the Registrar are grounds for the consolidation of Spanish nationality, even if the grounds on which it was originally based are subsequently revoked.
With reference to this principle, it has been established:
- that a marriage between a foreigner and a Spanish citizen registered with the Spanish Registrar is not sufficient grounds for consolidation of Spanish nationality if the said marriage does not itself entail acquisition of Spanish nationality (Ruling of 27 June 1991);
- that the mere fact of having a birth registered in Spain is not sufficient grounds if nationality is not acquired by "jus soli" by virtue of this alone. Grounds which would automatically entitle the individual in question to Spanish nationality and which were subsequently declared null and void are required (Ruling of 25 October 1991);
- individuals who have been informed that proceedings have been initiated with a view to depriving them of Spanish nationality are not considered bona fide (Ruling of 4 February 1992).
Acquisition by option (articles 19 and 20)
Attention is drawn to the Rulings of 8 January 1991, according to which the two-year period within which an option can be exercised on the grounds of having been subject to the paternal authority of a Spanish national must begin to run when the individual concerned reaches adulthood, even if the option is not admissible unless it can be proved that at a given time the individual was subject to the paternal authority of a Spanish national.
When the option is exercised by legal representatives, if both paternal and maternal descent have been established, the father's involvement may not be disregarded unless there are grounds for doing so (Ruling of 23 January 1992).
Acquisition of Spanish nationality by residence (articles 21 and 22)
In accordance with the Ruling of 19 January 1991 (which uses the same criteria as the ruling of the Supreme Court of 19 September 1988), the period of legal residence in Spain is not interrupted by brief, occasional visits abroad. Moreover, several rulings have confirmed that persons holding papers proving Spanish citizenship as a result of an error by the authorities are assumed to be legally resident in Spain.
Loss of nationality (articles 23 and 24)
The many rulings laid down have resolved for the time being the problems which arose when the previous law was in force.
Reinstatement as a Spanish national (article 25)
The rulings and proceedings laid down meet the criteria established in the Ministerial Decree of 11 July 1991.
6. Recent publications
In view of their considerable importance, attention is drawn to the comments on articles 17 to 26 of the Civil Code drawn up by JESUS DIEZ DE CORRAL RIVAS and published by the Ministry of Justice in 1991 as part of a collective study entitled "Comentario del Código Civil".
7. Any other information
None.
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe)
Ministry
Ministry of Justice, D.G. Registros
Calle Rios Rosas N. 24, 28003 Madrid
E-28071 MADRID
Tel. 34 1 390 48 06
Fax 34 1 390 48 74
|
SWEDEN (updated on 01.07.2004) |
1. Legislative provisions concerning nationality
a. Texts in force
- The Swedish Citizenship Act (2001:82)
- The Ordinance on Citizenship (2001:218)
b. Main principles and provisions
The legislation concerning citizenship is based on the following main principles:
- acquisition of citizenship by decent (ius sanguinis),
- avoidance of statelessness,
- equality of men and women.
Swedish citizenship is acquired:
- by birth,
- by adoption,
- by marriage of the parents,
- by notification,
- by naturalisation.
Swedish citizenship is lost:
- on reaching the age of 22 by a person who was born abroad and has never been domiciled in Sweden or staying in the country under circumstances that indicate a link with Sweden.
A Swedish citizen can be released from Swedish citizenship on condition that he or she acquires another citizenship.
c. Multiple nationality
According to the Swedish Citizenship Act dual and multiple citizenship is generally permitted.
2. International agreements in force
- Hague Convention on certain questions relating to the conflict of nationality laws, 1930
- UN Convention relating to the Status of Refugees, 1951
- UN Convention on the Nationality of Married Women, 1957
- UN Convention on the Reduction of statelessness, 1961
- European Convention on the Reduction of Cases of Multiple Nationality and Military Obligations in Cases of Multiple Nationality, 1963 (Chapter II only)
- UN Convention on the Rights of the Child, 1989
- Hague Convention on Protection of Children and Cooperation in respect of Intercountry Adoption, 1993
- European Convention on Nationality, 1997
- Nordic Agreement on the Implementation of Certain Regulations on Citizenship, 2002
3. Recent legislative developments
None
4. Draft legislation and new trends
None.
5. Recent judicial decisions
None of principal interest.
6. Recent publications
None
7. Any other information
None.
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe)
Ministry of Justice
Division for Immigrant Integration and Diversity
SE - 103 33 STOCKHOLM
Tel: + 46 8 405 10 00
Fax: + 46 8 405 35 78
E-mail: [email protected]
|
SWITZERLAND (updated on 30.04.2004) |
1. Legislative provisions concerning nationality
a. Texts in force
- Federal Law of 29 September 1952 on the acquisition and loss of Swiss nationality (as updated at 1 January 1992)
- Ordinance of 25 November 1991 on fees charged in application of the nationality law
b. Main principles and provisions
The nationality law is based on the following main principles:
- acquisition of nationality by descent;
- equality between men and women;
- three-tier nationality (Swiss nationality, cantonal citizenship ("droit de cité") and municipal citizenship: no-one may be a Swiss national without also being a citizen of a canton and a municipality;
- the policy of promoting unity of nationality within families;
- the lapsing of nationality in the event of links with the country being broken;
- measures to counter statelessness.
The main provisions are as follows:
1.1 Acquisition of nationality on an ipso jure basis
Acquisition of nationality by descent:
The child of a Swiss father or mother is Swiss from birth (Article 1, NL).
Exception: The child of a Swiss father who is not married to the mother may only acquire Swiss nationality by the "facilitated" naturalisation procedure (Article 31, NL).
Acquisition of nationality by adoption:
Minors adopted by a Swiss national acquire Swiss nationality (Article 7, NL).
1.2. Loss of nationality on an ipso jure basis
Loss of nationality by lapsing:
Children born abroad of a Swiss parent lose Swiss nationality at the age of 22 if the birth was not registered with the Swiss authorities and the individual in question holds another nationality (Article 10, NL).
Loss of nationality by adoption:
Minors adopted by a non-Swiss national lose Swiss nationality when they acquire the nationality of their adoptive parent (Article 8a, NL).
1.3. Acquisition of nationality by decision of the authorities
1.3.1 Acquisition of Swiss nationality by ordinary naturalisation:
Aliens wishing to obtain ordinary naturalisation must meet the following conditions (Article 12, NL):
- be in possession of the Federal naturalisation permit;
- obtain naturalisation in a canton;
- obtain naturalisation in a municipality.
Federal naturalisation permit:
This permit is issued by the national authorities (Articles 14 and 15, NL) to applicants:
- who have been domiciled in Switzerland for 12 years (6 years for children of the second generation);
- who are integrated in Switzerland;
- who meet the criteria of good conduct.
Cantonal naturalisation is granted to applicants:
- who have been domiciled in the canton for a certain number of years as specified in the canton's legislation;
- who are integrated in the canton.
Municipal naturalisation is granted to applicants:
- who have been domiciled in the municipality for a certain number of years as specified in the municipality's legislation;
- who are integrated in the municipality.
The canton and municipality generally levy a naturalisation tax ranging from a few hundred to several thousand Swiss francs.
In cantons and municipalities, naturalisation is a political act which is generally carried out by the cantonal and municipal legislative councils and is not subject to appeal.
1.3.2 Acquisition of nationality by "facilitated" naturalisation
The following persons are eligible for "facilitated" naturalisation:
The non-Swiss spouse of a Swiss national:
- if he/she has lived in Switzerland for five years and has been married for three years (Article 27, NL);
- if he/she has been married for six years and has close ties with Switzerland (Article 28, NL);
Non-Swiss children affiliated by a Swiss father:
- if they have close ties with the father (Article 31, NL).
"Facilitated" naturalisation differs from ordinary naturalisation as follows:
- the procedure is simpler (the Confederation itself confers cantonal and municipal citizenship);
- the procedure is free of charge (except for a chancellery fee);
- there exists a positive right to "facilitated" naturalisation.
1.3.3. Acquisition of nationality by reinstatement
- Individuals born abroad whose Swiss nationality lapses at the age of 22 have ten years in which to apply for reinstatement, on condition that they have maintained links with Switzerland. Once this ten-year period has elapsed, they may be reinstated following a three-year period of residence in Switzerland (Article 21, NL);
- Individuals who have been released from Swiss nationality can be reinstated after a one-year period of residence in Switzerland (Article 23, NL).
1.4. Loss of nationality by decision of the authorities
Swiss nationals can be released from Swiss nationality on request, on condition that they are resident abroad and have acquired, or are entitled to acquire, another nationality (Article 42, NL).
1.5. Provisions common to the acquisition and loss of nationality by decision of the authorities
Minors are included in the event of their parents being naturalised or released from Swiss nationality. They may also apply for naturalisation or release individually, on condition that they are duly authorised or represented (Articles 33, 34, 42 and 44 NL).
2. International agreements in force
Switzerland is not party to any international agreements on nationality.
3. Recent legislative developments (from l January 1994):
The Federal law on the Acquisition and Loss of Swiss Nationality – Nationality Law (NL) – is currently being revised. The main points concern naturalisationarrangements for young foreigners, the introduction of automatic acquisition of Swiss nationality at birth subject to specific conditions, a reduction in the required residence period, a simplification of procedures and standardisation of naturalisation fees.
4. Draft legislation and new trends
On 21 November 2001 the Federal Council adopted the statement on the naturalisation of young foreigners and the revision of the nationality law. This revision is currently before parliament.
5. Recent judicial decisions (from 1 January 1994)
The Swiss Federal Tribunal has, in its recent case-law, confirmed the annulment of four cases of naturalisation, acquired through untrue statements or concealment of crucial facts.
6. Recent publications (from 1 January 1994)
None
7. Any other information
The text of the nationality law (NL) is available (in French, German and Italian) at the following internet address:
http://www.admin.ch/ch/f/rs/c141_0.html
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe):
Ministry
Office fédéral de l’immigration, de l’intégration et de l’émigration
CH-3003 Bern-Wabern,
Tel.: + 41 31 322 11 13
Fax: + 41 31 323 77 59
E-mail: [email protected]
|
“THE FORMER YUGOSLAV REPUBLIC OF MACEDONIA” (updated on 13.09.2004) |
1. Legislative provisions concerning nationality
o Texts in force
- Constitution of the Republic of Macedonia (“Official Gazette of the RM” No.52/1991 Amendments No.1/92, 31/98, 91/2001, 84/2003)
- Law on nationality of the Republic of Macedonia (“Official Gazette of the RM” No.67/1992, 8/2004)
The Law on nationality of the Republic of Macedonia was adopted on November 1992 and published in the Official Gazette of the Republic of Macedonia No.67/1992. Amendments to this Law were published in February 2004, the Official Gazette of the Republic of Macedonia No.8/2004
· Law on movement and residence of Foreigners of the Republic of Macedonia
(“Official Gazette of the RM” No.36/1992, 66/92, 26/93, 45/2002)
b) Main principles and provisions
The Law on nationality of the Republic of Macedonia is based on the following main principles:
- prevention of statelessness
- continuity of the previous nationality
- acquisition of nationality by origin
- free will of the person concerned
- equality of men and women in the procedures for acquiring nationality
- equality of parents in deciding on the nationality of their children
- equality of children born in and out of a wedlock
- tolerance of dual nationality
- protection of personal data.
Acquisition of the nationality of the Republic of Macedonia
Nationality of the Republic of Macedonia is acquired by:
- origin,
- birth on the territory of the Republic of Macedonia,
- naturalisation, or
- international agreements.
1. Acquisition of the nationality of the Republic of Macedonia by origin
A child acquires the nationality of the Republic of Macedonia by origin if:
1) At the time of her/his birth both parents are nationals of the Republic of Macedonia;
2) At the time of her/his birth one of the parents is a national of the Republic of Macedonia, where the child is born in the Republic of Macedonia, if the parents have not determined by mutual consent that the child acquires the nationality of the other parent and
3) At the time of her/his birth one of the parents is a national of the Republic of Macedonia, while the other parent is unknown or holds unknown nationality, or respectively she/he is stateless, and the child is born abroad.
An adopted child also acquires the nationality of the Republic of Macedonia by origin in the case of full adoption when both of her/his adoptive parents are nationals of the Republic of Macedonia or when one of her/his adoptive parents is a national of the Republic of Macedonia.
A child born abroad, one of whose parents at the time of her/his birth is a national of the Republic of Macedonia while the other is a foreign national, acquires the nationality of the Republic of Macedonia by origin if she/he has been reported for registration as a national of the Republic of Macedonia before reaching 18 years of age or if before reaching 18 years of age she/he has settled permanently in the Republic of Macedonia together with her/his parent who is a national of the Republic of Macedonia. In the case of a lawsuit over the custody of a child, the nationality shall be acquired after the court decision has gone into effect.
Nationality of the Republic of Macedonia may be acquired under the requirements of paragraph 1 of this Article by a person who has not been registered by both parents and who has reached 18 years of age, if she/he submits an application for registration for the nationality of the Republic of Macedonia before reaching 23 years of age (ex tunc).
2. Acquisition of nationality by Birth on the Territory of the Republic of Macedonia
Nationality of the Republic of Macedonia is acquired by a child who is found or born on the territory of the Republic of Macedonia whose parents are unknown, or have an unknown nationality or are stateless.
The nationality of the Republic of Macedonia of the child under paragraph 1 of this Article shall cease if it has been established that her/his parents are foreign nationals before she/he has reached 15 years of age and provided the child will not be rendered stateless.
3. Acquisition of the nationality of the Republic of Macedonia by Naturalisation
An alien who has personally submitted an application for admission to the nationality of the Republic of Macedonia may acquire the nationality of the Republic of Macedonia by naturalization, if he/she fulfils the following requirements:
· Has reached the age of 18;
· Until the submission of the application, has been legally and permanently living on the territory of the Republic of Macedonia for at least eight years;
· Has an abode and a permanent source of means of subsistence in the amount that affords material and social security, under conditions determined by law;
· Has not been punished in the Republic of Macedonia and in the state of his nationality by a sentence of imprisonment with a duration of a minimum of one year, for acts which are prosecuted ex officio and which are punishable according to the regulations of the Republic of Macedonia;
· Has no criminal proceedings instigated against him/her in the Republic of Macedonia and in the state of his nationality;
· Is proficient in the Macedonian language to the extent that he/she can easily communicate in the environment;
· Has not been the subject of any measure of prohibition of residence in the Republic of Macedonia;
· His/her admission to the nationality of the Republic of Macedonia should not threaten the security and defence of the Republic of Macedonia
· Has signed an oath that he/she will be a loyal citizen of the Republic of Macedonia and
· Has a release from his/her former nationality or proves that he/she will obtain it if he/she is admitted to the nationality of the Republic of Macedonia.
The fulfilment of the requirement of item 6 of is determined by a special commission established by the Government of the Republic of Macedonia.
The requirement under item 10 shall be considered fulfilled if the alien proves that he/she is stateless or if he/she proves that he/she will lose his/her nationality according to the law of his/her state upon naturalisation in the the Republic of Macedonia.
In exceptional cases, if the foreign state does not release the applicant or places conditions for release from nationality which are impossible for the alien to fulfil at the same time, in order not to create existential or security problems for him/her and his/her family, he/she shall be admitted to the nationality of the Republic of Macedonia if he/she makes a declaration renouncing the foreign nationality.
In the decision rejecting the application for acquisition of nationality of the Republic of Macedonia by naturalisation pursuant to item 8, the state organ shall explain its reasons for reaching the decision, and shall thereby take into consideration the protection of the public interest.
An alien who has been married to a national of the Republic of Macedonia for at least three years and who until the submission of the application has been residing legally and continuously for at least one year in the territory of the Republic of Macedonia, may acquire the nationality of the Republic of Macedonia by naturalisation even if he/she is not have proficient in the Macedonian language and does not possess proof that he/she is to be released from his/her foreign nationality.
An alien who has been married to a citizen of the Republic of Macedonia for at least eight years, and has been legally and permanently living abroad and who has a strong and effective link with the Republic of Macedonia, may acquire the nationality of the Republic of Macedonia by naturalisation, even if he/she does not fulfil the requirements of Article 7, paragraph 1, items 2, 6 and 10 of the Law on nationality.
3. Acquisition of the nationality of the Republic of Macedonia by stateless persons or refugees
A stateless person or a person with recognised refugee status may acquire the nationality of the Republic of Macedonia by naturalisation if from the determination of statelessness, or respectively from the recognition of refugee status, until the submission of the application for admission to the nationality she/he has been legally and permanently living in the territory of the Republic of Macedonia for at least six years and if she/he fulfils the requirements of Article 7, paragraph 1, item 1 items 3 to 10 of the Law on nationality.
3.1 Children and acquisition of nationality
If both parents have acquired the nationality of the Republic of Macedonia by naturalisation, their child under 18 years of age also acquires the nationality of the Republic of Macedonia.
If one of the parents has acquired the nationality of the Republic of Macedonia by naturalisation, his/her child under 18 years of age also acquires the nationality of the Republic of Macedonia if so requested by that parent and if the child lives in the Republic of Macedonia, or if so requested by both parents irrespective of where the child lives.
In the case of full adoption, if at least one of the adoptive parents has acquired the nationality of the Republic of Macedonia by naturalisation, the adopted child who has not yet reached 18 years of age and who has been living with the adoptive parent in the Republic of Macedonia also acquires the nationality of the Republic of Macedonia.
If the child has reached 15 years of age, the consent of the child for acquisition of nationality of the Republic of Macedonia is also necessary.
A person whose nationality of the Republic of Macedonia ceased by release when she/he was a minor, may reacquire it if, by the time he/she reaches 25 years of age, he/she has been legally and continuously residing in the Republic of Macedonia for at least three years and if she/he has submitted an application for reacquisition of the nationality of the Republic of Macedonia.
4. Acquisition of nationality under international agreement
This form of acquisition of the nationality of the Republic of Macedonia is only applicable in cases of changes in state borders.
5. Cessation of nationality
Nationality of the Republic of Macedonia ceases:
- by release
- in accordance with international agreements.
5.1. Cessation of nationality by release
Nationality of the Republic of Macedonia ceases by release if a person who has personally submitted an application for release fulfils the following requirements:
- has reached 18 years of age;
- has obstacles with respect to his military service obligations;
- has settled her/his property, fiscal and other legal obligations towards state bodies, organisations, enterprises and other legal entities and physical persons;
- has regulated her/his property, fiscal and other legal obligations arising from a marital relationship and from the relationship between parents and children towards persons who live in the Republic of Macedonia;
- has submitted proof by the competent authority that a bankruptcy procedure, or respectively a procedure for liquidation of the trading company of which she/he is the founder or co-owner, or for the sole trader proprietor respectively, has not been initiated
- is not the subject of criminal proceedings against her/him in the Republic of Macedonia for a crime which is prosecuted ex officio, or to has served the sentence if she/he has been sentenced to imprisonment; and
-holds foreign nationality or to has proved that she/he will be admitted to foreign nationality.
The consent stating that the requirements of item 2 are fulfilled is issued by the Ministry of Defence.
The competent state body shall reject the application for release from nationality of the Republic of Macedonia even when the above-mentioned requirements are fulfilled, if so imposed by reasons of protection of the security and defence of the Republic of Macedonia or by reasons of reciprocity or other reasons pertaining to relations with a foreign state.
In the decision rejecting the application for release from nationality of the Republic of Macedonia the state organ shall explain the reasons for reaching the decision, and shall thereby take into consideration protection of the public interest.
The nationality of the Republic of Macedonia of the person ceases on the day of delivery of the decision on release from nationality of the Republic of Macedonia.
The decision on release from nationality of the Republic of Macedonia shall be revoked if the person who has been granted release continues to live in the Republic of Macedonia or, respectively, has emigrated abroad and has not acquired foreign nationality within one year of the day of delivery of the decision on release.
A person who has been granted release from the nationality of the Republic of Macedonia shall submit the application for revocation of the decision to the diplomatic-consular mission of the Republic of Macedonia abroad or to the competent state body in the Republic of Macedonia.
5.2 Children and cessation of nationality
The nationality of the Republic of Macedonia of a child under 18 years of age ceases upon request of both parents whose nationality of the Republic of Macedonia has ceased by release or if the nationality of the Republic of Macedonia of one of the parents has ceased in that manner, while the other parent has consented thereto.
If the child’s parents live separately, the nationality of the Republic of Macedonia of the child ceases by release upon request of the parent with whom the child lives, or who has been given the custody of the child, and who has submitted himself/herself an application for release from nationality of the Republic of Macedonia or in cases where the parent with whom the child lives is an alien. In both cases the consent of the other parent is necessary.
This requirements also apply to a minor adopted child.
If the other parent does not consent to the child’s release from the nationality of the Republic of Macedonia, the child shall be granted release if in the interests of the child the competent guardianship body gives its consent for her/his release.
If the child has reached 15 years of age, the consent of the child for release from nationality is also necessary.
In the case of full adoption where the adoptive parents are foreign nationals the nationality of the minor adopted child – national of the Republic of Macedonia shall cease by release upon request of the adoptive parents.
If the adopted child has reached 15 years of age, the consent of the adopted child for cessation of nationality, is also necessary.
5.3. Cessation of nationality according to international agreements
The cessation of nationality of the Republic of Macedonia according to international agreements is not covered by the Law on Nationality of the Republic of Macedonia, since this way of cessation of nationality is applicable only in cases of state border changes.
Other provisions
According to Article 26 of the Law, a person who according to the former regulations has held the nationality of the Republic of Macedonia is considered a national of the Republic of Macedonia pursuant to this law (principle of legal continuity).
In addition, the nationals of the other republics of the former SFRY and the nationals of the former SFRY with their registered place of domicile in the territory of the Republic of Macedonia were able to acquire the nationality of the Republic of Macedonia if within one year of the entry into force of the law they have submitted an application provided that they have a permanent source of means, are of major age, and have been residing lawfully on the territory of the Republic of Macedonia for at least 15 years before the submission of the application. This transitional norm was in force up to 13 November 1993.
With the Amendments to the Law on nationality of the Republic of Macedonia (published in the Official Gazette of the Republic of Macedonia No.8/2004), a new transitional provision was introduced.
On the ground of this provision (Article 14), those nationals of the other republics of the former SFRY and the nationals of the former SFRY who on 8 September 1991 had a registered domicile and until the submission of the application have been permanently living on the territory of the Republic of Macedonia and have a genuine and effective link with the Republic of Macedonia may acquire the nationality of the Republic of Macedonia if within two years after the entry into force of this law (which entered into force on 5 March 2004) if they have submitted an application, provided that no criminal proceedings are being carried out against them in the Republic of Macedonia for criminal acts which threaten the security and defence of the Republic of Macedonia and that they meet the requirements of Article 7 paragraph 1 items 1 and 6 of the Law on nationality.
c. Multiple nationality
Multiple nationality is allowed under certain conditions. This is regulated in Article 2, which stipulates that a national of the Republic of Macedonia may also hold the nationality of another state.
A national of the Republic of Macedonia who holds the nationality of another state is considered within the Republic of Macedonia to be exclusively a national of the Republic of Macedonia, unless otherwise stipulated by an international agreement.
The Law on nationality of the Republic of Macedonia provides limitations in the recognition of the multiple nationality in its Article 7.
2. International agreements in force
- 1997 European Convention on Nationality
- 1966 UN International Convention on the Elimination of all Forms of Racial Discrimination
- 1979 UN Convention on the Elimination of all Forms of Discrimination against Women
- 1966 UN International Convention on Civil and Political Rights
- 1989 UN Convention on Right of Child
- 1957 UN Convention on the Nationality of Married Woman
- 1954 UN Convention relating to the Status of Stateless Persons
- 1951 UN Convention relating to the Status of Refugees
- 1967 UN Protocol relating to the status of Refugees
- 1930 Protocol relating to Certain Cases of Statelessness (The Hague)
- 1948 Universal Declaration of Human Rights
3. Recent legislative developments
Elaborated under item 1.
3. Draft legislation and new trends
The Government of the Republic of Macedonia shall determine the criteria for the distinctive scientific, economic, cultural, sports or other national interest for acquisition of nationality by a decree.
5. Recent judicial decisions
Decisions of the Constitutional Court U.No.69/93, U.No 168/93, U.No.101/95, U.No.233/97, U.No181/2001 available at http://www.usud.gov.mk
6. Recent publications
Mirjana LAZAROVA TRAJKOVSKA and Dr.Fidančo STOEV
Collection of regulations on nationality with comments on the Law on Nationality of the Republic of Macedonia , (published by Official Gazette of RM, Skopje)
Mirjana LAZAROVA TRAJKOVSKA
"Continuity and efficiency in the regulation of citizenship in the Republic of Macedonia" (Croatian Critical Law Review, vol.3, No.1-2: 187-190)
"Re-examining the law on nationality of the Republic of Macedonia: the role of the European Convention on Nationality", CONF/NAT (99) Contrib 1.
7. Any other information
None
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe):
Ministry of Internal Affairs of Republic of Macedonia
“Dimče Mirčev” bb
1000 Skopje
Republic of Macedonia
Tel: 00 389 2 3118 415
Fax: 00389 2 3143 013
|
TURKEY (updated on 14.09.2004) |
1. Legislative provisions concerning nationality
a. Texts in force
1. Turkish Nationality Act N° 403
2. Regulation on Turkish Nationality Act N° 403
3. Settlement Act N° 2510
b. Main Principles and provisions
Any person who is tied to Turkish State by nationaltiy es a Turk. Nationality link is determined by three criteria:
a) Acquisition ex lege
A. Descent (ius sanguinis): it refers to a case where either of the parent shall be Turk at the time of the birth of the child
B. Change of situation: if a child born in an extra-marital relation of a foreign woman and a Turkish national becomes a Turkish national by descent either on determination of descent or affiliation of paternity as for provision, the child shall acquire the nationality of Turkey from birth.
C. Adoption: if a foreign minor adopterd by a Turk is stateless, or his/her parents cannot be reached or residential informaition is not known, the child acquires the Turkish nationality after adoption.
D. Place of birth (ius soli): Children, born in territories of Turkey and do not acquire the nationality of either parent at birth, acquire Turkish nationality from birth.
E. Marriage: if a woman married to a Turkish national is stateless or loses her previous nationality due to marriage ar has notified within the legal process, she acquires the Turkis nationality.
b) Acquisition by decision of competent authority
· Granting nationality in general
· Granting nationality by facilitated procedures
· Recovery of nationality
c) Acquisition by right to choose
d) Loss of Turkish nationality
A. Loss of Turkish nationality is determined by three criteria just as the acquisition. Turkish nationality is deemed to be lost automatically in the first and the latter, and upon a decision of competent authorities in the third one.
Loss ex lege
B. Loss by decision of competent authority
C. Loss by exercising the right to choose
c. Multiple nationality
Acquisition of a nationaltiy of a State with retention of Turkish nationality is permitted as for the amendment of the Turkish Nationality Act N° 403 made in 1981. Furthermore, persons who acquired the nationality of another State without permission of the Turkish Government and request retention of their nationality shall be allowed to retain their previous nationality on condition that these persons fulfill required conditions.
2. International agreements in force
· Convention N°8 concerning Exchange of Information on Acquisition of Nationality of International Commission on Civil Status which was signed by Turkey on 10/09/1964 in Paris and put into force on 19/04/0970
· Convention to Reduce the Number of Cases of Statelessness of the International Commission on Civil Status which was signed by Turkey on 13/09/1973 in Bern and put into force on 31/07/1977.
3. Recent legislative developments
Article 5 of Turkish Nationality Act n° 403 has been amended with the act and n° 4866 as folllows:
· Gaining of Turkish citizenship with marriage
Article 5: Marriage with Turkish citizen does not cause to gain Turkish citizenship automatically. But if a foreigner wants to get Turkish citizenship by marriage, he should be married at least three years with a Tutrkish citizen, they should live together and carry on their marriages.
Besides this, if a foreigner who married with Turkish citizen lost her or his citizenship, he can gain Turkish citizenship automatically.
Gaining of Turkish citizenship with marriage, in decision of nullity of this marriage, if two sides have good intention in marriage contract should be preserved his or her Turkish citizenship.
4. Draft legislation and new trends
None
5. Recent judicial decisions
None
6. Recent publications
None
7. Any other information
None
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe)
Ministry Address:
General Directorate of Population and Citizenship
Nüfus ve Vatandaşlık İşleri Genel Müdürlüğü
06510 Demetevler / Ankara / TURKEY
Telephone: +90 312 3971688
Fax: +90 312 3973388
E-mail: [email protected]
|
UKRAINE (updated on 05.06.2004) |
a) Legislative provisions concerning nationality
a. Texts in force
Constitution of Ukraine, 28 June 1996;
Law of Ukraine On the Citizenship of Ukraine No. 2235-III, 18 January 2001;
Law of Ukraine On the legal status of aliens No.3929-XII of 4 February 1994;
Law of Ukraine On Immigration. No.2491-III of 7 June 2001;
Law of Ukraine On Refugees No.2557-III of 21 June 2001.
b. Main principles and provisions
Main principles
1. Ukrainian citizenship is based on a combination of jus sanginis and jus soli.
2. Personal autonomy
a. of spouses. There is no automatic loss or acquisition of nationality on marriage.
b. of minors over 15. Acquisition of nationality on legislation only with their consent.
3. There is a single citizenship in Ukraine.
4. Avoidance of statelessness.
5. The right to citizenship is an inalienable right of a person. A citizen of Ukraine can not be deprived of citizenship or the right to alter citizenship.
6. The right of a person on appeal against decisions on citizenship.
Main provisions
A. Acquisition of citizenship of Ukraine
o By birth;
o By territorial origin;
o Due to granting the citizenship of Ukraine;
o Due to renewal of the citizenship of Ukraine;
o Due to adoption;
o Due to establishment of tutelage or guardianship over a child;
o Due to establishment of guardianship over an incapable person recognized in that capacity by a court;
o Due to citizenship of Ukraine of one or both parents of a child;
o Due to affiliation;
o Due to other grounds foreseen by the international treaties of Ukraine.
The conditions of admission to citizenship of Ukraine shall be the following:
· Recognition of and adherence to the Constitution and the Laws of Ukraine;
· Obligation to terminate foreign citizenship or lack of foreign citizenship (for former citizens of states having an international treaty with Ukraine stipulating that persons may apply for the citizenship of Ukraine only if they prove that they are not citizens of another contracting party). In the year following the acquisition of the citizenship of Ukraine the persons who are foreigners must themselves to terminate foreign citizenship and submit a document certifying this issued by an authorized body of the relevant state to the body that accepted their application documents for the citizenship of Ukraine. If a person who fulfils all the conditions for receiving such a document in accordance with the legislation of this state fails to obtain this document due to circumstances beyond his/her control, or if he/she is granted refugee status or asylum in Ukraine, he/she must submit a declaration of renunciation of foreign citizenship. This rule is not applied to persons who are citizens of states that have signed an international treaty with Ukraine stipulating that persons may apply for the citizenship of Ukraine only if they prove that they are not citizens of another contracting party. The obligation to terminate foreign citizenship is not required from foreigners who are citizens of states whose legislation stipulates automatic termination of citizenship of persons simultaneously with acquiring citizenship of another state, or who are citizens of states that have signed an international treaty with Ukraine stipulating termination of citizenship of persons simultaneously with acquiring the citizenship of Ukraine, as well as from persons to whom refugee status or asylum is granted in Ukraine and from persons without citizenship;
· Continuous residence within the territory of Ukraine on legal grounds during the last five years. This requirement is not applied to a person who has been married to a citizen of Ukraine for more than two years and permanently resides legally in Ukraine and to a person who permanently resides legally in Ukraine and has been married to a citizen of Ukraine for more than two years in cases where the marriage was terminated because of death of his/her spouse. The term of continuous legal residence within the territory of Ukraine grounds for persons to whom refugee status or asylum was granted in Ukraine is three years from the moment of granting of refugee status or asylum in Ukraine; for persons who entered Ukraine as persons without citizenship the term of continuous legal residence within the territory of Ukraine is three years from the moment of obtaining of a permanent residence permit in Ukraine;
· Obtaining a permanent residence permit in Ukraine. This requirement is not applied to persons having in their 1974-type passport of the USSR an inscription certifying their permanent or temporary registration within the territory of Ukraine as well as to persons to whom refugee status or asylum was granted in Ukraine;
· Knowledge of the state language or its understanding to the extent allowing communication. This requirement is not applied to persons with certain physical disabilities (blind, deaf, dumb);
· Having legal means of subsistence. This requirement is not applied to persons to whom refugee status or asylum was granted in Ukraine.
The provisions foreseen by paragraphs 3-6 of the second part of this Article are not applied to persons with outstanding merits and to persons granted citizenship of Ukraine in the state interests of Ukraine.
The citizenship of Ukraine is not granted to a person who:
a) Has committed an crime against humanity or genocide;
b) has been sentenced to imprisonment for committing a serious crime in Ukraine (until clearing or removal of convictions);
c) has committed within the territory of another state actions recognized as serious crime by the legislation of Ukraine.
B. Termination of citizenship of Ukraine
The citizenship of Ukraine is terminated:
a) Due to renunciation of the citizenship of Ukraine;
b) Due to loss of the citizenship of Ukraine;
c) Due to the grounds foreseen by the international treaties signed by Ukraine.
The citizenship of Ukraine is lost:
2. If a citizen of Ukraine has voluntarily acquired the citizenship of another state after attaining his/her majority.
Voluntarily acquiring the citizenship of another state constitutes cases when a citizen of Ukraine of his/her own free will, expressed in a written application, has acquired the citizenship of another state or if he/she voluntarily obtained a document certifying his/her acquisition of the citizenship of a foreign state, except for the cases where:
a. Children acquire the citizenship of another state simultaneously with the citizenship of Ukraine;
b. Children who are citizens of Ukraine and were adopted by a foreigner, obtain the citizenship of a foster parent;
c. A citizen of Ukraine automatically obtains the citizenship of another state due to marriage to a foreigner;
d. The citizenship of another state was granted to a citizen of Ukraine automatically, without his consent and he has not voluntarily obtained a document certifying his/her acquisition of the citizenship of another state;
3. If a foreigner has acquired the citizenship of Ukraine and has not duly submitted, as foreseen by the fifth part of Article 8, paragraph 2 of the second part of Article 9 and second part of Article 10 of this Law, a document certifying the termination of foreign citizenship or a declaration of its renunciation;
4. If a foreigner has acquired the citizenship of Ukraine and used rights or fulfilled obligations provided for or imposed on him/her by the foreign citizenship;
5. If a person has acquired the citizenship of Ukraine in accordance with Article 9 of this Law due to presenting deliberately wrong information or falsified documents;
6. If a citizen of Ukraine has voluntarily entered the military service, the security service, law enforcement agencies, justice or state authorities or local self-government bodies of another state without the consent of the state bodies of Ukraine.
The provisions of paragraphs 1,2,3,5 of the first part of this Article are not applied if due to such application a citizen of Ukraine becomes a stateless person.
b) International agreements in force
- International Covenant on civil and political rights, 1966
- Convention on the nationality of married women, 1957
- Convention on the rights of the child, 1989
- Convention relating to the status of refugees, 1951 and Protocol relating to the status of refugees, 1967
- International Convention on the Elimination of All Forms of Racial Discrimination, 1966
- Convention on the Elimination of All Forms of Discrimination against Women, 1979
c) Recent legislative development
- Law of Ukraine On the Citizenship of Ukraine No. 2235-III, 18 January 2001, entered into force on 1 March 2001;
- Bilateral agreement between Ukraine and Republic of Belarus on simplified of the procedure of the chancing of nationality, entered into force on 8 April 2000;
- Bilateral agreement between Republic of Kazakstan and Ukraine on simplified procedure of termination and acquisition of nationality and avoiding of multiply nationality, entered into force in July 2001.
- Bilateral agreement between Ukraine and Republic of Tadzhykystan on simplified procedure for changing nationality, entered into force on 19 April 2003.
d) Draft legislation and new trends
Bilateral agreement between Ukraine and Republic of Kyrgyzstan on simplified procedure for changing nationality, signed on 28 January 2003.
- Law of Ukraine On the legal status of Overseas Ukrainians, 4 March 2004,#1582-IV
- Draft Law of Ukraine on the Procedure of Granting Asylum in Ukraine to foreigners and stateless persons
- Draft Law of Ukraine On the Introduction of Amendments to the Law of Ukraine On the Citizenship of Ukraine
e) Recent judicial decisions
- Decree of the President of Ukraine On issues concerning the implementation of the Law of Ukraine On the Citizenship of Ukraine. No.215/2001 of 27 March 2001;
- Decree of the President of Ukraine On issues concerning the implementation of the Law of Ukraine On immigration. No.596/2001 of 7 August 2001.
f) Recent publications
Collection of the bilateral and multilateral agreements of the CIS and Baltic states on citizenship issues./ Brytchenko S., Chekxovich S., Subotenko V. - K., 1999.- 400 p.
Collection of the legislative instruments of the CIS and Baltic states on citizenship issues./ Andrijenko V., Brytchenko S., Subotenko V. - K., 2000.- 432 p.
Collection of the Ukrainian legislative instruments on citizenship issues (1918 - 2000)/ Andrijenko V., Brytchenko S., Subotenko V. - K., 2000.- 384 p.
Chaly P., Citizenship is an element of sovereignty./ Policy and Time. January 2001. - No.1
Rudko M., New Law of Ukraine On Citizenship of Ukraine complies with the international standards./ Consultant.- 23 April 2001. - No.19
Rudko M., New stage of the development of the citizenship of Ukraine./ Uriadovy courier. - 2001.
Legal protection of refugees and stateless persons in Ukraine. Collection of the documents.- Kyiv, 2001. - 310 p.
Rudko M., Regulation of multiple citizenship by bilateral and multilateral agreements. Report to the 2nd European Conference on Nationality.- Strasbourg, October 2001.
Andrijenko V., Brytchenko S., Subotenko V., Citizenship of Ukraine: questions and answers. - Kyiv, 2002. - 64 pp.
Scientific and practical Commentary to the Law of Ukraine On citizenship of Ukraine. – Kyiv, 2002. – 251 pp.
Brytchenko S., In accordance with the European law norms (Ukrainian citizenship legislation on the level of European standards. / Policy and Time. October, 2003. - No.10.
Shemshuchenko U., Brytchenko S., Improving the law of Ukraine on citizenship/ Bulletin of the Ministry of Justice of Ukraine. – 2003. – No.4 (18).
Shkumbatiuk K.L. Ukrainian public policy in citizenship within the context of European integration. – Manuscript: Thesis for a Candidate Sciences degree in Public Administration – Lviv, 2004.
g) Any other information
On 23-24 April 1998 The round-table On the Law On Citizenship of Ukraine was organized in Kyiv by the Council of Europe and the Administration of the President of Ukraine in co-operation with the United Nations High Commissioner for Refugees;
On 18-20 September 2000 An expert meeting on the draft Law on Citizenship of Ukraine was organized in Strasbourg by the Council of Europe in co-operation with the Administration of the President of Ukraine;
On 11-13 December 2000 A seminar on statelessness problems for the CIS was organized in Kyiv by the Office of the United Nations High Commissioner for Refugees in Ukraine;
On 22-23 October 2001 A seminar on the compatibility of the new Law on Citizenship of Ukraine with the European Convention on Nationality was organized in Strasbourg by the Council of Europe in co-operation with the Administration of the President of Ukraine;
On 28-29 November 2002 An expert meeting to discuss issues arising in connection with Ukraine’s future accession to the European Convention on Nationality was organized in Strasbourg by the Council of Europe in co-operation with the Administration of the President of Ukraine.
h) Enquires concerning matters relating to nationality:
Administration of the President of Ukraine
Citizenship Department
11 Bankova Str., KYIV 01220 Ukraine,
Tel. (38044) 255 71 84; 255-71-81; 255-72-30
Fax (38044) 255 64 97
Ministry of Foreign Affairs of Ukraine
Consular Department,
1 Mikhaylivska Sqr., KYIV 01018 Ukraine,
Tel. (38044) 238-15-15; 238-17-19
Fax (38044) 253 94 93.
Ministry of Interior of Ukraine,
10 Bogomoltsa Str., KYIV 01024, Ukraine
Citizenship Department
Tel./Fax (38044) 254-76-27.
|
UNITED KINGDOM (updated on 13.05.2004) |
1. Legislative provisions concerning nationality
a. Texts in force
- British Nationality Act 1981
- British Nationality (Falkland Islands) Acts 1983
- Hong Kong Act 1985
- British Nationality (Hong Kong) Act 1990
- Hong Kong (War wives and Widows) Act 1996
- British Nationality (Hong Kong) Act 1997
- British Overseas Territories Act 2002
- Nationality, Immigration and Asylum Act 2002
The 1981 Act came into force on 1 January 1983 and is generally definitive in terms of persons born on or after that date. It does not apply retrospectively. It is the latest stage of an evolutionary process.
Prior to 1949 the principal nationality category was British subject status. Acquisition and loss was governed by the British Nationality and Status of Aliens Act 1914, which applied throughout the British Empire.
The British Nationality Act 1948 created a new class of “citizen of the United Kingdom and Colonies” to distinguish British subjects who were not citizens of former colonies which had achieved independence. At the outset all citizens of the United Kingdom and Colonies possessed an unfettered right of abode in the United Kingdom but the right of some citizens was extinguished by subsequent immigration legislation.
The British Nationality Act 1981 replaced citizenship of the United Kingdom and Colonies with three separate citizenships:
a. British citizenship, for those citizens of the United Kingdom and Colonies who on 31 December 1982 had the right of abode in the United Kingdom;
b. British Dependent Territories citizenship, for those connected with the remaining dependent territories; and
c. British Overseas citizenship, for those who had neither the right of abode in the United Kingdom nor a connection with a dependency.
The British Overseas Territories Act 2002 renamed the dependent territories “British overseas territories” and the associated citizenship “British overseas territories citizenship”. It also provided for the automatic acquisition of British citizenship (in addition to British overseas territories citizenship) by persons having an appropriate connection with any British overseas territory except the Sovereign Base Areas on Cyprus.
There are additionally three smaller groups – British subjects, British protected persons, and British Nationals (Overseas) – which, like British Overseas citizenship, arise in the main from birth in former colonies. It is expected that these latter groups will disappear with the passing of a generation.
The key points to note are that:
a. only British citizens and certain British subjects have a right of abode in the United Kingdom, and
b. only British citizens, British subjects with the right of abode in the United Kingdom and British overseas territories citizens who derive that status from a connection with Gibraltar are “UK nationals” for European Community purposes.
In order to simplify matters the rest of this text concentrates on British citizenship. Enquiries about other categories of citizenship should be directed to the Home Office Immigration and Nationality Directorate.
b. Main principles and provisions
i. British citizenship is based on a combination of ius sanguinus and ius soli. A child born in the United Kingdom or a British overseas territory will be a British citizen if one of his or her parents is a British citizen or is settled there.
ii. There is equality between men and women. British citizenship may generally be acquired from either parent; if the child is illegitimate it may be acquired only from the mother.
iii. Dual and multiple nationality is generally permitted (British protected persons and certain British subjects lose that status if another nationality or citizenship is acquired).
iv. Avoidance of statelessness. (Under certain conditions a stateless person may have a right to registration as a British citizen. British nationality is in some circumstances acquired at birth if the child would otherwise be stateless. There is a legal presumption of British nationality of new-born infants found abandoned in the United Kingdom or a British overseas territory. The possession of another nationality is a precondition for the renunciation of British nationality.)
v. Autonomy of spouses. There is no automatic loss or acquisition of nationality on marriage, but the spouse of a British citizen becomes eligible to naturalise under easier conditions.
A. Acquisition of British nationality:
1. By birth in the United Kingdom or a British overseas territory to a parent who is a British citizen or is settled there.
2. By descent from either parent if the child is legitimate; from the mother only if the child is legitimate. A child born out of wedlock may be legitimated by the subsequent marriage of his parents.
3. By adoption: Adoption by a British citizen automatically confers British citizenship on the adopted child if either the adoption takes place in the United Kingdom or a British overseas territory or both adopters are habitually resident in the United Kingdom and the adoption is certified under the 1992 Convention on Intercountry Adoption.
4. By naturalisation: British citizenship may be acquired by application for a certificate of naturalisation. The conditions are:
- five years legal residence in the United Kingdom the last year of which must have been spent free of immigration restrictions;
- full age (18 or over) and not of unsound mind;
- good character;
- intention to have home or principal home in United Kingdom;
- sufficient knowledge of English, Welsh or Scottish Gaelic.
The spouse of a British citizen may apply for naturalisation after completing 3 years’ legal residence. The applicant’s residence must not be subject to any time limit on the date of application. The applicant must be 18 or over and not of unsound mind, but does not have to meet the requirements to have sufficient knowledge of the language and to intend to live in the United Kingdom once naturalised. He or she must be of good character.
The Secretary of State has discretion to refuse to issue a certificate of naturalisation even if all the above-mentioned conditions are met. Equally, he has discretion to waive most of those requirements if in the circumstances of a particular case he considers it appropriate to do so.
5. By registration: In some cases the applicant may have an entitlement to be registered as a British citizen and does not need to go through the naturalisation procedure. This entitlement is possessed by:
- A person who is already a British overseas territories citizen, British Overseas citizen, British subject, British protected person or British National (Overseas), following 5 years’ residence in the United Kingdom.
- A person who is already a British Overseas citizen, British subject or British protected person, has no nationality or citizenship apart from this and has not given up any nationality or citizenship since 4 July 2002.
- A person born after 7 February 1961 who would have become a British citizen automatically on 1 January 1983 but for the inability of British women to pass on their citizenship to children born before 1983.
- A person who is a British overseas territories citizen by virtue of a connection with Gibraltar.
- Certain minors born in the United Kingdom or a British overseas territory who do not acquire British citizenship at birth, and those born outside the United Kingdom or a British overseas territory to parents who are British citizens by descent only.
- Certain persons who would otherwise be stateless.
- Those who previously renounced British citizenship or (prior to the 1981 Act) citizenship of the United Kingdom and Colonies in order to acquire or retain some other citizenship.
The Secretary of State may register any minor as a British citizen if, in the circumstances of a particular case, he considers it appropriate to do so. In addition he may, in special circumstances, register a British overseas territories citizen, British Overseas citizen, British subject, British protected person or British National (Overseas) as a British citizen if that person has at any time been in Crown service under the government of a British overseas territory. A person who renounced British citizenship (or, before the 1981 Act, citizenship of the United Kingdom and Colonies) but was not obliged to do so in order to retain or acquire some other citizenship may resume British citizenship by registration at the discretion of the Secretary of State.
The Hong Kong (War Wives and Widows) Act 1996 provides for the discretionary registration as British citizens of the wives and former wives of men who fought in the defence of Hong Kong during the Second World War.
The British Nationality (Hong Kong) Act 1997 confers an entitlement to registration as a British citizen on any person who, immediately before 4 February 1997, was either a British Dependent Territories citizen, a British Overseas citizen, a British subject or a British protected person, and who would otherwise have been stateless. Applicants must additionally have been ordinarily resident in Hong Kong both immediately before 4 February 1997 and on the date of application.
The British Overseas Territories Act 2002 provides for certain British overseas territories citizens who have not also acquired British citizenship under that Act to be registered as British citizens. Registration is at the discretion of the Secretary of State.
B. Loss of British Nationality
1. By renunciation: Any British citizen who is of full age and has or is about to acquire some other citizenship may renounce his British citizenship by making a declaration to the Secretary of State. The renunciation takes effect from the date on which the declaration is registered, but is deemed to have been invalid if another citizenship is in practice acquired within 6 months.
2. By deprivation: British nationality may be withdrawn from any person who has it if either that person has done something “seriously prejudicial to the vital interests of the United Kingdom or a British overseas territory” and would not become stateless as a result of losing British nationality or the British nationality was obtained by fraud, false representation or the concealment of a material fact. British nationality is retained until all options for appeal against the proposed deprivation have been exhausted.
The courts have ruled that a registration (or naturalisation) involving deception as to the applicant’s identity may fail at the outset to confer citizenship if the deception is sufficiently fundamental. In such cases there would be no need for the Secretary of State to have recourse to the deprivation machinery.
3. By automatic loss: British protected persons and those British subjects who derive their status from a connection with former British India will lose that status if another nationality or citizenship is acquired.
2. International agreements in force
- Convention on the Nationality of Married Women 1957
- UN Convention on the Reduction of Statelessness 1961
- Convention on the Reduction of Cases of Multiple Nationality and on Military Obligations in Cases of Multiple Nationality (Chapter II only) 1963
- International Convention on the Elimination of All Forms of Racial Discrimination 1966
- European Convention on the Adoption of Children 1967
- Convention on the Elimination of All Forms of Discrimination against Women, 1979
- Joint Declaration of the Government of the United Kingdom and the Government of the People’s Republic of China on the Question of Hong Kong 1984
- Convention on the Rights of the Child 1989
- Convention on Protection of Children and Co-operation in respect of Intercountry Adoption 1992
3. Recent legislative developments(from 1.09.2001)
Since 1 January 2004 adult applicants for British citizenship have been required to attend a “citizenship ceremony”. Here, in addition to making an oath of allegiance to the Sovereign, the aspiring citizen pledges his or her loyalty to the United Kingdom and undertakes to “respect its rights and freedoms, uphold its democratic values, observe its laws faithfully and fulfil my duties and obligations as a British citizen”.
Provisions that exempted the Secretary of State for any requirement to give reasons for certain of his decisions, that restricted the ability of the courts to review such decisions and that enabled the Secretary of State to authorise discrimination on grounds of nationality, ethnic or national origin have all been repealed.
In addition to the changes that are already in force -see above and main text- the Nationality, Immigration and Asylum Act 2002 will, from a date (or dates) to be decided,
- require applicants for naturalisation as a British citizen to demonstrate that they have “sufficient knowledge about life in the United Kingdom”; and
- extend the existing requirement for basic language skills to applicants who are married to British citizens; and
- enable men to pass on the benefits of their status to their illegitimate children, subject to proof of paternity.
The Adoption and Children Act 2002 makes certain changes to the British Nationality Act 1981 in anticipation of the possible future extension of the 1992 Convention on Intercountry Adoption to some or all of the British overseas territories.
Information about the changes made by the British Overseas Territories Act 2002 has been incorporated into the main text.
4. Draft legislation and new trends (from 1.09.2001)
A Bill currently before Parliament would enable certain same-sex couples to form “civil partnerships”. In doing so they would acquire a package of rights and responsibilities similar to those acquired on marriage. A consequential amendment to the British Nationality Act 1981 would enable the civil partner of a British citizen to obtain naturalisation on the same terms as a person married to a British citizen.
The Immigration and Asylum (Treatment of Claimants etc) Bill, also currently before Parliament, would make some changes to the process for appealing against a proposed deprivation of British citizenship.
5. Recent judicial decisions(from 1.09.2001)
Peter Harrison v. Secretary of State for the Home Department [2003] ECWA Civ 432: (1) British citizenship is a legal status, possession of which can be determined conclusively only by the courts. (2) The determination of nationality status or citizenship rights is not “the determination of civil rights and obligations” and therefore does not engage Article 6 ECHR.
6. Recent publications (from 1.09.2001)
“Secure Borders, Safe Haven – Integration with Diversity in Modern Britain” (Cm 5387), February 2002
Citizenship Ceremonies Consultation Document, July 2003
“Persons Granted British Citizenship – United Kingdom 2002” (Home Office Statistical Bulletin 09/03), August 2003
“The New and the Old – The Report of the ‘Life in the United Kingdom’ Advisory Group”, September 2003
7. Any other information
The United Kingdom Government has under consideration the possible ratification of the European Convention on Nationality.
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from the Council of Europe)
Home Office
Immigration and Nationality Directorate
3rd Floor, India Buildings
Water Street
UK – LIVERPOOL L2 0QN
Tel. 44 151 237 52 00
Fax 44 151 237 53 86
Website (including e-mail enquiry facility): www.ind.homeoffice.gov.uk
B
PART II
_______
Non member-States of the Council of Europe
|
CANADA |
1. Legislative provisions concerning nationality
1. Texts in force
Citizenship Act, 1974-75-76, c.108, s.1
Citizenship Regulations, 1993
2. Main principles and provisions
Main Principles
1. Citizenship is a qualified right for all those who meet the requirements under the Act and its Regulations.
2. Generally speaking, all applicants are treated in the same manner under the Citizenship Act. The Act does not distinguish between men and women or foreign nationality status.
3. The Act does not seek to avoid multiple citizenship; Canadians who become citizens of other countries do not lose their Canadian citizenship and persons acquiring Canadian Citizenship are not expected to formally renounce their current nationality.
4. The Act avoids cases of statelessness by granting citizenship to children born or found as a deserted child on Canadian soil, and requiring persons wishing to renounce their citizenship to produce evidence of another nationality.
5. The Act is based on the principles of jus soli and jus sanguinis:
1. Jus soli: any person born in Canada is deemed a Canadian citizen – with the exception of children of foreign diplomats who were neither citizens nor permanent residents at the time of birth.
2. Jus sanguinis: any person born outside Canada after February 14, 1977 of a parent who was a Canadian citizen at the time of birth, is a Canadian citizen.
Main provisions
A. Acquisition of citizenship
- through filiation: as a result of parents’ citizenship at the time of birth
[ss 3(1)(b), 3(1)(e) and 4(3)];
- through birth on Canadian soil: [s. 2(2)(a), 3(1)(a) and 4(1)] – with the exception of children of foreign diplomats [s. 3(2)];
- through naturalization (s.5):
Adults [s. 5(1)]: the Minister of Citizenship and Immigration shall grant citizenship to adult persons seeking naturalization in Canada provided they meet the requirements under the Act:
3. have been fully lawfully admitted to Canada for permanent residence;
4. have resided in Canada for at least 3 of the 4 years preceding the date of the application;
5. have an adequate knowledge of French or English;
6. have an adequate knowledge of Canada and of the responsibilities and privileges of citizenship;
7. are not subject to any prohibitions related to criminal activity; under deportation; or, a threat to national security (ss. 20 and 22).
Children [s. 5(2)(a)]: the Minister shall grant citizenship to children of citizens who are under 18 years of age, provided the children have been lawfully admitted to Canada for permanent residence (includes children adopted abroad by Canadian citizens).
B. Loss of citizenship
7. Renunciation (s.9): Citizens may renounce their Canadian citizenship if they:
· are a citizen of a country other than Canada;
· are not subject to any order in a matter of national security (ss. 19 and 20);
· are of age (18 years or over);
· do not reside in Canada;
· understand the consequences of renouncing their citizenship.
· Citizens born outside Canada (s. 8): Persons born outside Canada after February 14, 1977 of a parent who was a Canadian citizen, lose their citizenship on attaining the age of 28 years unless they apply to retain their citizenship.
· Revocation (ss. 10 and 18): The Governor in Council may revoke citizenship if it was obtained by fraud or false representation or by knowingly concealing material circumstances.
C. Resumption of citizenship (s. 11):
The Minister shall grant citizenship to any person who ceased to be a citizen other than by revocation, provided the person was lawfully admitted to Canada for permanent residence for at least one year previous to applying for resumption and is not prohibited for criminal, deportation or security reasons.
D. Discretion:
The Minister may review certain requirements for the granting of citizenship in special circumstances [s. 5(3)].
The Governor in Council may direct the Minister to grant citizenship in special cases [s.5(4)].
· International agreements in force
· Convention on the Nationality of Married Women, signed in 1957, ratified in 1959,UN.
· Convention on the Reduction of Statelessness, ratified in 1978, UN.
3. Recent legislative developments
None
4. Draft legislation and new trends
· Bill C-16,Citizenship of Canada Act: On November 25, 1999, the Minister of Citizenship and Immigration Canada tabled Bill C-16 in the Canadian Parliament. When this Bill is passed, it will repeal the Citizenship Act, 1977.
Bill C-16 contains many of the same basic elements of the 1977 Act:
8. children born in Canada will be citizens automatically, (with the exception that children of foreign diplomats will not be citizens automatically);
9. children born to a Canadian parent abroad will have a right to Canadian citizenship;
10. Canadians will be able to hold other nationalities (multiple citizenship will be allowed);
11. citizenship can be revoked if it was obtained through fraud or knowingly concealing material circumstances.
Some key changes that Bill C-16 will bring are:
12. Applicants will have to be physically present in Canada for 3 years during the 6 years before they apply for citizenship (the current 3 year residency requirement has been legally interpreted as not requiring physical presence).
13. The Minister will have the authority to annul citizenship if it was obtained using a false identity or if the person was not eligible for citizenship because of previous criminal activity.
14. The Minister will be able to refuse to grant citizenship if she determines that it would not be in the public interest to do so. (This power would be used in exceptional circumstances. For example, where an applicant has engaged in activities which clearly do not reflect Canadian values, such as promoting religious or racial hatred, that person could be denied citizenship in the public interest.)
15. Children adopted outside Canada will be able to obtain citizenship without going through the immigration process.
16. Only first and second generations born abroad will be able to acquire citizenship automatically at birth. A child who is the third generation of his family to be born abroad will not obtain citizenship automatically. However, if the child is stateless, there will be an opportunity for him to obtain Canadian citizenship.
b) Bill C-23, Modernization of Benefits and Obligations Act: This legislation was tabled in Canada’s Parliament on February 11, 2000. It will amend either the Citizenship Act, 1977 or the Citizenship of Canada Act (Bill C-16), depending on which legislation is in force when Bill C-23 becomes law. Bill C-23 will expand the provisions of the citizenship law that refer to married spouses to include opposite and same-sex common-law partners. Common-law partners will be couples who have cohabited in a conjugal relationship for at least one year.
The provision in Canada’s citizenship law that will be substantively affected by Bill C-23 is one which allows spouses of Canadians who work abroad for the Canadian government, the Canadian Armed Forces or one of Canada’s provincial or territorial governments to count the time they spend living abroad with their Canadian spouse toward the requirement to be resident in Canada.
It is possible to track the progress of Bills through Canada’s Parliament on the Parliamentary website at www.parl.gc.ca
5. Recent judicial decisions
None
6. Recent publications
None
7. Any other information
None
8. Enquiries concerning matters relating to nationality (in addition to information
which may be obtained from Council of Europe)
Department of Citizenship and Immigration Canada
Norman Sabourin
Registrar of Canadian Citizenship
Citizenship and Immigration Canada
Room C562, 300 Slater Street
Ottawa, Ontario
Canada, K1L 1L1
Telephone: (613) 952-7273
Facsimilie: (613) 957-2206
Email: [email protected]
Madeleine Riou
Nationality Law Advisor
Citizenship and Immigration Canada
C553, 300 Slater Street
Ottawa, Ontario
Canada, K1L 1L1
Telephone: (613) 952-9672
Facsimilie: (613) 952-2206
Email: [email protected]
Citizenship and Immigration Canada’s Website: http://www.cic.gc.ca/
Information and applications forms for citizenship and immigration purposes can be found on the departmental website.
Related sites:
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HOLY SEE (VATICAN) |
1. Legislative provisions concerning nationality
a. Texts in force
· Law on citizenship and residence (III/29)
b. Main principles and provisions
The Vatican citizenship is mainly related to the rank and office exercised, implying a stable residency on the territory of the Vatican City.
2. International agreements in force
None
3. Recent legislative developments
None.
4. Draft legislation and new trends
None.
5. Recent judicial decisions
None.
6. Recent publications
"L'Attivitá della Santa-Sede - 1992", LEV, p. 1499
7. Any other information
None.
8. Enquiries concerning matters relating to nationality (in additional to information which may be obtained by the Council of Europe
Ufficio dello Stato Civile, Protocollo e Archivi
Governatorato
00120 CITTA' DEL VATICANO
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KYRGYZSTAN (updated on 02.08.2002) |
1. Legislative provisions concerning nationality
a. Texts in force
- The Constitution of the Kyrgyz Republic (Articles 13, 14);
- Law on citizenship of the Kyrgyz Republic (1993).
- Law on the legal Status of foreign citizens in the territory of the Kyrghyz Republic (1993)
b. Main principles and provisions
- Nobody may be arbitrarily deprived his or her nationality or the right to change nationality;
- Nationality of the Kyrgyz Republic is one and the same for all, regardless of the manner of acquisition;
- Marriage to a foreign national or to stateless person contracted by a man or women who is a citizen of the Kyrgyz Republic as well as dissolution of such marriage shall not by itself change the citizenship of either spouse.
1. Acquisition of nationality of the Kyrgyz Republic
Nationality of Kyrgyzstan shall be acquired:
- by birth
- by naturalisation
- on the grounds prescribed by the international treaties of Kyrgyzstan
- on other grounds prescribed by the Law on Nationality of the Kyrgyz Republic.
2. Admittance to nationality of the Kyrgyz Republic
The conditions for admittance to nationality of the Kyrgyz Republic shall be the following:
i. renunciation of foreign nationality;
ii. permanent residence in the territory of the Kyrgyz Republic for the past five years;
iii. a knowledge of the Kyrgyz language
iv. the existence of lawful sources of subsistence.
3. Termination of nationality of the Kyrgyz Republic
Nationality of the Kyrgyz Republic shall be terminated :
- by withdrawal from nationality of the Kyrgyz Republic
- by loss of nationality of the Kyrgyz Republic
- on the other grounds prescribed by the Law on nationality of the Kyrgyz Republic and the international treaties of the Kyrgyz Republic.
Nationality of the Kyrgyz Republic shall be lost:
- through entry by the person concerned into the military service, security service of a foreign State without the consent of the state authorities of the Kyrgyz Republic thereto,
- if a person who is outside Kyrgyzstan has not been on the register at the consulate for three years.
4. Multiple nationality
The principle of prohibition of dual nationality: a citizen of the Kyrgyz Republic may not simultaneously be a citizen of another State.
2. International agreements in force
- International Covenant on Civil and Political Rights, 1966
- Convention on the Rights of the Child, 1989
- Treaty between the Kyrgyz Republic and the Russian Federation on legal status of permanent residents (13 October 1995)
- Agreement between the Kyrgyz Republic and the Russian Federation on the simplified system of acquisition of citizenship for Russian citizens residing permanently in the Kyrgyz territory and vice-versa (28 March 1996)
- Convention relating to the status of refugees, 1951
- Protocol relating to the status of refugees, 1967
- Convention on the nationality of married women, 1957
- Convention on the elimination of all forms of discrimination against women, 1979
- Multilateral agreement between the Kyrgyz Republic and others CIS states "On simplified order of acquisition of citizenship between Republic Belarus, Republic of Kazakhstan, Kyrgyz Republic and Russian Federation" signing at Moscow February 26, 1999, taking by Law of the Kyrgyz Republic at July 31, 2000.
3. Recent legislative developments
None.
4. Draft legislation and new trends
The Kyrgyz Republic is preparing accession to the following treaty:
- International Convention on the elimination of all forms of the racial discrimination, 1966
The amendment of the law on citizenship of the Kyrgyz Republic is being drafted and will be presented to Parliament in August 1996.
5. Recent judicial decisions
None.
6. Recent publications
None.
7. Any other information
None.
8. Enquiries concerning matters relating to nationality (in addition to information which may be obtained from Council of Europe)
Ministry
Ministry of Foreign Affairs
International Law Department
and Consular Department
720050, Bishkek
Abdumomunov str.,205
Kyrgyzstan
Tel. +3312 22 68 56 (International Law Department)
Fax +3312 22 57 35 ( " " )
Tel. +3312 22 09 79 (Consular Department)
Fax +3312 22 49 51 ( " )
[1] For further information on Council of Europe Conventions see the website http://conventions.coe.int
[2] Multilateral and bilateral agreements (including agreements with non-European States) relating to nationality.
* The ratification law is subject to considerable reservations which affect the practical implementation and execution.
[3] As amended in 1989.
[4] As amended in 1989 and 2000.